DISCUSSIONS REGARDING THE CAUSES OF THE NON-UNITARY LEGAL PRACTICE IN ROMANIA
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Authors:
• Mihai Adrian HOTCA, email: mihaihotca@gmail.com, Afiliation: Faculty of Law, “Nicolae Titulescu” University, Bucharest -
Keywords: non- unitary legal practice, uniformization of the legal practice, jurisprudence, legal flaw, access to jurisprudence, overload of the judges
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Abstract:
One of the most frequently invoked reasons for the lack of unity of the legal practice is the imperfection of the laws. Indeed, in the legislation in Romania, it is found that the laws are very often unclear, incomplete and use an incorrect language. The Romanian legislator may also be reproached that the modifications of the legislature are very frequent and substantial which leads in many domains such as the tax laws, to an almost objective impossibility of knowing all the legal norms necessary in order to offer court solutions according to the laws. Among the causes of the non- unitary legal practice, it is, besides the above- mentioned causes, the appropriate unpreparedness of the judges and corruption. While trying to make an almost complete review of the circumstances that lead to the inconsistency of the legal practice, besides the above- mentioned ones, we believe that it should be included also: the lack of effective instruments that would assure the unity of the legal practice, overload of the judges, lack of access in real time to the resolutions of other judges, imperfections regarding the legal organization, lack of some permanent programs of continuous training of the judges