Can the Lacunary Provisions be Covered by a Preliminary Judgement of the High Court of Cassation and Justice?
Can the Lacunary Provisions be Covered by a Preliminary Judgement of the High Court of Cassation and Justice?

Author(s): Iulia Boghirnea
Subject(s): Constitutional Law, Criminal Law
Published by: Scientia Moralitas Research Institute
Keywords: preliminary ruling; High Court of Cassation and Justice; legislative gap;
Summary/Abstract: This study analyzes the possibility, mentioned in the Decision of the High Court of Cassation and Justice no. 77/November 2021 - the Panel for solving some legal issues, in which the supreme court suggests that it could be referred by the judges, entrusted with the solution of the case in the last instance, with a question of law, so as to “facilitate” for them “the elimination of some gaps in the legal texts, the clarification of which is requested, in order to ensure adequate and unified jurisdictional resolutions”. In our opinion, if it were to rule in this situation, the supreme court would add to the law by creating a rule of law, and the preliminary ruling, being binding for all courts, by law, would become a true judicial precedent.

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