Considerations regarding the first preliminary ruling of the High Court of Cassation and Justice

• Author: Aurelia Cotutiu - Georgeta Valeria Sabau
• Position: Faculty of Law, 'Vasile Goldis' Western University, Arad, Romania - Faculty of Law, 'Vasile Goldis' Western University, Arad, Romania
• Pages: 21-28

AGORA International Journal of Juridical Sciences, www.juridicalj ournal.univagora.ro

ISSN 1843-570X, E-ISSN 2067-7677

No. 2 (2014), pp. 21-28

21

CONSIDERATIONS REGARDING THE FIRST PRELIMINARY RULING OF THE

HIGH COURT OF CASSATION AND JUSTICE

A. Cotuiu, G.V.Sabu

Aurelia Cotutiu

Faculty of Law

" Vasile Goldi" Western University, Arad, Romania

* Correspondesnce: Aurelia Cotuiu, "Vasile Goldi" Western University, B.dl. Revoluiei nr.

94, Arad, Romania

E-mail: aureliacotutiu@yahoo.com

Georgeta Valeria Sabu

Faculty of Law

" Vasile Goldi" Western University, Arad, Romania

* Correspondesnce: Georgeta Valeria Sabu, "Vasile Goldi" Western University, B.dl.

Revoluiei nr. 94, Arad, Romania

E-mail: georgetasabau@yahoo.com

Abstract

Our intention is to observe the way activity was organized for the solution of legal

matters by means of the preliminary ruling of the High Court of Cassation and Justice, to

analyze the first notification and the first decision of the special panel in civil matters, and

subsequently lay down proposals for the accountability of those involved in the new

procedural “mechanism”, already in use.

Key words: preliminary ruling, first decision, civil matters, High Court of

Cassation and Justice, indicator for the evaluation of judges’ professional performance

Introduction

The homepage of the High Court of Cassation and Justice (HCCJ) introduced the

Panel for the solution of legal matters and its interface contains information about jurisdiction,

a guide and forms, in civil and criminal matters, i n a synthetic and enlightening wording. As a

work tool, an array of notifications by years was drawn up, with information regarding the

case files and hearing sessions and the full text of the notification ruling as well as of the

decision given by the Panel for the solution of legal matters, which, for reasons of brevity, we

will call the Panel for preliminary ruling.

The first notification regards the matter of immovable forced execution, it dates from

the 5

th

of June 2013, belongs to a panel of the Court of Appeal of Braov and tends to solve

the manner of interpreting and enforcing the provisions of Art. 650 and 651 in relation to Art.

818 and 819 of the New Civil Procedure Code (NCPC), respectively to determine the

executing court having the territorial jurisdiction to judge the request for approval of the

immovable forced execution when the immovable property pursued is located within the

jurisdiction of a law court and the office of the legal executor notified in order to conduct the

forced execution is within the jurisdiction of another law court, but both courts are within the

jurisdiction of the same court of appeal.