JURISPRUDENȚA – PRACTICĂ NEUNITARĂ A ART. 24 DIN LEGEA NR. 554/2004 A CONTENCIOSULUI ADMINISTRATIV
Jurisprudence - Non-Unitarian Jurisprudence of Article 24 of Law no. 554/2004 The Administrative Contentious

Author(s): Anca-Verginica Aldescu
Subject(s): Civil Law
Published by: Universul Juridic
Keywords: Art. 24 of Law no. 554/2004; non-unitary practice; the interpretation of the HCCJ; exception of unconstitutionality;
Summary/Abstract: The unitary judicial practice of the courts ensures the respect of the principle of the power of trial, but also the realization of a single interpretation to be applied to all the litigants.Instead, the contradiction between final judgments given in similar cases in respect of other parties in the same situation and the jurisprudence uncertainty is likely to reduce the confidence of the litigants in legal proceedings and is contrary to the principle of legal certainty as an essential element of the preeminence of the law.One of the legal texts that gave rise to many interpretations, reaching the use of legal instruments to provide a single case-law opinion, is art. 24 of Law no. 554/2004.This legal text continues to give rise to a non-unitary judicial practice, even though it has been the subject of both the High Court of Cassation and Justice for the purpose of ruling on issues of law, but also of the Constitutional Court . The most impressive issues raised by this text are summarized in this article.

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