Asigurarea practicii judiciare unitare. Mecanisme prevăzute de Noul Cod de procedură civilă
Ensuring the unitary judicial practice. Mechanisms provided by the New Civil Procedure Code

Summary/Abstract: The New Civil Procedure Code, valid starting with 1st of February 2013, through the E.G.O. no. 44/2012, was adopted by Law no. 134/2010, republished in the Official Gazette, part I, no. 545 of August 3rd, 2012, as it was modified by Law no. 76/2012 for the enforcement of Law no. 134/2010, provides, in the IIIrd title – Provisions regarding the ensuring of a unitary judicial practice, two mechanisms for the unification of the judicial practice in civil matter, namely, the remedy on points of law (with an old tradition in the procedural Romanian law), now, with a much more extensive regulation, between art. 514 - 518, respectively, the referral of the High Court of Cassation and Justice in view of a preliminary ruling for solving some law problems, between art. 519 - 521. The assumed and declared interest of the remedy on points of law is represented that of ensuring and interpreting and unitary application and coherent of the law, by all the courts, throughout the country territory, to unify a divergent judiciary practice, in compliance with the provisions of the art. 514 and 515 of the New Civil Procedure Code, the final legal objective being in accordance with the constitutional obligation of the High Court of Cassation and Justice, respectively to the provisions of art. 126, par. (3) of the Romanian Constitution. The decision on points of law, rulled by the Supreme Court, has the value of a secondary source of law, approaching to normatives, as it has a generally abstract character and a mandatory disposition, consequences that last until the amendment, abrogation or establishment of the unconstitutionality of the law provision that was subject to interpretation by remedy. The procedure for a preliminary ruling, with the value of a principle, is completely new to our justice system, the purpose of its introduction being that the notice of the High Court of Cassation and Justice, within a trial (pending) to be finally settled, to be a preventive one, anticipatory, likely to eliminate the risk of occurrence and expanding of a non-unitary jurisprudence, through a principle settling of an essential law issue, of whose clearance depends the fund settlement of the respective case, as the act of justice has to be non-discriminatory and equitable for all the participants.

• Details
• Contents