Importanța practică a interpretării corecte a legilor
The practical importance of correct interpretation of laws

Author(s): Maria-Luiza Hrestic, Vasile Ivan Ivanoff
Subject(s): Law, Constitution, Jurisprudence, Sociology of Law
Published by: Universul Juridic
Keywords: Jurisprudence; Interpretation of Laws; Dangerous Precedent; Misinterpretation of Legal Rules; Hybrid Meetings of Local Authorities;
Summary/Abstract: The importance of the correct interpretation of the laws involves correctly applying their letter and spirit, in the context of the practical relevance of the legal norm. The dissociation of interpretation methods and their unilateral application can lead to particularly serious practical consequences in the operation of public authorities empowered to carry out activities for the benefit of the citizen. Even if the competence of the correct application of the legal norms is the prerogative of the courts, they cannot deviate from the elementary rules of interpretation of normative acts, they cannot pronounce solutions that are impossible to apply in practice and that defy any elementary logic. Thus, through a Civil Judgment no. 694/14.04.2021 pronounced by the Vâlcea County Court, the Fiscal Litigation Section, there was a wrong application of articles 134, 137 and 141 of the Administrative Code, opening in the doctrine and in the daily practice of those who apply the Administrative Code, a real "Pandora's box". Thus, the idea of the possibility of conducting and deliberating local/county council meetings in the "hybrid" version, both with the physical and online presence of local/county councilors, is accredited. The analysis made by us combats this dangerous precedent, bringing into discussion both solid arguments for the interpretation of legal norms, but also judicial practice for correcting such unfortunate solutions made by some administrative litigation courts.

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