Aspecte teoretice şi de jurisprudenţă privind constituţionalitatea recursului în interesul legii

dr. MARIUS ANDREESCU*

* andreescu_marius@yahoo.com

Judecător - Curtea de Apel Piteşti

Lector univ. - Facultatea de Ştiinţe Juridice şi Administrative, Universitatea din Piteşti

ABSTRACT

The institution of appeal in the interest of law has the role of unitarily ensuring the interpretation and implementation of law by courts of law. The legal nature of this procedure is not determined only by the criminal and civil normative provisions governing it. This study argues that this institution is constitutional in nature because, under the Constitution, the High Court of Cassation and Justice has the power to ensure the unitary interpretation of law by the courts of law. There are analyzed the consequences of the constitutional nature of this institution, the limits of obligativity of the settlements of matters of law given by the High Court of Cassation and Justice by means of the decisions ruled in...