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.