4 DREPTUL NR. 7/2011 CU PRIVIRE LA JUDICIOASA INTERPRETARE A ART. 322 PCT. 5, TEZA A II-A DIN CODUL DE PROCEDURÃ CIVILÃ ACTUAL, ÎN CONCORDANÞÃ CU NORMELE CONVENÞIEI PENTRU APÃRAREA DREPTURILOR OMULUI ªI A LIBERTÃÞILOR FUNDAMENTALE

Article 322 section 5, second phrase of the (Romanian) Code of Civil Procedure provides that review of a final and binding decision in the Appellate Court or non-appealed and of a ruling passed by a court of last resort upon merits called forth may be requested „whether, following the rendering of the decision, a court order which grounded the decision under review claimed was abated or amended.” The author, in light of the practice of the European Court of Human Rights, considers that the purport should be interpreted narrowly. Accordingly, the scope of Article 322 section 5, second phrase of the (Romanian) Code of Civil Procedure may cover uncertified court orders exclusively (referred to as binding) because only these can be amended / abated under appeal or recourse, and not judgments passed within right of review procedures such as review or appeal for annulment, on account of complying with the principle of legal certainty.