Can the Lacunary Provisions be Covered by a Preliminary Judgement of the High Court of Cassation and Justice?

Iulia Boghirnea ()
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Iulia Boghirnea: University of Pitești, Pitești, Romania

RAIS Conference Proceedings 2022-2024 from Research Association for Interdisciplinary Studies

Abstract: This study analyzes the possibility, mentioned in the Decision of the High Court of Cassation and Justice no. 77/November 2021 - the Panel for solving some legal issues, in which the supreme court suggests that it could be referred by the judges, entrusted with the solution of the case in the last instance, with a question of law, so as to “facilitate†for them “the elimination of some gaps in the legal texts, the clarification of which is requested, in order to ensure adequate and unified jurisdictional resolutions†. In our opinion, if it were to rule in this situation, the supreme court would add to the law by creating a rule of law, and the preliminary ruling, being binding for all courts, by law, would become a true judicial precedent.

Keywords: preliminary ruling; High Court of Cassation and Justice; legislative gap; judicial precedent; the unconstitutionality of the HCCJ Decision (search for similar items in EconPapers)
Pages: 5 pages
Date: 2022-10
New Economics Papers: this item is included in nep-mfd
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Published in Proceedings of the 30th International RAIS Conference on Social Sciences and Humanities, October 23-24, 2022, pages 98-102

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Persistent link: https://EconPapers.repec.org/RePEc:smo:raiswp:0236

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