High Court of Cassation and Justice. Appeal upheld. Referral to the Constitutional Court. The notion of "military". Code of Criminal Procedure versus Special Legislation. Predictability

By judgment no. 47/01.02.2022, the Supreme Court admitted the appeal filed by Daniel NIȚU – Law Office against the interim conclusion of 17.01.2022 of the Cluj Court of Appeal. The representation of the clients' interests before the High Court of Cassation and Justice was ensured by lawyer and  Andra-Roxana TRANDAFIR, representing one of the collaborations between the two law offices.
By the recalled conclusion, the Court of Cluj-Napoca had rejected the request to notify the Constitutional Court with an exception regarding the significance of the notion of "military" found in the Code of Criminal Procedure in the matter of the personal competence of the military prosecutor's offices.
In essence, the admissibility issues concerned by the appeal concerned the interpretative decisions and the recently established manipulative decisions of the constitutional court; on the merits, the provisions of art. 37 and 56 of the Criminal Procedure Code were analyzed compared to those in art. 1 and art. 4 of Law nr. 80/1995 on the status of military personnel, to emphasize the violation of constitutional and conventional standards from the perspective of clarity of the sphere of persons who attract the competence of military prosecutor's offices and courts.
The drafting of the exception and the pleadings in the file belong to ROXANA IORDĂCHESCU-NIŢU, with the support of FLAVIA ŢUICĂ, from Daniel NIȚU – Law Office.