Recursul în casaţie. Procedura de judecare

drd. OTILIA GHENICI^*

* e-mail: gheniciotilia@yahoo.com

Avocat - Baroul Bucureşti

ABSTRACT

This study deals with aspects related to the procedure of recourse in cassation, which involves two stages: the admissibility in principle, which plays the role of a filter of recourses in cassation, and the examination of the recourse in cassation after the admission in principle.

There are presented the effects of the recourse and the solutions that can be given for its settlement, underlining their lack of correlation with the cases of recourse in cassation, where appropriate, in the light of the decisions of the High Court of Cassation and Justice.

Likewise, the decisions of the Constitutional Court and the legislative amendments operated so far concerning the trial procedure of the recourse in cassation will be considered.

Keywords: competent court; examination in principle; suspension of execution; devolutive effect; extensive effect; retrial.

1. Instanţa...