The notion of fair trial. Authority of res judicata and power of res judicata, distinct concepts. Compliance with the positive effect of res judicata. Excessive power

JURISPRUDENȚĂ COMENTATĂ ȘI ADNOTATĂ

Abstract

The positive effect of res judicata is required in a second trial which does not have triple identity with the first, but which is related to the issue previously resolved, without the possibility of being contradicted. The power of res judicata, in the form of a presumption, is intended to ensure, out of the need for legal order and stability, the avoidance of contradictions between the considerations of judicial decisions.

In view of the finding in a previous decision of an excess of powers and an unjustified refusal, by delaying the procedure, to adopt a decision on the validation or invalidation of the plaintiffs, all the more so since that excess of powers must be held to exist in January 2020, when the contested decisions were issued.