High Court of Cassation and Justice
PRESS RELEASE
In its session of 24 April 2023, the High Court of Cassation and Justice – Panel for Appeals in the interest of the Law, lawfully established in each Case, considered two appeals in the interest of the law and returned the following Judgments:
Decision No 3 in Case No 516/1/2023
Sustains the appeal in the interest of the law brought by the Governing Board of the Court of Appeal of Iaşi and consequently establishes that:
In interpreting and applying Article 9 para. (2) letter (a) and Art. 56 para. (2) of Law No 254/2013 on the enforcement of sentences and measures of deprivation of liberty ordered by judicial bodies in the course of criminal proceedings, and Art. 5 para. (2) and art. 10 para. (1) of Law No. 554/2004 on Administrative Litigation, establishes that it is for the Court of Appeal, through the Administrative Litigation Chamber or the specialized administrative litigation panels, to decide on applications for the annulment of the decision of the Director of the National Administration of Penitentiaries to determine the place of detention for the execution of the sentence or the decision to reject the request for transfer to another penitentiary.
Mandatory, according to the provisions of Art. 517 para. (4) of the Code of Civil Procedure.
Delivered in public session today, 13 November 2023.
Decision No 4 in Case No 268/1/2023
Sustains the appeal in the interest of the law brought by the Governing Board of the Court of Appeal of Galaţi and, consequently, establishes that:
In the uniform interpretation and application of the provisions of Article 129 para. (2), Art. 130 para. (2), Art. 131 para. (1), Art. 133 and Art. 136 of the Code of Civil Procedure, the material procedural jurisdiction of the court of judicial review shall be determined:
– in compliance with the specialisation of the first instance (panel/chamber), which will also apply accordingly in the appeal;
– having regard to the subject-matter and nature of the dispute, as determined by the court hearing the case, in the event of the dispute being decided at first instance by a court which does not have specialised structures (chambers/panels).
Mandatory, according to the provisions of Art. 517 para. (4) of the Code of Civil Procedure.
Delivered in public session today, 13 November 2023.
After the justification is written and the Judgment signed it shall be published in the Official Journal of Romania, Part I.