Desfiinţarea unui motiv de casare din art. 488 alin. (1) pct. 2 din Codul de procedură civilă prin Decizia nr. 52/2023 pronunţată de Înalta Curte de Casaţie şi Justiţie – Completul pentru dezlegarea unor chestiuni de drept

By the Decision No 52/2023, the High Court of Cassation and Justice – the Panel for the settlement of some matters of law has admitted the referral made by the Pitești Court of Appeal – Civil Section I, regarding the pronouncement of a preliminary decision, and, consequently, has established that, in the interpretation of the provisions of Article 488 (1) point 2 of the Civil Procedure Code, by reference to those of Articles 19 and 214 of the same Code, within the grounds of appeal provided by Article 488 (1) point 2 of the Civil Procedure Code the criticisms regarding the legality of the measure to change the composition of the panel of judges in appeal ordered by a decision of the governing board of the court cannot be analyzed, the legality of this decision can be analyzed under the terms of the Law of administrative disputed claims No 554/2004, as amended and supplemented.In the opinion of the author, the correct interpretation is the one expressed in the second point of view, which assessed that the reason regarding the legality of the measure to change the composition of the panel of judges ordered by a judgement of the governing board of the court of appeal can be analyzed concretely/effectively by the court of appeal.