An Appeal Against a Judgment of the Court of Appeal - Labor Disputes and Social Security Section is Admissible?

Abstract

The purpose of this approach is to identify an answer to the following question: it is admissible, in the conditions expressed in the art. 483 par. 2 Code of Civil Procedure, a recourse against a decision that has been pronounced in the Court of Appeal - Labor disputes and social security section? The foray into civil procedural matters is not only theoretically valuable, it is in fact generated by a concrete cause, and the answer to this question is still under discussion – and tends towards a negative aspect in the practice of the ICCJ - it should, in our opinion, be circumstantiated, taking into account the nature of conflict/dispute/settled by the Court of Appeal; thereof an appeal against the judgment of the Court of Appeal - Labor and Social Security Section should be considered admissible, if the conflict (dispute) resolved by this section is not a dispute (conflict) of labor and social security nature.

Keywords

• legality of the appeal
• admissibility of the appeal
• nature of the dispute
• principle of legal certainty
• right of access to the court