Curtea Constituționalã vs. Înalta Curte de Casație și Justiție
Constitutional Court vs. High Court of Cassation and Justice

Summary/Abstract: The Constitutional Court established (Court Decision no. 369/2017) that the "phrase" and other applications monetised value of up to 1,000,000 lei including 'in art.XVIII par. (2) of Law No.2 / 2013 on some measures to relieve the courts, and to prepare the implementation of Law no. 134/2010 on the Code of Civil Procedure is unconstitutional".By pronouncing the Decision no. 369/2017, the Constitutional Court established that "are subject to appeal all decisions issued after publication of this Decision in the Official Gazette of Romania, applications valued in money, except those exempted by material criteria, stipulated in theses covered by Article XVIII par. (2) of Law No 2/2013". In connection with the Decision No. 369/2017 of the Constitutional Court, the High Court of Cassation and Justice held that "the interpretation and application of art. 27 of the Code of Civil Procedure, with reference to art. 147 par. (4) of the Constitution, the Constitutional Court Decision no effects 369 of May 30, 2017 occurs on judgments after its publication in the Official Gazette, in disputes valued in cash up to 1,000,000 lei including, started after publication of the decision (July 20, 2017) ", pronouncing Decision no. 52/2018.Subsequently, the Constitutional Court established by Decision No. 454/2018 that the High Court of Cassation and Justice has no jurisdiction in constitutional decisions of unconstitutionality. We consider that the reasons shown by the Constitutional Court Decision no. 454/2018 is based, decisions rendered in constitutional matters being universally binding and enforceable against all since their publication in the Official Gazette. Moreover, the competence interpreting the Constitution rests solely with the Constitutional Court, a task involving delivery of unconstitutionality decisions and determine the application of the effects they produce.

• Details
• Contents