High Court of Review and Justice

PRESS RELEASE

In its session of 2 November 2020, the High Court of Review and Justice – Panel for the Clarification of Certain Points of Law in Civil Matters, lawfully established in the case, considered a request for a preliminary ruling for the clarification of certain points of law, and returned the following Judgment:    

Judgment #67 in case #1907/1/2020

Denies as inadmissible the request from the Court of Appeals Piteşti – Chamber II for Administrative and Tax Litigations, in case #4362/90/2017, for a preliminary ruling for the clarification on the following points of law:

“In the interpretation and application of Art. 12 para. (3) in Law #393/2004 on the Status of Locally Elected Officials, as amended and supplemented, is the Prefect under an obligation to see to what extent a decision to exclude a councilman from the party is final in the system of avenues of appeals stipulated by the articles of association of the political party or organization they are a member of, and to require explanatory documents for the exclusion procedure?”

Obligatory, as under Art. 521 para. (3) in the Civil Procedure Code.

Returned in public session today, the 2^nd of November 2020.

After the justification is written and the Judgment signed it shall be published in the Official Journal of Romania, Part I.

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