Complet de divergenţă. Limitele judecăţii în complet de divergenţă

Uneven number panel. Limits of judgment in the uneven number panel

Abstract

When the uneven number of judges occurred in the deliberative process regarding the appeal, as the unanimity requirement has not been met in relation to one of the grounds for appeal, the panel of judges, finding that uneven number of judges, should reason the dissenting opinions in the court ruling, before resuming the debates over the uneven number of judges, and the case has been reinstated for debates. The lack of exhaustive reasoning of dissenting opinions in the court ruling cannot entail the sanction of nullity thereof and of the decision delivered in the appeal, if the parties had the opportunity to resume the debates regarding the entire appeal proceedings, since the resuming of the debates in a uneven number of judges aims, in this case, at the entire case, as neither the continuation of the judgment is possible by the panel having judged...