Appeal in Cassation in the Civil Procedure of the Republic of Moldova: Grounds for Appeal in Cassation and Limits of Judicial Review

Abstract

Appeal in cassation in the civil procedure of the Republic of Moldova represents an extraordinary remedy oriented both to the control of the legality of court decisions and ensuring the uniformity of national judicial practice. The regulatory framework governing its grounds for filing and its limits has been significantly reconfigured by Law No. 246/2023. The introduced legislative amendments raise a series of conceptual and practical issues that require further examination, while a relevant conclusion on this matter from the Supreme Court of Justice is currently lacking. The complexity of the grounds for appeal in cassation and the formulation of legal notions with a high degree of generality, such as uniform jurisprudence or the arbitrary nature of judicial decisions, generate difficulties in interpretation and practical application. Regarding the limits of cassation review, there is a normative orientation towards restricting the Supreme Court’s examination to the grounds expressly invoked by the appellant, thereby reinforcing the nature of cassation as a mechanism of legality control, distinct from a retrial on the merits of the case. CZU: 347.955(478); GEL: K40, K 10