Admisibilitatea căii de atac a recursului în lumina jurisprudenței Curții Constituționale și a Înaltei Curți de Casație și Justiție
Admissibility of the Appeal in the Light Law of the Constitutional Court and the High Court of Cassation and Justice Jurisprudence

Author(s): Andrei-Radu Dincă
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Civil Law
Published by: Universul Juridic
Keywords: the right to defend oneself; admissibility of appeal; value criterion; decision reasons; incomplete civil procedural rules;
Summary/Abstract: The right to defend oneself, a fundamental principle of applying civil procedural law, has always been an essential concern of both the Constitutional Court of Romania and the High Court of Cassation and Justice. The new civil procedural legislation, of modern conception, surprising solutions of the established doctrine and jurisprudence, but also providing new solutions, raised certain problems of application or constitutionality. In this paper, the author analyzes the main decisions of the Constitutional Court of Romania and of the High Court of Cassation and Justice, with effect on the admissibility of the appeal, as a manifestation of the system of guarantees provided by the principle of the fundamental right to defend oneself, in terms of their effects and the reasons of these decisions.

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