THE HIGH COURT OF CASSATION AND JUSTICE HAS DECIDED THAT IT WOULD PASS OVER THE LEGISLATURE’S WILL IF IT WOULD BE ADMITTED THAT AGAINST THE DECISION PRONOUNCED IN THE EXTRAORDINARY PROCEDURE OF THE CONTESTATION FOR ANNULMENT IT MAY BE SUBMITTED THE COMMON LAW ATTACK OF THE APPEAL.

The legislature has not provisioned such a means of attack in the procedure of Contestation for annulment. As a matter of fact, in this respect there is also the Decision no. 5 of 4.03.201 of HCCJ by which it has been established that a judgment given in the examination procedure of the admissibility of the contestation for annulment against a decision for which an attack it is not provided cannot be appealed.
In this case, the High Court of Cassation and Justice have decided that the contestant cannot attack with appeal the Decision of rejection of the Contestation in annulment. (Decision no. 148/A from 26 April 2017 pronounced in appeal by the Penal Department of the High Court of Cassation and Justice).

Date: 21.07.2017