Considerații privind unele efecte generate de divergențele jurisprudențiale apărute între Curtea Constituțională și Înalta Curte de Casație și Justiție din perspectiva comunicării dreptului.
Considerations Regarding some Effects Generated by the Jurisprudential Divergences Between the Constitutional Court and the High Court of Cassation and Justice from the Perspective of the Communication of Law

Author(s): Claudiu Ramon Butculescu, Cosmin Crețu
Subject(s): Politics / Political Sciences, Politics, Law, Constitution, Jurisprudence, Constitutional Law, Civil Law, Penal Policy
Published by: Universul Juridic
Keywords: jurisprudence; legal communication; civil law; penal law; legal theory;
Summary/Abstract: This paper tries to briefly address some of the legal effects deriving from communication of law generated by the jurisprudence of the High Court of Cassation and Justice of Romania and the Constitutional Court of Romania. During the recent years, certain legal interpretation divergencies were notices between the jurisprudence of the Courts. In both civil and penal matters brought before these Courts, their jurisprudence comprised sometimes contradicting solutions in similar cases. In addition to the introductory aspects that will be presented in this paper, regarding the communication of law and the role of jurisprudence as a possible source of law, we will also describe some concrete situations dealing with the divergence of opinion from judicial practice of the above mentioned Courts

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