ro fr
universul juridic magazin

Procedural means established for the purpose of unification of courts’ practices in light of provisions under the new code of civil procedure

Inconsistent practice of courts is a reality inherent to any legal system, mainly arising from deficiencies or ambiguity of relevant writs. However, the phenomenon should be restricted as much as possible, firstly, to ensure the quality of the legal act for its recipient.

Unification of the judiciary is, on the one hand, a national challenge and, on the other hand, a mandatory requirement of the European institutions addressed to the Romanian Government.

Enforcement of the new Code of Civil Procedure improves the current method (currently the exclusive one) of rebutement against inconsistent case-law, namely "The appeal in the interests of the law" and introduces a new procedural tool, which stands for a necessary and useful assistance in view of the unification effort, respectively "Referral to the High Court of Cassation and Justice for a preliminary ruling on unraveling issues of law".

We shall be following up to what extent the practical effectiveness of such regulations is to be proven.