Autor: Liana IACOB
Publicat în: Revista Universul Juridic nr. 5/2015
Disponibil online: aici.
Titlul lucrării în engleză: The cassation appeal procedure: discriminatory provisions for the plaintiff claiming damages and for the responsible plaintiff party
Abstract: The author analyses the supposed compliance of the cassation appeal procedure provisions regarding the plaintiff claiming damages and the responsible plaintiff party with conventional and constitutional requirements.
The author comments on the joined cases of Sejdić and Finci v. Bosnia and Herzegovina and on the European Court of Human Rights interpretation of Protocol No. 12 to the Convention for the Protection of Human Rights and Fundamental Freedoms, considering the general interdiction against discrimination, art. 16 („Equality of rights”) from Romania’s Constitution, and several provisions of Romanian Penal Procedure Code relating to cassation appeal.
Concluding, the author expresses the opinion according to which the Romanian law does not guarantee the indiscriminate right of appeal for the plaintiff claiming damages and for the responsible plaintiff party.
Keywords: discrimination; interdiction against discrimination; plaintiff claiming damages; responsible plaintiff party; cassation appeal; appeal; the joined cases of Sejdić and Finci v. Bosnia and Herzegovina; the European Court of Human Rights; Protocol No. 12 to the Convention for the Protection of Human Rights and Fundamental Freedoms.
