Ponderea normelor privind competența jurisdicțională în procesul civil prin prisma noilor temeiuri de recurs și a împuternicirilor instanțelor superioare [Articol]

Abstract

With the adoption of the new Law on the Supreme Court of Justice No. 64/2023, the related regulatory framework was also substantially amended by Law No. 246/2023. In particular, this concerns the new grounds for appeal, which are nearly identical in the general procedure (Art. 432 of the Civil Procedure Code and in administrative litigation (Art. 246 of the Administrative Code). The powers of the Supreme Court of Justice (Art. 445 CPC and Art. 248 C Adm) have apparently not undergone significant changes. However, considering that the powers of the court of appeal are a true reflection of the grounds for appeal, we have identified a “subtle” shift in the legislator’s approach concerning the weight of the rules on jurisdictional competence in civil proceedings. A relevant conclusion from the SCJ on this matter is currently lacking. This is why an ex-ante analysis of the situation is needed, identifying ineffective procedural norms and formulating well-argued proposals for legislative adjustment, through a correlated review of the powers of the appellate court as well. We emphasize that in any inadequately regulated situation, the proposals we formulate prioritize the interests of litigants.