Contribuţia Înaltei Curţi de Casaţie şi Justiţie la confuzia privind competenţa materială procesuală a instanţelor în materia litigiilor cu profesionişti
Contribution brought by the High Court of Cassation and Justice to the confusion regarding the procedural jurisdiction in matters relating the disputes with professionals

Summary/Abstract: The study shall analyse how, subsequent to the enforcement of the Civil Procedure Code, the High Court of Cassation and Justice has sought to settle the issue concerning the court’s procedural jurisdiction (panels, divisions and tribunals) in matters relating the disputes with professionals. After identifying the court procedural and organizational rules applicable to the matter, the protocol concluded between the two civil divisions of the supreme court and the consequences thereof shall be subject to examination. Furthermore, the solutions delivered by the High Court, by way of panels, for the settlement of second appeals in the interest of the law, by means of decision no. 24/2015, no. 18/2016 and no. 2/2019 shall be analysed by revealing the inconsistencies and even the contradictions between them. The last part reveals the negative effects of the inconsistent, oscillating conduct adopted by the High Court of Cassation in the issue approached and there is an emphasis on the importance and urgency of finding a clear and unified solution to the problem. This is either by the Supreme Court complying, in a reasonable and proper manner, with its constitutional role asserted in Art. 126 of the Constitution, that of ensuring the uniform interpretation and enforcement of the law, or by the initiation of a clear and consistent legislative change providing for the existence and operation of the panels, divisions and tribunals in respect of the disputes with professionals (traders), by identifying such disputes or by establishing clear criteria for the identification of such categories of disputes, which should fall under the jurisdiction of panels, divisions and tribunals for professionals (commercial).

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