CONTESTAȚIA ÎN ANULARE SPECIALĂ – O NOUĂ ABORDARE

The author advocates for expanding the admissibility of the special contestation for annulment and for eliminating the errors of judgment, i.e. for the non-compliance with the legal provisions and the incorrect assessment of the factual situations (illegality and groundlessness of the judgments challenged). In order to support this opinion, the author resorts to the grammatical interpretation of the phrase „material error”, invokes the ECHR case law and the comparative law. He also proposes, in addition, the reintroduction of the action for annulment (in cassation), which has as object to correct the errors of judgment and which will have an essential role in unifying the judicial practice.