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

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