CONSIDERATIONS ON THE ADMISSIBILITY OF THE APPLICATION TO THE HIGH COURT OF CASSATION AND JUSTICE FOR A PRELIMINARY RULING ON THE SETTLEMENT OF LEGAL ISSUES
CONSIDERATIONS ON THE ADMISSIBILITY OF THE APPLICATION TO THE HIGH COURT OF CASSATION AND JUSTICE FOR A PRELIMINARY RULING ON THE SETTLEMENT OF LEGAL ISSUES

Summary/Abstract: The admissibility of the request addressed to the High Court of Cassation and Justice in order to pronounce a preliminary decision for resolving certain legal issues is conditioned by the meeting of several conditions, described by art. 475 Romanian Code of Criminal Procedure. Among them is the requirement that the Supreme Court of Cassation and Justice has not ruled on a legal issue whose resolution is requested from the supreme court by preliminary ruling, nor appeal in the interest of the law.Analyzing this condition, we consider that it is incidental when the previous preliminary ruling belongs to the Panel for resolving legal issues other than criminal matters, provided that the text interpreted by the judges of the supreme court has a similar statement in criminal law. Another interpretation would lead, in our opinion, to unacceptable conclusions, namely that depending on the applicable procedure (civil, criminal or administrative) the person's rights and obligations should be interpreted differently, in the context in which the legal text is similar. Also, to proceed differently collides directly with the text of art. 475 of the Code of Criminal Procedure, which refers to the High Court as a whole, and not to a particular panel of the supreme court.

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