Inadmissibility of referral on procedural question regarding appeal mechanism for dismissal of constitutional review requests

The Supreme Court of Cassation and Justice dismissed as inadmissible the request for a ruling on a question of law submitted by the Court of Appeal, leaving the lower court’s procedural posture to determine the next steps without establishing a preliminary judicial interpretation. The dispute arose from a procedural challenge regarding the specific appeal mechanism (appeal vs. counter-claim) available against a district court order that dismissed constitutional review requests as inadmissible, which the higher court had sought to resolve as a principle of law. The decisive legal basis relied on the inadmissibility of the referral, implicitly referencing the framework of Article 8 of Law No. 255/2013 and Article 29(5) of Law No. 47/1992, which govern the procedural conditions and jurisdiction for referring questions of law for uniform interpretation in criminal matters.