Interpretări divergente cu privire la prescripţia dreptului material la acţiune în litigiile de contencios administrativ
Divergent interpretations of prescription the material right to action in administrative litigation

Summary/Abstract: The article analyzes contrary solutions regarding the prescription of the material right to action pronounced by the Timişoara Court of Appeal, Administrative and Fiscal Litigation Section. In its agreed opinion, the appellate court rejected the exception of the prescription of the material right to action stating that the plaintiffs had addressed a prior complaint to the defendant authority, and its refusal led to the promotion of a summons. In the criticized solution, the exception of the prescription of the material right to action was admitted, motivated by the fact that for granting the salary rights, the civil servants do not have to file a prior complaint prior to the notification to the court. The problem was solved by the supreme court by Decision no. 22/2020, appeal in the interest of the law, by which it decided that in the litigations of the civil servants regarding the salary rights they can address directly to the court.

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