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Jurisdiction – the United Chambers

According to the stipulations of Article 25 of Law no. 304 of 2004 on Judicial Organization, as republished, and as subsequently amended and supplemented, the High Court of Cassation and Justice convenes its United Chambers to:

  • settle, under the law, motions related to changes in the jurisprudence of the High Court of Cassation and Justice;
  • notify the Constitutional Court to examine the constitutionality of laws prior to enactment.

According to the stipulations of Article 26 of Law no. 304 of 2004, as republished, and as subsequently amended and supplemented, if a Chamber of the High Court of Cassation and Justice finds it necessary to reconsider its own jurisprudence, it interrupts the trial and notifies the United Chambers of the High Court of Cassation and Justice, which will  rule on the case by summoning the parties in the case the trial of which was interrupted. After the United Chambers decide upon the notification regarding the change in jurisprudence, the trial will be resumed.

Also, under Article 27 of Law no. 304 of 2004, the Supreme Court, convened in United Chambers, establishes the cases where an improvement of the law is required, and communicates those to the Minister of Justice.