The recourse in the interest of the law is regulated by the provisions of the Civil Procedure Code, in art. 514-518.
According to art. 514, in order to ensure the consistent interpretation and application of the law by all courts, the General Prosecutor of the High Court of Cassation and Justice, of its own motion or at the request of the Minister of Justice, the College Board of the High Court of Cassation and Justice, the leading boards of the courts of appeal, as well as the Ombudsman have the obligation to ask the High Court of Cassation and Justice to rule on the legal issues that have been resolved differently by the courts.
The recourse in the interest of the law will not be upheld unless it can be proven that the legal issues which are the subject of judgment were resolved differently through different court decisions, which will be attached to the application.
A recourse in the interest of the law will be judged by a panel that is composed of the president of the High Court of Cassation and Justice - or the vice-president during the absence of the first – the division presidents of the High Court of Cassation and Justice, along with 20 judges.
After the composition of the panel, the president, namely the President of the High Court of Cassation and Justice or one of its vice-presidents, appoint three judges from the members of the panel who will own the task to prepare a report on the recourse in the interest of the law.
The drafted report must contain all the different solutions thatwere given to the legal problem, as well as the arguments underlying it, the jurisprudence of the Constitutional Court, of the European Court of Human Rights or of the Court of Justice of the European Union, where appropriate, as well as the doctrine in the field and, when requested to do so, the written opinion of recognized specialists who were consulted in this regard.
The panel of the High Court of Cassation and Justice will pronounce a decision regarding the recourse in the interest of the law.
The decision of the High Court of Cassation and Justice is pronounced only in the interest of the law, without having any effect on the judgments that were examined or the situation of the parties in the lawsuits.
The recourse in the interest of the law shall be settled within 3 months from the date on which the court was notified, afterwhich this decision is motivated within 30 days of its pronouncement and published in the Official Gazette of Romania, Part I, within 15 days of the motivation.
The settlement which was given regarding the legal issues is mandatory for the Courts starting from the publication of the decision in the Official Gazette.
The decision pronounced on the recourse in the interest of the law shall cease to apply on the date of the amendment, the rescission or the prenouncement as unconstitutional of the legal provision which was the subject of interpretation.
The lawyers within the law firm Darie, Manea & associates hold a vast experience in numerous areas of law, including civil law and civil procedure law. The priority of our team is represented by meeting the needs of our customers, and the achievement of this goal is guaranteed by offering optimal solutions depending on the particularities of each case, complete and updated information, as well as representation before the competent authorities, when appropriate. Do not hesitate to contact us for more details on the recourse in the interest of the law.