Revista Transilvană de Ştiinţe Administrative (Dec 2021)
Reguli de procedură aplicabile în litigii privind funcționarii publici
Abstract
Litigations regarding the civil service report are given by law in the competence of the contentious administrative courts, in the mandatory jurisprudence of the Supreme Court being retained in specific hypotheses, respectively, in the situation of requesting some monetary rights not established by an administrative act, that they have labor disputes. It follows that, although the administrative court settles them, the rules applicable in the proceedings are those specific to labor disputes.The study aims to reveal the nature of the civil service relationship and related disputes, justifying the jurisdiction of the administrative court and determining the rules of procedure applicable to civil service disputes, depending on the distinctions resulting from the mandatory jurisprudence of the High Court of Cassation and Justice.