Review of irreconcilable decisions

Autor: Bogdan MICU
Publicat în: Challenges of the Knowledge Society, 2019
Disponibil online: aici.
Abstract: This article proposes a theoretical and practical approach of the review case which refers to the hypothesis in which two final decisions cannot be reconciled. The author is making an analysis even by the reference to two specific practical situations in which two courts of appeal have given radical solutions in two cases which were ruled in an erroneous manner by the merits court. In the given situations, the two panels of appeal invalidated each other’s reasoning through their rulings. By reference to these hypotheses, which were not generalized so that a ruling by means of a second appeal in the interest of the law could be opportune, the author proposes an extension of the invoked review case also with respect thereto.
Keywords: review; extraordinary means of challenge; irreconcilable decisions; criminal lawsuit; final decisions.