Cum a produs Înalta Curte de Casaţie şi Justiţie un eveniment judiciar
How the High Court of Justice Created a Judicial Event

Summary/Abstract: On 4 June 2008, in the case C.S. Voinţa v. Romanian Government, the Romanian High Court of Justice delivered a “historic” decision. The Court found that a domestic piece of legislation was inapplicable because, in light of the Jurisprudence of the Strasbourg and Luxembourg courts, respectively, it was contrary to Article 6 of the European Convention on Human Rights and Article 14 of the Charter of Fundamental Rights. The decision is historic because the High Court crossed two decisions of the Constitutional Court of Romania, which had found, after consideration of all the reasons on which the highest court in the country based its decision, that the domestic norm in question was not contrary to said European norms. The decision in question raises two problems. First, an intrinsic one, namely the reasoning based on which the High Court established a contradiction between the domestic and the European acts. And secondly, the relationship between the two systems. On the one hand, that between the Romanian system of protection of fundamental rights and the European system and, on the other hand, the relationship between the competencies of the Constitutional Court and those of the ordinary tribunals.

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