DEFICIENCIES IN THE APPLICATION OF SOME NORMATIVE ACTS REGARDING THE RECONGNITION OF SOME RIGHTS IN THE MATTER OF PENSIONS OR OF SOME SPECIAL INDEMNITIES
DEFICIENCIES IN THE APPLICATION OF SOME NORMATIVE ACTS REGARDING THE RECONGNITION OF SOME RIGHTS IN THE MATTER OF PENSIONS OR OF SOME SPECIAL INDEMNITIES

Summary/Abstract: The present study considers two concrete situations, namely, the abolition of a decision establishing the right to pension, once it has become final, respectively the abolition of a decision on partial admission or rejection of recognition of entitlement to compensation as a result of political persecution by the dictatorship. established on March 6, 1945 in Romania. Both situations refer to individual administrative acts, intuitu personae, to which a distinct legal framework applies: on the one hand, Law no. 263/2010 on the unitary public pension system, and on the other hand, the Decree- Law no. 118/1990 on granting rights to persons persecuted for political reasons by the dictatorship established starting with March 6, 1945, as well as to those deported abroad or constituted as prisoners. When we refer to the situation of contesting a decision to reject the right to pension by the applicant, the identification of legal remedies is clear, but what happens when the administrative authority competent to issue an administrative act reverts to its own decision, revokes it retroactively and withdraws the right to a pension? We will explain that a retirement decision can only be revoked under certain conditions. In the second situation, we signal not only a deficient application of the legal provisions of Law no. 232/2020 that amended the Decree-Law no. 118/1990, but also a deficiency in the elaboration of the legal framework, which leads to confusions in the situation where the applicant wishes to contest a decision by which his rights to the special indemnity provided by this normative act are not recognized.

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