Implications of the recourses in the interests of law on the provisions of law no. 554/2004

Author:Claudia Marta Cliza
Position:Associate Professor PhD, Faculty of Law, 'Nicolae Titulescu' University of Bucharest (e-mail: cliza_claudia@yahoo.ro).
Pages:110-119
LESIJ NO. XXIII, VOL. 2/2016
IMPLICATIONS OF THE RECOURSES IN THE INTERESTS OF
LAW ON THE PROVISIONS OF LAW NO. 554/2004
Claudia Marta CLIZA*
Abstract
Law no. 554 was adopted in 2004 and amended in 2007. In the meantime a nd during a ll this
period, the Supreme Court adopted a lot of r ecourses for the interest of law a nd these decisions
modified the law in a deeply manner. This study is dedicated to these recourses and th e way they
affected the law.
Keywords: Law no. 554/2004, recourses for the interests of la w, modifications, first degr ee,
recourses.
1. Introduction
This study aims the default
modifications that not the lawmaker, but
paradoxically, the judge, has brought to Law
no. 554/2004. It should be noted that the
decisions to be contemplated by the analysis
of this study are recent and fall under the
scope of the actual tendency of the High
Court of Cassation and Justice to come up
with exp lanations on any matter it is
requested a settlement of matters of law.
The institution of the High Court of
Cassation and Justice referral in order to rule
a prior resolution for the settlement of
certain matters of law is new
1
, and together
with the recourse in the interests of the law,
the institution aims to provide an uniform
legal practice and both civil procedural
institutions are extremely welcome in the
Romanian legal frame, in order to establish
case law patterns which provide the person
* Associate Professor PhD, Faculty of Law, “Nicolaeă Titulescu”ă Universityă ofă Bucharestă (e-mail:
cliza_claudia@yahoo.ro).
1
The institution of the settlement of matters of law was introduced by means of the New Code of Civil Procedure,
respectively articles 519 521.
2
Elena Emilia Stefan, Drept administrativ. Partea I (Universul Juridic Publishing House, Bucharest, 2014), p. 8.
subject to the law a greater confidence in the
act of justice.
The number of litigation s caused by
the local government is currently large
among civil litigations. This is so mething
normal if we take into account the fact that
within the administrative law, understood as
a branch of public law, the term of local
government holds the central position and it
is natural to be so. As shown in the doctrine,
the administration is the most complex
activity of the state; it is ever-present within
theăsociety,ătheăpeople’sălifeăandăthisăisăwhyă
there is the constant concer n of decision
makers to make from the local government a
force in the interests of the people
2
.
Therefore, the material law essentially
correlates with the procedural law in the
settlement of the administrative litigations.
Practically, the aforementioned civil
institutions outline the possibility of the
High Co urt of Cassation a nd Justice to
„clear”ătheă obscurityăofă theălaw,ă soăthată theă
courts of law do not rule non-uniform

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