INSTRUMENTS TO ASSURE THE UNITY OF THE JUDICIAL PRACTICE IN ROMANIA

In the new Code of penal procedure and the new Code of civil procedure, it is proposed the creation of a new mechanism for the unification of the judicial practice which should contribute, along with the appeal in the interest of the law, to the creation of predictable jurisprudence and should have as effect the shortening of the process duration. It concerns: the request to settle a law issue on which the settlement of a trial depends, legal issue that was not unitarily settled in the practice of the courts; the notification of the High Court of Cassation and Justice is made ex officio or upon the request of the parties after contradictory debates and if the conditions stipulated by law are met, through a conclusion that is not subject to any appeal possibility; in order to assure the efficiency of this new mechanism, the decision of the High Court of Cassation and Justice, published in the Official Gazette, will have a binding character both for the court that formulated the application of clarification of the issue and for all the other courts.