Jurisdiction – Panels for Clarification of Legal aspects
In the civil law area
According to Law no. 304 of 2004 on Judicial Organization, as republished and as subsequently amended and supplemented, Panels for Clarification of Legal aspects settle requests filed for the return of preliminary judgments clarifying specific legal aspects.
According to the stipulations of Article 519 of the Civil Procedure Code, the High Court of Cassation and Justice can be requested to render a preliminary judgment only by a panel from the High Court of Cassation and Justice, of a Court of Appeals or a Tribunal vested with the settlement of the case in last instance.
In respect of such request, the Supreme Court only rules on the legal matter subject to clarification.
The clarification of legal aspects is binding for the court having requested such clarification as of the date the judgment was returned, and for other courts as of the date the judgment is published in Part I of the Official Gazette of Romania.
Applicable law:
- Article 97 of the Civil Procedure Code,
- Articles 519 – 521 of the Civil Procedure Code.
Guide and forms for requesting the High Court of Cassation and Justice to return preliminary judgments for clarification of legal aspects:
- Guide for Preparing a Preliminary Request,
- Sample Letter for Filing a Preliminary Request,
- Court Resolution Sample for Forwarding a Preliminary Request.
In the criminal area
According to Law no. 304 of 2004 on Judicial Organization, as republished and subsequently amended and supplemented, Panels for Clarification of Legal aspects settle requests filed for the return of preliminary judgments clarifying specific legal aspects.
According to the stipulations of Article 475 of the Criminal Procedure Code, the High Court of Cassation and Justice can be requested to render a preliminary judgment only by a panel from the High Court of Cassation and Justice, a Court of Appeals or a Tribunal vested with the settlement of the case in last instance.
In respect of such notification, the Supreme Court only rules on the legal matter subject to clarification.
The clarification of legal aspects is binding for courts as of the date the judgment is published in Part I of the Official Gazette of Romania.
Applicable law:
Guide for requesting the High Court of Cassation and Justice to return preliminary judgments for clarification of legal aspects.