REVIEW OF IRRECONCILABLE DECISIONS

This article proposes a theoretical and practical approach of the review case which refers to the hypothesis in which two final decisions cannot be reconciled. The author is making an analysis even by the reference to two specific practical situations in which two courts of appeal have given radic...

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Bibliographic Details
Main Author: Bogdan MICU
Format: Article
Language:English
Published: Nicolae Titulescu University Publishing House 2019-05-01
Series:Challenges of the Knowledge Society
Subjects:
Online Access:http://cks.univnt.ro/download/cks_2019_articles%252F1_criminal_law%252FCKS_2019_criminal_law_018.pdf
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Summary:This article proposes a theoretical and practical approach of the review case which refers to the hypothesis in which two final decisions cannot be reconciled. The author is making an analysis even by the reference to two specific practical situations in which two courts of appeal have given radical solutions in two cases which were ruled in an erroneous manner by the merits court. In the given situations, the two panels of appeal invalidated each other’s reasoning through their rulings. By reference to these hypotheses, which were not generalized so that a ruling by means of a second appeal in the interest of the law could be opportune, the author proposes an extension of the invoked review case also with respect thereto.
ISSN:2068-7796