Stay of Proceedings – Selected Case-law of the High Court of Cassation and Justice

MECANISME DE UNIFICARE A PRACTICII JUDICIARE

Abstract

The stay of proceedings is perhaps the most common procedural incident in judicial practice. Apparently insignificant, pale in importance in relation to the key institutions of civil procedural law, this procedural incident sometimes turns out to be the "small stump that overturns the big cart". A brief look at the recent case law of the Supreme Court in the matter of stay of proceedings will, however, hopefully provide enlightening answers to legal practitioners on various aspects such as: the conditions under which the normal course of the proceedings may be suspended, the legal remedies in this matter, the effects of suspension in the general context of civil proceedings etc.

Keywords: procedural issue, stay, procedural sanction, expiration, appeal, means of challenge, ruling, appeal in the interest of the law, preliminary referral