DECISIONS RULED IN THE INTEREST OF THE LAW BY THE HIGH COURT OF CASSATION AND JUSTICE – “CURATIVE REMEDY” FOR THE DIVERGENT LEGAL PRACTICE
DECISIONS RULED IN THE INTEREST OF THE LAW BY THE HIGH COURT OF CASSATION AND JUSTICE – “CURATIVE REMEDY” FOR THE DIVERGENT LEGAL PRACTICE
Author(s): Iulia BoghirneaSubject(s): Law, Constitution, Jurisprudence, Law and Transitional Justice, Sociology of Law
Published by: C.H. Beck Publishing House - Romania
Keywords: appeal in the interest of the law; legislative unification; High Court of Cassation and Justice; decisions of principle;
Summary/Abstract: The Romanian legislator inspired by the French legislation, has stated in 1861 the legal institution of the appeal in the interest of the law, for the first time in the Romanian legal system.This institution has been adopted out of the necessity for a unitary application of the law resulting from the general principle of the law namely the principle of legality, the decisions of the High Court of Cassation and Justice issued in the interest of the law becoming true guidelines in matters of principle, which were resolved matchlessly by the national courts.
Journal: Studii Juridice şi Administrative
- Issue Year: 21/2019
- Issue No: 2
- Page Range: 87-98
- Page Count: 12
- Language: English