The standardization of judicial practice and harmonization with the echr, imperative of justice: legislative proposals for ensuring uniform judicial practice

• Author: Mihai Adrian Hotca, Dan Lupascu - Mircea Damaschin, Beatrice Onica-Jarka
• Pages: 293-294

Mihai Adrian Hotca • Dan Lupascu • Mircea Damaschin • Beatrice Onica-Jarka

293

LESIJ NR. XVIII, VOL. 2/2011

THE STANDARDIZATION OF JUDICIAL PRACTICE AND

HARMONIZATION WITH THE ECHR, IMPERATIVE OF JUSTICE:

LEGISLATIVE PROPOSALS FOR ENSURING UNIFORM JUDICIAL

PRACTICE

Mihai Adrian HOTCA, Dan LUPAŞCU,

Mircea DAMASCHIN, Beatrice Onica-JARKA

The book entitled „The Standardization of Judicial Practice and Harmonization with the

ECHR, Imperative of Justice: Legislative Proposals for Ensuring Uniform Judicial Practice”

represents the final result of the research activity developed during the implementation of the

Project no. PNI-IDEI/2009, cod CNCSIS ID 1094, supported by CNCSIS-UEFISCU.

The authors structured the information in two volumes. First of these volumes is entitled The

Role of the Jurisprudence in Judicial System and it contains studies elaborated by all the research

team members concerning the main aspects of the investigated domain. As main issues we can

indicate: the role of the jurisprudence in common law system and the role of the jurisprudence in

Roman-Germanic law systems. In the same volume is included a study focused on the appeal in

the interest of the law, as a mechanism to ensure the standardization of the jurisprudence.

Regarding the juridical nature of this instrument, the authors observe the controversial approach in

the Criminal law doctrine. In one opinion, the appeal in the interest of the law is an exceptional

remedy in the court. The other opinion, accepted by the researchers in the project, considers that

the appeal in the interest of the law represents only a procedural instrument to unify the

jurisprudence.

The first volume of this book has, also, a European dimension as it points the issue of the

European courts jurisprudence influence over the national courts decisions. The same importance

is awarded to The European Union Court of Justice and to the European Court of Human Rights,

and the authors underlines correctly the particularities or each mechanism to influence the

Romanian courts activity. The European Union Court of Justice has a very powerful instrument to

influence the national jurisprudence and to give it a common line in order to respect the European

treaties – the decisions regarding the prejudicial questions addressed by the Member States which

accepted the courts jurisdiction. According to the article 267 from The Treaty on the Functioning

of the European Union, The European Union Court of Justice has jurisdiction to give preliminary

rulings concerning: (a) the interpretation of the Treaties; (b) the validity and interpretation of acts

of the institutions, bodies, offices or agencies of the Union. Where such a question is raised before

any court or tribunal of a Member State, that court or tribunal may, if it considers that a decision

on the question is necessary to enable it to give judgment, request the Court to give a ruling

thereon. According to the paragraph 3 of the same Treaty, where any such question is raised in a

case pending before a court or tribunal of a Member State against whose decisions there is no

judicial remedy under national law, that court or tribunal shall bring the matter before the Court. In