High Court of Cassation and Justice
PRESS RELEASE
In its session of 16 January 2023, the High Court of Cassation and Justice- Panel for the Clarification of Certain Points of Law in Civil Matters, lawfully established in each of the cases, considered two requests for a preliminary ruling for the clarification of certain points of law, and returned the following Judgments:
Judgment 1 in Case 2149/1/2022
The Panel sustains the request brought by the High Court of Cassation and Justice – First Civil Chamber, in Case no. 5.637/105/2019, and, as a result, establishes that:
In interpreting and applying the provisions of Article 539 of the Code of Criminal Procedure, in view of the effects of the Decision No 136 of 3 March 2021 of the Constitutional Court, in the event of deprivation of liberty during a criminal trial concluded by a final acquittal, without the illegality of the deprivation of liberty having been established in accordance with the Decision of the High Court of Cassation and Justice – the Panel for Appeal in the Interest of the Law No 15 of 18 September 2017, the acquittal, according to Article 16 para. (1) lit. a)-d) of the Code of Criminal Procedure, is sufficient in itself for the award of compensation to the person deprived of liberty and subsequently acquitted.
In this context, the “unjust/unlawful nature of the deprivation of liberty measures” and the “unreasonableness of the criminal charge” constitute autonomous criteria which entitle the person concerned to compensation and extend the scope of the provisions of Article 539 of the Code of Criminal Procedure.
Mandatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public hearing, today, 16 January 2023.
Judgment 2 in Case 1971/1/2022
The Panel sustains the request brought by the Tribunal of Bucharest – V Civil Chamber, by judgement of 12 June 2022, in Case no. 19.409/299/2022, and in interpreting the provisions of Article 24 para. (1)-(3) and (4) of the Administrative Litigation Law no. 554/2004, as subsequently amended, establishes that:
The provisions of Article 24 para. (1)-(3) of Law No 554/2004, as subsequently amended and supplemented, must be interpreted as meaning that the procedure for the enforcement of a final judgment of an administrative court is applicable even where the obligation laid down in that judgment is the adoption of a unilateral administrative act of an individual nature.
The provisions of Article 24 para. (3) and (4) of Law No 554/2004 must be interpreted as meaning that the procedure for fixing the final amount due to the creditor by way of penalties is applicable even where, in the enforceable title, the court has established penalties applicable to the party obliged, for each day of delay, pursuant to Article 18 para. (5) of Law 554/2004.
Mandatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public hearing, today, 16 January 2023.
After the justification is written and the Judgment signed it shall be published in the Official Journal of Romania, Part I.