Înalta Curte de Casaţie şi Justiţie – Rolul Completului pentru dezlegarea unor chestiuni de drept în materie civilă în unificarea practicii judiciare
High Court of Cassation and Justice - the Role of the Panel for Resolving Legal Issues in Civil Matters in the Unification of Judicial Practice

Author(s): Cristina Elena Popa Tache
Subject(s): Civil Law
Published by: Universul Juridic
Keywords: practical judicial unification; questions of law; rule of law;
Summary/Abstract: The rule of law and the stability of the judicial practice depend on the regulation of the whole normative set, on the avoidance of parallelisms or of the additional conjunctural regulations that we have witnessed in the last years. Given that, in most cases, the conditions of admissibility are not met at the same time for the issuance of a preliminary ruling by the Compliance for the disclosure of questions of law, in civil matters, it is necessary to consolidate an additional complementary mechanism, the Pre-decision mechanism establishes a real judicial dialogue between the supreme court, the other courts and the SCM, aimed at preventing the occurrence of divergent interpretations. Indeed, the non-unitary judicial practice has as main source the existence of an overly dense set of normative acts that is constantly changing, but, on this background and based on the dialogue function of the mechanism established by the Completion for solving some legal issues, the role of the SCM in the process of unifying the judicial practice should be strengthened

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