Examen comparativ al condițiilor de admisibilitate a mecanismelor de unificare a practicii judiciare în procedura civilă – recurs în interesul legii și hotărâre preliminară
Comparative examination of the admissibility conditions of the mechanisms for the unification of judicial practice in the civil procedure – appeal in the interest of the law and preliminary ruling
Author(s): Luminita Nicolescu, Ruxandra-Paula RăileanuSubject(s): Law, Constitution, Jurisprudence, Civil Law, Human Rights and Humanitarian Law
Published by: Universul Juridic
Keywords: appeal in the interest of the law; preliminary ruling for resolving a question of law; object; analysis; conditions of admissibility; effects;
Summary/Abstract: The legislator's special attention to the arrangement of efficient institutions, which ensure the uniform interpretation and application of the law, was driven by the significant role that judicial practice has both on the level of European and national law in promoting the values of human rights and the security of legal relations. The procedural tools that ensure a unitary practice are: the referral to the High Court of Cassation and Justice in order to issue a preliminary decision to resolve a legal issue and the referral to the supreme court regarding the appeal in the interest of the law. This article contains a comparative analysis of the two unification mechanisms from the perspective of the object, the conditions of admissibility and the effects produced by the judgments issued by the High Court of Cassation and Justice regarding appeal notifications in the interest of the law and for resolving some issues of Right.
Journal: Revista Pro Lege
- Issue Year: 2022
- Issue No: 3-4
- Page Range: 192-217
- Page Count: 26
- Language: Romanian