Decizii ale ÎCCJ privind noul cod de procedură civilă cu influență asupra Codului muncii
High Court of Cassation and Justice Decisions on the New Civil Procedure Code with influence on the Labor Code

Author(s): Anca-Verginica Aldescu
Subject(s): Law, Constitution, Jurisprudence, General Reference Works, Source Material, Labour and Social Security Law
Published by: Universul Juridic
Keywords: New Civil Procedure Code; Labor Code; the Decision of the HCCJ no. 2/2016; the Decision of the HCCJ no. 13/2016; the Decision of the HCCJ no. 37/2016;
Summary/Abstract: In principle, the law is defined by the normative acts that regulate it. In the configuration of the law, the role of the High Court of Cassation and Justice, but also of the Constitutional Court are specified through the legal texts. They are called upon to rule where either the provisions of the supreme law of the country are violated, or the texts of the law are liable to different interpretations, thus giving rise to different solutions of the courts applying the law. That is why the role of the two courts, one judicial and the other constitutional, is particularly important in terms of the consequences it determines. What is established by a decision of the High Court or of the Constitutional Court can be contradicted only by another decision issued by the same court, or without effect by modifying the law. Starting with 2009 - the entry into force of the New Penal Code and continuing with the entry into force of the other codes: penal procedure, civil and civil procedure, on the one hand, the legal language used in the old codes was wanted, and on the one hand putting the law in line with the innovations and changes undergone over time. But the new codes were far from perfect, some of them even needed to be republished, and the High Court and the Constitutional Court were insistently called upon to cover all the shortcomings and illegality found, so me decisions having even interdisciplinary impact, such as the Procedural Code. in conjunction with the Labor Code.

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