Press release – Panel for the Clarification of Certain Points of Law in Civil Matters in its session of 14 March 2022

High Court of Review and Justice 


During the hearing of 14 March 2022, the Panel for the Clarification of Law Matters in the Civil Law Area of the High Court of Review and Justice, legally established in the case, settled a referral for a preliminary ruling for the clarification of law matters, and rendered the following judgment:


Judgment no. 15 in case no. 2990/1/2021

The Panel admits a referral filed by the High Court of Review and Justice – Chamber for Administrative and Tax Litigation, through a Ruling of 24 November 2021, rendered in case no. 391/39/2021, for a preliminary ruling and, as a result, establishes that:

The provisions of Art. II of Government Emergency Ordinance no. 77/2018 supplementing Art. 67 of Law no. 317/2004 on the Superior Council of Magistracy are not of nature to confer the Government a direct prerogative to make appointments in such positions and to give rise to legitimate doubts in respect of the use of prerogatives and functions of the Judicial Inspection as an instrument of pressure on the work of judges and prosecutors or of political control on such activities.

Mandatory, as per the provisions of Art. 521 para. (3) of the Civil Procedure Code.

Rendered in public hearing today, 14 March 2022.

After the considerations are drafted, and the judgment is signed, it will be published in Part I of the Official Journal of Romania.

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