Conceptul de jurisprudență uniformă în temeiul de recurs prevăzut de art. 432 alin. (1) lit. (A) CPC [Articol]

Abstract

This article examines the meaning and implications of the concept of “uniform jurisprudence” as it appears in the grounds for appeal under Article 432(1)(a) of the Moldovan Code of Civil Procedure. Introduced by Law no. 246/2023, this ground allows for recourse when the interpretation of law in a contested ruling contradicts the established and consistent jurisprudence of the Supreme Court of Justice. The paper discusses terminological inconsistencies in the procedural text, traces the origin of the concept to ECHR case law (notably Lazarević v. Bosnia and Herzegovina and Beian v. Romania), highlights the lack of clear legislative definition, and explores the interpretative function of Supreme Court guidelines and advisory opinions. Particular attention is given to the question of whether a single precedent suffices to constitute uniform jurisprudence, and how deviations from prior case law may still remain within the bounds of legal evolution. The study concludes with legislative and doctrinal recommendations aimed at improving the clarity and operationalization of this legal concept.