Este asigurarea unei practici judiciare unitare necesitate şi remediu în asigurarea unei justiţii în slujba justiţiabilului?
Ediția 128 | 27 februarie 2017
Galeriile Artmark (Palatul Cesianu-Racoviță)
București, Str. C.A. Rosetti nr. 5
Luni, 27 februarie 2017, ora 20:00
Ensuring a unified practice in the legal act in Romania is a constant obligation that falls mainly under the scope of the High Court of Cassation and Justice through the mechanism explained in the new codes of criminal and civil procedures, but also to courts of law in those cases they have been invested upon, by applying the decisions of the supreme court.
Interpretation and enforcement of law occurs by means of appeal in the interest of the law but also based on some request from High Court of Cassation and Justice with a view to emit some prior decisions aimed at settling some issues of law, two complex and complementary instruments that are leading to the decision making process of compulsory value meant to remove the ambiguities of the norms.
The courts of appeal from within the Romanian judicial system make up jurisdictions with a clear and determined role for ensuring unified practise for tribunals and courthouses from their circumscriptions, being important links in developing the judicial dialogue with the High Court.
The need for concrete measures and means of communicating among court rooms with a view to identify aspects of non unitarian practice are still challenges and concerns that come across when is needed to achieve as good as possible a transparent process and avoid any kind of dysfunctions that may arise.
The obligatory character of decisions taken by the High Court of Cassation and Justice in order to provide unified practice is also important for achieving high standards in interpreting the law, so that people who appeal to courtrooms may trust the legal act all together.
Is the ensuring of a unified judicial practise – a necessity and remedy in ensuring an act of justice in the service of the litigant?
1) Provisions of the current criminal and civil procedure codes –New tools for modernity consolidation in interpreting and applying the law. Short comparative historical approach regarding the consequences of law unification.
2) Referral to the High Court of Cassation and Justice with the purpose to give a prior decision to unraveling some matters of law – immediate impact and long-term efficiency in the process of law enforcement?
3) From a practical point of view which are the measures that the courts of appeal might have from the perspective of regulatory dispositions for improving the efficiency of the mechanism of ensuring a unified practice between those but also with the High Court of Cassation and Justice.
4) Is it necessary necessary to have more ways of knowing the effects emerging from these decisions in ensuring a unitary practice in society and which might be the measures for a more diverse approach to this process?
Guests in alphabetical order
– Lawyer. dr. Dumitru Dobrev, Partner DOBRINESCU DOBREV
– Jud. dr. Eugenia Marin, High Court of Cassation and Justice, Section of administrative and financial law
– Jud. dr. Iuliana Rîciu, High Court of Cassation and Justice
– Lawyer. dr. Cosmin Vasile, Managing Partner ZAMFIRESCU RACOȚI & PARTNERS
– Jud. dr. Rodica Aida Popa, High Court of Cassation and Justice, Criminal Section, Law Faculty from Nicolae Titulescu University