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The Contest Among The Decisions Of The Romanian Constitutional Court And The Decisions Of The Romanian High Court Of Cassation And Justice In The Recourse In The Interest Of Law

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  • LUCIAN CHIRIAC

    (Associate professor PhD., “Petru Maior” University of Tîrgu-Mureº, Faculty of Economics, Law and Administrative Sciences, ROMANIA.)

Abstract

This study raises a really important matter for the real functioning of the Romanian rule of law. Which of these two institutions - the Constitutional Court or the High Court of Cassation and Justice is called upon to solve a problem of law and the solution of which one can be applied in the practice of the courts? The study is based on a specific case, the legal conflict that arose from the uneven application of the constitutional provisions, and not only but also from the poor drafting of the Romanian Constitution in what concerns the limitation of competences regarding certain fundamental institutions for the existence of the rule of law.

Suggested Citation

  • Lucian Chiriac, 2011. "The Contest Among The Decisions Of The Romanian Constitutional Court And The Decisions Of The Romanian High Court Of Cassation And Justice In The Recourse In The Interest Of Law," Curentul Juridic, The Juridical Current, Le Courant Juridique, Petru Maior University, Faculty of Economics Law and Administrative Sciences and Pro Iure Foundation, vol. 45, pages 13-18, June.
  • Handle: RePEc:pmu:cjurid:v:45:y:2011:p:13-18
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    File URL: http://www.upm.ro/facultati_departamente/ea/RePEc/curentul_juridic/rcj11/recjurid112_1F.pdf
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    Cited by:

    1. Daniela Cristina VALEA, 2012. "The First Attempts Of Establishing A Judicial Review Of Constitutionality – The Case Of Great Britain," Curentul Juridic, The Juridical Current, Le Courant Juridique, Petru Maior University, Faculty of Economics Law and Administrative Sciences and Pro Iure Foundation, vol. 50, pages 52-56, December.

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