Autor: Daniel Grădinaru
Publicat în: Revista Universul Juridic nr.8/2019.
Disponibil online: aici.
Abstract: If a judicial panel makes a referral to the High Court of Cassation and Justice for a preliminary
ruling to settle legal issues, it shall observe the admissibility requirements provided by article 475 of
the Criminal procedure code.Thus, it shall be a judicial panel of the High Court of Cassation and Justice, the courts of appeals or tribunals, entrusted with the settlement of a case as a court of last resort; the legal issue that needs to be clarified must rise a real problem of interpretation and necessary for the settlement on the merits of the respective case; the High Court of Cassation and Justice has not issued any decision in a preliminary ruling procedure or in an appeal in the interest of the law and which is not the subject of a pending appeal in the interest of the law.
Keywords: preliminary ruling; admissibility requirements; judicial panel; legal issues.
