Deciziile de îndrumare ale Inaltei Curți de Casație și Justiție, între obligativitate și arbitrar
Guidance Decisions of the High Court of Cassation and Justice, between Coercivness and Arbitrary

Author(s): Mihaela Aghenitei, Luiza-Tatiana Pricop
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Human Rights and Humanitarian Law, EU-Legislation
Published by: Universul Juridic
Keywords: High Court of Cassation and Justice; non-unitary practice; compulsory decision making; unitary application; interpretation;
Summary/Abstract: The unifying role of the High Court of Cassation and Justice in Romania is realized - among other things - by solving the appeal in the interest of the law. Conceived as a procedural me ans meant to contribute to the unified interpretation and application of the law throughout the country, it strengthens the position of leader of the judicial order of the supreme court. The new procedural codes - civil and, respectively, criminal - substantially improve the regulations in this area, but in a limited and non-uniform way, as will result from the issues under debate. The lack of unity of the judicial practice is not an exclusive issue of justice in Romania, but the current dimension of this phenomenon constitutes a serious concern, a fact which is also noted in the documents of the European Commission and in judgments of the European Court of Human Rights. Non-unitary and contradictory practice generates legal insecurity and deepens distrust of justice.

• Details
• Contents