Inadmissible referral on scope of retrocession of religious property to pre-1989 legal owners

The High Court of Cassation and Justice, sitting as the Full Panel for Resolving Legal Questions, rejected as inadmissible the referral by the Administrative and Fiscal Section of the same court regarding a legal question concerning the retrocession of real property; no substantive ruling on the validity or interpretation of the challenged norms was issued. The underlying dispute involved a conflict over whether specific provisions regarding the retrocession of immovable property to religious entities extended to claimants who had legally acquired the assets prior to December 22, 1989, effectively determining that the Full Panel lacked the procedural basis to decide the reference. The decision was grounded in the procedural requirements for referring questions of law, specifically relying on Article 521(3) of the Code of Civil Procedure which designates the Full Panel's jurisdiction, and addressed the interpretation of Article 6(1) of Emergency Government Ordinance No. 94/2000.