A Need for Change: The Romanian Supreme Court's Approach to 'Appeals in the Interest of Law'

A Need for Change: The Romanian Supreme Court's Approach to 'Appeals in the Interest of Law' DOI: 10.1163/157303510X12650378240395 © Koninklijke Brill NV, Leiden, 2010 Review of Central and East European Law 35 (2010) 293-305 A Need for Change: The Romanian Supreme Court’s Approach to ‘Appeals in the Interest of Law’ 1 Norel Neagu Abstract This article deals with the possibility of changing the approach to appeals in the interest of law in Romania according to the relevant guidelines extracted from the case law of the European Court of Justice. It provides a comparative analysis of Romanian Supreme Court decisions with those of the European Court of Justice with respect to guiding principles versus a strict interpretation of written legislation. The author highlights a modern path for the Romanian !KQNP PK BKHHKS EJ HECDP KB PDA NAMQENAIAJPO KB PDA PSAJPUέNOP ?AJPQNU Keywords European Court of Justice, guiding principles, Romanian Supreme Court, strict interpretation of legislation 1. Is There a Need for a New Approach? The importance of case law in a judicial system depends, in part, on the @EɳANAJ?AO >APSAAJ ?KIIKJ H=S =J@ ?KJPEJAJP=H H=S 'J = ?KIIKJ H=S jurisdiction, a court’s rulings represent judicial precedents and are direct sources of law. The case law of a court in the continental (civil-law) space is important http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Review of Central and East European Law Brill

A Need for Change: The Romanian Supreme Court's Approach to 'Appeals in the Interest of Law'

Review of Central and East European Law, Volume 35 (3): 293 – Jan 1, 2010

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Publisher
Brill
Copyright
© 2010 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0925-9880
eISSN
1573-0352
DOI
10.1163/157303510X12650378240395
Publisher site
See Article on Publisher Site

Abstract

DOI: 10.1163/157303510X12650378240395 © Koninklijke Brill NV, Leiden, 2010 Review of Central and East European Law 35 (2010) 293-305 A Need for Change: The Romanian Supreme Court’s Approach to ‘Appeals in the Interest of Law’ 1 Norel Neagu Abstract This article deals with the possibility of changing the approach to appeals in the interest of law in Romania according to the relevant guidelines extracted from the case law of the European Court of Justice. It provides a comparative analysis of Romanian Supreme Court decisions with those of the European Court of Justice with respect to guiding principles versus a strict interpretation of written legislation. The author highlights a modern path for the Romanian !KQNP PK BKHHKS EJ HECDP KB PDA NAMQENAIAJPO KB PDA PSAJPUέNOP ?AJPQNU Keywords European Court of Justice, guiding principles, Romanian Supreme Court, strict interpretation of legislation 1. Is There a Need for a New Approach? The importance of case law in a judicial system depends, in part, on the @EɳANAJ?AO >APSAAJ ?KIIKJ H=S =J@ ?KJPEJAJP=H H=S 'J = ?KIIKJ H=S jurisdiction, a court’s rulings represent judicial precedents and are direct sources of law. The case law of a court in the continental (civil-law) space is important

Journal

Review of Central and East European LawBrill

Published: Jan 1, 2010

Keywords: ROMANIAN SUPREME COURT; STRICT INTERPRETATION OF LEGISLATION; GUIDING PRINCIPLES; EUROPEAN COURT OF JUSTICE

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