EFECTELE CARACTERULUI GENERAL OBLIGATORIU AL DECIZIILOR CURȚII CONSTITUȚIONALE ÎN PRIVINȚA DECIZIILOR PRONUNȚATE DE ÎNALTA CURTE DE CASAȚIE ȘI JUSTIȚIE ÎN SOLUȚIONAREA RECURSULUI ÎN INTERESUL LEGII

According to art. 147. (4) of the Constitution, the Constitutional Court rulings are generally binding. Therefore, the public authorities, including courts, regardless of their level, must observe the Constitutional Court rulings both in terms of the operative part and recitals thereof. Although they do not constitute a source of law, the High Court of Cassation and Justice judgments rendered after settlement of an appeal in the interest of law, require the courts a particular solution to a law issue, therefore an interpretation of legal rules. When performing the interpretation and application of law, a contingent conventionality control also occurs; such control is carrying out by this Court whilst assuming that the courts’ divergent practice is given by the different application of the (European) Convention on human rights and fundamental freedoms provisions. Not infrequently, the High Court of Cassation and Justice’s jurisprudence on the matters submitted to trial did not coincide with that of the Constitutional Court, and this study aims to point out and analyze such cases. The proposed solution takes into account a possible constitutionality review of the previously reported judgments of the High Court of Cassation and Justice; such control has already been carried out indirectly in certain rulings of the Constitutional Court.