Theoretical and jurisprudential aspects concerning the constitutionality of the court appeal on points of law

Author:Marius Andreescu
Position:Judge, Court of Appeal Pitesti; Lecturer, PhD, University of Pitesti
Pages:64-76
SUMMARY

The institution of the appeal on points of law has the role to ensure a unitary law interpretation and enforcing by the law courts. The legal nature of this procedure is determined not only by the civil and criminal normative dispositions that regulate it. In this study we bring arguments according to which this institution is of a constitutional nature, because according to the Constitution, the ... (see full summary)

 
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LESIJ NO. XXI, VOL. 1/2014
THEORETICAL AND JURISPRUDENTIAL ASPECTS
CONCERNING THE CONSTITUTIONALITY OF THE COURT
APPEAL ON POINTS OF LAW
Marius ANDREESCU*
Abstract
The institution of the ap peal on points of law ha s the role to ensure a un itary law interpr etation and
enforcing by the law courts. The legal natur e of this procedure is determined not only by the civil and
criminal nor mative dispositions that regulate it. In this study we bring a rguments according to which
this institution is of a constitutional nature, because according to the Constitution, the High Court of
Cassation and J ustice has the attribution to ensure the unita ry interpreta tion of the la w by the la w
courts. Thus are analysed the constitutiona l na ture consequences of this institution, the limits of
compulsoriness of law interpreta tions given by the Supreme Court through the decisions r uled on this
procedure, an d also the relationship between the decisions of the Constitutional Court, respectively the
decisions of the High Court of Cassation and Justice given for resolving the appeals on p oints of law.
The recent jurispr udence of the Constitutional Court reveals new aspects r egarding the possibility to
verify the constitutionality of the decisions given in this matter.
Keywords: Appeal on points of law, the compulsoriness of the law inter pretations for the law
courts, The contr ol of constitutionality of the decisions given for resolving the appeals on points of
law, Supremacy of Constitution
1. Introduction*
Such as its name is showing and such
as results from the legal dispositions in the
matter (Article 514-518 Civil Procedure
Code and Article 4 71 - 474 of the new
Criminal Procedure Code, respectively
Article 4142 -4145 in the Criminal
Procedure Code in force), the appeal on
points of law is no remedy way with effects
on the situation between the parties in the
trial, but to ensure the unitary interpretation
and application of the substantial and
procedural laws throughout the entire
country. S uch a legal institution would not
be required if all appeals shall be heard by
the High Court of Cassation and Justice. In
such a case the Supreme Court may achieve
the unitary interp retation and application of
*Judge - CourtăofăAppealăPiteşti; Lecturer, PhD - UniversityăofăPiteştiă(andreescu_marius@yahoo.com).
the law. T he normative regulations in force
however establish the competence of the law
courts and app eal courts in solving the
appeal, which creates the possibility to have
a different interp retation, even a wrong one
of the laws. Therefore the legal institution of
the appeal on points of law has the purpose
to ensure in a unitary mode across the entire
country, the observance of the will of
legislator expressed within the law spirit and
letter.
We consider that the legal nature of the
appeal on points of law arises only from the
civil and criminal procedural provisions
which consecrate it.
In compliance with the provisions of
Article 126 paragraph (3) of the Constitution
“Theă Highă Courtă ofă Cassationă andă Justice
ensures the unitary interpretation and

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