Natura și competența de soluționare a litigiilor privind plata ajutorului acordat, la trecerea în rezervă sau în retragere, respectiv la încetarea raporturilor de serviciu, a personalului militar, polițiștilor și funcționarilor publici
The legal nature of the litigations regarding the retirement financial aid for military personnel, police officials and public servants of penitentiary administration and the substantive jurisdiction over this type of litigations

Summary/Abstract: Some legal provision provides for retirement financial aid granted to military personnel, police officials and public servants of penitentiary administration. Beginning with the problem of establishing the nature of those aids, in the judicial practice has been raised the problem of the litigations regarding those retirement financial aids nature and of the substantive jurisdiction over this litigations type. The main problem was to determine the nature of those aids respectively whether they are of social security in nature, as being granted on the occasion of retirement, or if they fall in the sphere of the notion of remuneration, as they are granted in consideration and in relation to the activity realised by the beneficiaries before retirement. The article presents the argument expressed in judicial practice for either of the two opinions accompanied by an author commentary with references to the CJUE and Romanian Constitutional Court case law.

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