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.

In this study, the author makes a thorough analysis of the current regime of private land movement in Romania in the light of the regulations contained in the new Romanian Civil Code (entered into force on 1 October 2011), as well as in other normative acts in force, but adopted earlier (the Forestry Code - Law no. 46/2008, Law no. 50/1991 on the authorization of construction works republished on 13 October 2004, Law no. 350/2001 on spatial planning and urban planning; Law no. 315/2005 on the acquisition of private property rights by foreign and stateless citizens and foreign legal persons; Law no. 71/2011 for the implementation of the new Civil Code. Essentially, the author believes that, although, partially, the new Civil Code relating regulations do not always have a fundamentally (absolutely) new nature, they bring, however, significant changes.

Presenting the specific fundamental rights granted to the European citizens, of the new rights guaranteed in compliance with the progress and development of the society and taking into consideration the case law of the European Court of Human Rights and of the Court of Justice of the European Union, the author emphasizes the autonomous nature of the Charter of fundamental rights of the European Union. The fact that the Charter of fundamental rights of the European Union is granted a binding legal value after the Treaty of Lisbon enters into force, shall have an important part for the accession of the European Union to the (European) Convention for the protection of human rights and of fundamental freedoms. The Charter of fundamental rights of the European Union shall contribute to the acquirement of the important part that the European Union will play on the international stage, in the field of the human rights protection.