THE PART OF JURISPRUDENCE WITHIN THE ROMANIAN LEGAL SYSTEM
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Authors:
• Dan LUPAŞCU, email: danlupascu@csm1909.ro, Afiliation: Judge, Associate professor, Law Faculty, „Nicolae Titulescu” University, Bucharest
• Mihai Adrian HOTCA, email: mihaihotca@gmail.com, Afiliation: Associate professor, Ph.D., Dean of the Law Faculty, „Nicolae Titulescu” University, Bucharest -
Keywords: jurisprudence, uniformisation of legal practice, recourse in the interest of law, law source, Constitutional Court, High Court of Cassation and Justice, jurisprudenţă, uniformizarea practicii judiciare, recurs în interesul legii, izvor de drept, hotăr
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Abstract:
The part of jurisprudence within the Romanian legal system is unquestionable, but there is not a cohere conception either from the legislative point of view or from the institutional one that should shape precisely the position that the case law has the in the context of the law sources. Examining the relevant regulations in the field, we’ve reached the conclusion that certain court orders constitute law sources because they have all the particularities of the regulations. On the other hand, we consider that the purpose of jurisprudence within the Romanian legal system should be more pronounced, at least with regard to the uniformisation of the legal practice.