The Panel for Appeal in the Interest of the Law

 

The legal regulation of the competence of the Panel for Appeal in the Interest of the Law is provided by Article 97 point 2 and Articles 514 - Art. 518 of the Code of Civil Procedure, as well as by Article 40 para. (3) and Articles 471 - 4741 of the Code of Criminal Procedure.

In order to ensure uniform interpretation and application of the law by all courts, the Prosecutor General of the Public Prosecutor's Office attached to the High Court of Cassation and Justice, ex officio or at the request of the Minister of Justice, the Leading board of the High Court of Cassation and Justice, the Leading boards of the Courts of Appeal, as well as the People's Advocate have the duty to ask the High Court of Cassation and Justice to rule on questions of law that have been resolved differently by the courts.

An appeal in the interest of the law shall be admissible only if evidence is given that the points of law at issue have been decided differently by final judgments which shall be annexed to the application.

The decision is given only in the interest of the law and has no effect on the judgments under consideration or on the position of the parties in those proceedings.

The decision shall be published in the Official Gazette of Romania, Part I, and the resolution of the questions of law decided shall be binding from the date of publication of the decision in the Official Gazette of Romania.