A judgment delivered by an improperly constituted court is void

Nullity is a defect which, by its nature, prevents a judicial act from producing its intended legal effects. Although the statute does not list the defects that entail nullity, legal scholarship and case law identify the requirements for a valid decision. It must be delivered by the proper judicial body within its adjudicative powers, be in writing, be signed and be intelligible.

The Supreme Court of Cassation has consistently held that a judgment delivered by an improperly constituted panel is void. Examples include judgment No. 668 of 15.11.2010 in civil case No. 1790/2009, judgment No. 119 of 17.05.2013 in civil case No. 1198/2012 and judgment No. 65 of 10.05.2016 in commercial case No. 3780/2014. Article 235(1) of the Code of Civil Procedure requires the judgment to be given by the panel that took part in the hearing at which consideration of the case concluded. The minutes of the public hearing, signed by the presiding judge and the court clerk, constitute an official document whose evidentiary force requires the court to accept that the facts recorded in it occurred. The minutes identify the judges present at the public hearing at which oral argument was opened.

This article does not provide a legal opinion or advice about any particular person or situation. For assistance with an individual case, consult a lawyer.