Role of the considerations in the case of solutions of rejecting as inadmissible the notifications with a view to deliver a preliminary ruling clarifying certain issues of law

DEZBATERI

Abstract

As well known, at the same time as the adoption of the new Codes of Civil Procedure and Criminal Procedure, the Romanian legislator established an additional instrument to unify the judicial practice, respectively the notification of the High Court of Cassation and Justice in order to deliver a preliminary ruling for clarifying certain issues of law. Based on the statistical data published by the High Court of Cassation and Justice, it results that, starting with 2013 and so far, in exercising its powers conferred under the provisions of Articles 519 – 521 of the Code of Civil Procedure and respectively, those of Articles 475 – 4771 of the Code of Criminal Procedure, the supreme court settled more than 500 notifications, this number being a relevant indicator of the utility and importance received by the newly established procedural instrument. If its utility is more than obvious when, by granting decisions, the High Court of Cassation and Justice, clarifying the issue with which it was seized, provides the unifying solution of the judicial practice, and, in our study, we intend in a brief overview of the case-law developed in relation to the rejection of the preliminary notifications as inadmissible, to demonstrate that in this last situation as well, the decisions delivered, based on their considerations, shall represent extremely useful instruments for the good performance of the judgment activity, providing to all parties involved in this activity, both a better understanding of the role and manner of operation of this instrument of unification of the judicial practice, and, in a lot of cases, an actual guidance regarding the manner in which certain issues of law (which, despite the fact that the supreme court does not clarify, it shall put them into question in an indirect manner) are required to be approached. 

Keywords: uniform application of law, court order, considerations, preliminary ruling, admissibility conditions, issue of law, referring court, appeal in the interest of the law