Curtea de Apel București, Secția a VIII-a contencios administrativ și fiscal, Decizia civilă nr. 655/07.02.2018 (Studiu de Caz)
Bucharest Court of Appeal, Administrative and fiscal litigation Section VIII, Civil Decision no. 655/07.02.2018 (Case Law Study)

Summary/Abstract: The case referred to materializes a recurring problem in both administrative and labor law – determining whether acts of disciplinary punishment of employees who do not comply with the requirements of the law under the express sanction of absolute nullity are really struck or not by absolute nullity (casus belli). Despite the clarity of the legislator's expression in the Labor Code, the Administrative Code and not only, the problem generates divergent solutions and, unfortunately, has not found a clear judicial solution, a solution in principle from the High Court of Cassation and Justice. The commentary we are trying to propose aims at arguing some legal issues, starting from the criticism of the jurisprudential solution to which the Bucharest Court of Appeal stopped, inconsistent with its own majority practice. The norms of material law which were violated and, implicitly, wrongly applied by the Court are those of art. 50 para. (3) and (4) of H.G. no. 1344/2007 regarding the norms of organization and functioning of the disciplinary commissions.

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