Instruments to assure the unity of the judicial practice in Romania

Author:Mihai Adrian Hotca
Position:Professor, Ph.D. Dean of the Faculty of Law, ?Nicolae Titulescu' University, Bucharest
Pages:75-82
SUMMARY

In the new Code of penal procedure and the new Code of civil procedure, it is proposed the creation of a new mechanism for the unification of the judicial practice which should contribute, along with the appeal in the interest of the law, to the creation of predictable jurisprudence and should have as effect the shortening of the process duration. It concerns: the request to settle a law issue on ... (see full summary)

 
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Mihai Adrian Hotca
75
LESIJ NO. XVIII, VOL. 1/2011
INSTRUMENTS TO ASSURE THE UNITY OF THE JUDICIAL
PRACTICE IN ROMANIA
Mihai Adrian HOTCA
Abstract
In the new Code of penal procedure and the new Code of civil procedure, it is proposed the
creation of a new mechanism for the unification of the judicial practice which should contribute,
along with the appeal in the interest of the law, to the creation of predictable jurisprudence and
should have as effect the shortening of the process duration. It concerns: the request to settle a law
issue on which the settlement of a trial depends, legal issue that was not unitarily settled in the
practice of the courts; the notification of the High Court of Cassation and Justice is made ex
officio or upon the request of the parties after contradictory debates and if the conditions
stipulated by law are met, through a conclusion that is not subject to any appeal possibility; in
order to assure the efficiency of this new mechanism, the decision of the High Court of Cassation
and Justice, published in the Official Gazette, will have a binding character both for the court that
formulated the application of clarification of the issue and for a ll the other courts.
Key- words: non- unitary judicial practice, unification of the non- unitary judicial
practice, jurisprudence, High Court of Cassation and Justice, jurisprudence predictability.
Introduction
The present study deals with the judicial instruments meant to assure the unity of the non-
unitary judicial practice existing lege lata in the Romanian law and it also presents some
suggestions regarding the introduction of some new instruments meant to contribute to the
unification of the judicial practice and to make the act of justice in Romania more predictable.
The subject approached in the lines below is important and topical for the Romanian
judicial system because it deals with the efficiency of the mechanisms that assure the unity of the
judicial practice stipulated in the legislation in force. At the same time, in the second part of the
study, we suggest new instruments that should contribute to the reaching of the same objective –
unification of the non- unitary judicial practice.
The legislative means and measures suggested in this study are: the creation of some
specialized courts of laws and panels starting with the first jurisdictional level in Romania – courts
of law; the alteration of the legislation regarding the legislative technique; the reorganization of the
Legislative Board; the institutionalization of the Commission in order to assure the judicial
practice within the Superior Council of Magistracy; the reinforcement of the part of the People’s
Attorney in the matter of the appeal in the interest of the law.
In the specialty literature, it was approached another similar subject that would examine the
legal instruments through which it can be assured the unity of the jurisdictional solutions from
more perspectives – legislative, judicial and social.
In our intercession, we started from the idea that the existence of the status of Rechtsstaat
assumes that the judicial courts should unitarily enforce the law for all the „consumers of the act of
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Professor, Ph.D. Dean of the Faculty of Law, „Nicolae Titulescu” University, Bucharest (e-mail:
mihaihotca@gmail.com). This study was supported by CNCSIS –UEFISCSU, project number PNII – IDEI
860/2009- cod CNCSIS ID-1094.

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