O.U.G. NR. 62/2024 – „LOVITURĂ DE TEATRU” SAU O EVOLUȚIE FIREASCĂ A MECANISMULUI DE UNIFICARE A PRACTICII JUDICIARE

Rezumat

At the national level, under art. 126 para. (3) of the Romanian Constitution, the mechanism of prior notification is regulated in the Code of Civil Procedure, with clear, precise rules and with general applicability. Nevertheless, the legislator understood through the GEO no. 62/2024, to regulate a derogatory regime for certain categories of disputes, as well as the referral procedure, expressly detailed therein. The present material aims to reveal the importance that the legislator must attach, firstly, to the establishment of an objective reality, secondly, to focus on precisely regulating all the elements necessary to conduct a process and, thirdly, to draw attention to the fact that the excessive use of the regulation of legal norms, which make the prerogative of organic laws employing an emergency ordinance, in particular, when the intrinsic and extrinsic conditions for such regulation are not met, do nothing but undermines the sovereign justice of law and the virtues on which it is built. As a result of researching the arguments and results brought by the doctrine and jurisprudence, regarding, on the one hand, the mechanism of prior notification and, on the other hand, the role of the judge in the correct and uniform interpretation and application of the law, we concluded that the solution adopted by the legislator through art. 2 of  GEO no. 62/2024 is not an optimal way to achieve the desired goal used by it, namely "the administration of justice equally and ensuring equality before the law, as well as on socio-economic relations", but, at most, a temporary solution for the protection of budget funds, this regulation representing the proper instrument for limiting the fundamental rights and freedoms of citizens.