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Authors: ANCA-IOANA NEGRU.
DOI: 10.24193/SUBBiur. 67(2022).3.1
Article history: Available online April 13, 2022.
©2022 Studia UBB Iurisprudentia. Published by Babeş-Bolyai University.
pp. 10-40
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The study had as its starting point the jurisprudence of the appeal courts which, in the absence of an express legal provision, ordered the annulment of the sentence with a referral for retrial to the court whose decision was annulled, when there was no judicial reasoning. The study focused on two directions: the lack of judicial reasoning and the solution of the court of appeal. Regarding the lack of judicial reasoning, we made jurisprudential references to identify the factual arguments that determine that a decision is not reasoned, and we proceeded to a doctrinal analysis, capturing from a historical perspective the way in which the imperative of judicial reasoning evolved normatively. As to the solution of the court of appeal in the case of failure to state reasons, we have made jurisprudential and doctrinal references to check whether it is possible to establish a separate procedure in appeal based on whether it is a reformation appeal or an annulment appeal.
Keywords: lack of judicial reasoning, double degree of jurisdiction, right to a fair trial, right to defense, solutions to the judgment on appeal, annulment with referral for retrial.
