Rolul Înaltei Curți de Casație și Justitie a României în unificarea practicii judiciare în materie civilă după intrarea în vigoare a noilor coduri
The Role of the Romanian High Court of Cassation and Justice in Unifying the Judicial Practice in Civil Matters after the Entry into Force of the New Codes

Author(s): Laura Magdalena Trocan
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: The High Court of Cassation and Justice; judicial practice; appeal in the interest of the law; releasing some questions of law; preliminary rulings; the Code of Civil Procedure;
Summary/Abstract: According to art. 126, para. 3 of the Romanian Constitution and art. 18, para. 2 of Law no. 304 of 2004 regarding the judicial organization, republished, with the subsequent amendments and completions, The High Court of Cassation and Justice is the supreme court in the hierarchy of the Romanian courts, which has the competence to ensure the uniform interpretation and application of the law by the other courts. The unification of the judicial practice has a major impact on the credibility of the justice act, the non-unitary solutions and the differently solving of the same legal problems, being able to affect the prestige and efficiency of the courts. In view of these considerations, this article aims are to analyze, in relation to the provisions of the normative acts incidental to the matter and to the content of the Activity Reports of the High Court of Cassation and Justice for the period 2012-2018, the constitutional role of the High Court of Cassation and Justice regarding the unitary interpretation and application of the law - materialized through by the decisions in the interest of the law and of the preliminary decisions for the releasing of some questions of law.

• Details
• Contents