Prime Time for Justice: Exploiting the Relations among the High Court of Cassation and Justice, the Constitutional Court of Romania and the European Court of Justice
Prime Time for Justice: Exploiting the Relations among the High Court of Cassation and Justice, the Constitutional Court of Romania and the European Court of Justice

Summary/Abstract: The High Court of Cassation and Justice is the highest court within the hierarchy of courts in Romania and it has jurisdiction mainly to ensure consistent interpretation and application of the law by other courts, both in criminal and civil matters. Chronologically, the Court of Cassation and Justice was founded in 1861 and, after having several names, each with its own meaning for its role, following the revision of the Constitution of Romania in November 2003 the supreme court becomes once again the High Court of Cassation and Justice. It has the primary role in the unification of Romanian jurisprudence in relation to European law, having exclusive national jurisdiction to eliminate contradictory legal decisions by sentencing the decisions regarding the appeal in the interest of the law, and recently, by sentencing the preliminary decisions in a number of legal issues. In its relation with the Constitutional Court, the High Court is the only court within the judicial system that can trigger both a priori control of the constitutionality review of the law, and a posteriori control in this regard.

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