Rolul Curţii Constituţionale şi al Înaltei Curţi de Casație și Justiție în definirea conceptului de funcţionar public
The Role of the Constitutional Court and the High Court of Cassation and Justice in Defining the Concept of Civil Servant

Author(s): Ion Ristea
Subject(s): Law, Constitution, Jurisprudence, History of Law, Constitutional Law, Administrative Law
Published by: Universul Juridic
Keywords: Constitution; High Court of Cassation and Justice; civil servant; unitary judicial practice;
Summary/Abstract: The author has aimed and succeeded to present the notion of civil servant, the role of the Constitutional Court and of the Supreme Court in defining this concept. In this meaning, we have used the method of the historical interpretation by searching the meaning of the notion of civil servant in the old legislation, the Criminal Code of 1864, 1936, 1969, 2004 and the actual Criminal Code of 2009. Also, have been presented significant decisions of the Constitutional Court and of the High Court of Cassation and Justice referring to the notion of civil servant or in connection to it, emphasizing the role of these institutions in performing the attributions stated by the Constitution and the organic laws governing the civil activity.

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