THE PRELIMINARY DECISIONS ISSUED BY THE COURT OF JUSTICE OF THE EUROPEAN UNION AND THE JUDGMENTS FOR RESOLVING LEGAL ISSUES OF THE HIGH COURT OF CASSATION AND JUSTICE. COMPARATIVE STUDY ON THE ADMISSIBILITY CONDITIONS
THE PRELIMINARY DECISIONS ISSUED BY THE COURT OF JUSTICE OF THE EUROPEAN UNION AND THE JUDGMENTS FOR RESOLVING LEGAL ISSUES OF THE HIGH COURT OF CASSATION AND JUSTICE. COMPARATIVE STUDY ON THE ADMISSIBILITY CONDITIONS
Author(s): Anamaria Groza, Vali Ştefania Ileana-NiţăSubject(s): Criminal Law, Civil Law, EU-Legislation, Court case, Comparative Law
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: preliminary decision; preliminary ruling; conditions of admissibility; unification of judicial practice; novelty of the legal issue;
Summary/Abstract: The study intends to discover resemblances and differences between the judicial institutions of preliminary decisions in EU law and decisions on unlocking matters of law delivered by the Romanian SCJ, both in civil and criminal fields. Our interest is to clarify the deep significance of these resemblances and differences from the perspective of law systems and the jurisprudence of the ECJ and SCJ. In the third place, we intend to evaluate the utility of these mechanisms of interpreting law and unifying practice from a general perspective, hoping that a system can become a source of inspiration for the other system. The research is descriptive, explanatory and comparative, being accompanied by relevant doctrine and jurisprudence.
Journal: Perspectives of Law and Public Administration
- Issue Year: 11/2022
- Issue No: 3
- Page Range: 435-447
- Page Count: 13
- Language: English
