THE LEGAL REGIME OF THE DECISIONS PRONOUNCED IN THE APPEAL IN THE INTEREST OF THE LAW AND THEIR ROLE AS SOURCE OF LAW - CASE STUDIES

Abstract

Currently, in the Romanian legal system, the judge interprets and adapts the law to the concrete realities, remedies the normative gaps and discovers remedies that can inspire the legislator. In this regard, the role of the judicial precedent materialised in the decisions of the High Court of Cassation and Justice, pronounced in the appeal in the interest of the law, must be emphasised, because these decisions create general rules for interpreting and applying legal provisions that generate non-unitary practices. The legal doctrine is unanimous in considering that the decisions pronounced in the appeal in the interest of the law are sources of law. Of course, there are also differences of opinion in this respect, but insignificant, in the sense that they are considered by some authors as main sources, and by other authors as secondary sources of law, as long as the character of source of law is recognized.

Keywords

• judicial precedent
• appeal in the interest of the law
• source of law
• high court of cassation and justice
• judge
• law