Rolul Înaltei Curți de Casație și Justiție în vederea pronunțării unei hotărâri prealabile pentru dezlegarea unei chestiuni de drept
The Role of the High Court of Cassation and Justice in Rendering a Preliminary Ruling to Resolve a Question of Law

Author(s): Cornelia Vladu
Subject(s): Law, Constitution, Jurisprudence, General Reference Works, Criminal Law, Source Material
Published by: Universul Juridic
Keywords: High Court of Cassation and Justice; unraveling an issue of law; preliminary conclusion; prior decision; admissibility request; unitary practice;
Summary/Abstract: In fulfilling the constitutional role of ensuring the unitary interpretation and application of the law, the High Court of Cassation and Justice has a new mechanism, namely that of issuing a preliminary ruling for the disclosure of some questions of law, together with the other mechanism available to the supreme court and namely the appeal in the interest of the law. Unlike an appeal on points of law, pursuing the same goal, namely the unification of jurisprudence, preliminary rulings do not intervene after the final resolution of cases but before resolving them, so they can not affect the criminal judgments already delivered. That we face a mechanism that does not value an appeal but is a procedural incident which solves a question of law has arisen in an ongoing process and depends on the merits unraveling.

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