Few aspects on the procedure of notification for a preliminary ruling in criminal matters in comparison with the ones for civil matters

• Author: Iulia Boghirnea
• Position: Postdoctoral scholar, 'Acad. Andrei Radulescu' Legal Research Institute of Romanian Academy
• Pages: 12-18

AGORA International Journal of Juridical Sciences, www.juridicaljournal.univagora.ro

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

No. 1 (2015), pp. 11-18

12

FEW ASPECTS ON THE PROCEDURE OF NOTIFICATION FOR A

PRELIMINARY RULING IN CRIMINAL MATTERS IN COMPARISON WITH THE

ONES FOR CIVIL MATTERS

I. Boghirnea

Iulia Boghirnea

Postdoctoral scholar, “Acad. Andrei Rădulescu” Legal Research Institute of Romanian

Academy

Lecturer PhD, Faculty of Law and Administrative Sciences, University of Pitesti

Correspondence: Iulia Boghirnea, Faculty of Law and Administrative Sciences, 71

Republicii Blvd., Pitesti, Arges County, Romania

Email: iuliaboghirnea@yahoo.com

Abstract:

The article aims to continue the scientific research of a legislative instrument for the

prevention of a divergent judicial practice, namely the procedure for notifying the High Court

of Cassation and Justice to issue a preliminary ruling for solving certain law matters, this

time performing a comparative analysis between the texts of the criminal and civil procedure

code.

Key words: Criminal Procedure Code, Civil Procedure Code, High Court of Cassation and

Justice, preliminary ruling, binding interpretation, unification of the judicial practices

Introduction

In the light of the new legislative reforms1, the authors of the codes have considered

predictable the fact that the entrance into force of new texts may generate divergences in the

interpretation of certain matters of law, reason for which was created a new procedural

mechanism, “novel” for the Romanian procedural legislation, with the role of standardizing

the interpretation of provisions and to prevent the apparition of a non-unitary practice of the

courts.

This procedure is known as the solving of certain law matters, by decisions of the

High Court of Cassation and Justice which are generally binding for the courts, in insuring the

unitary interpretation and application of the laws.

Main text

The Supreme Court, the High Court of Cassation and Justice, based on its

constitutional role stated by Art 126 Para 3 of the revised and amended2 Romanian

Constitution, has the quality of ruling to solve certain matters of law, on whose clarification

depends the solution of a pending litigation. A similar institution can also be found in France,

this is why it is considered by literature3 that the Romanian legislator has as role model the

institution for requesting a preliminary ruling from the French legislation.

1 We mention that both procedure codes, criminal and civil, have simultaneously entered into force, on 1

February 2014.

2 Aiming its competence in insuring the unitary interpretation and application of the law by the courts.

3 I Deleanu, Noul cod de procedură civilă comentat, 1st Vol., C.H. Beck Publ.-house, Bucharest, 2013,

p. 705.