Jurisdiction of the courts to settle disputes concerning former dignitaries or civil servants
Jurisdiction of the courts to settle disputes concerning former dignitaries or civil servants

Author(s): Adriana Deac
Subject(s): Law, Constitution, Jurisprudence, Court case, Administrative Law
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: administrative and fiscal litigation; labor dispute; dignitary; civil servant; employee; employment relationship; inadmissibility; incompetence;
Summary/Abstract: Recently, in the practice of the courts, we have noticed a different approach regarding the settlement of some litigations having as object the employment of the patrimonial responsibility of some persons who, at a certain moment, had either the quality of dignitary or the quality of civil servant. It is not an isolated case, it is about a significant number of lawsuits, about 20. Surprisingly, although in all these cases, the quality of plaintiff had the same national authority and the quality of defendants had, relatively, the same persons, the solutions of the courts were different, even contradictory, in terms of material, functional and territorial competence to resolve these disputes. The present paper aims to analyze the relevant court decisions in terms of legal issues, without discussing the merits of the cases, but only the procedural exceptions, inadmissibility and material and functional incompetence of the courts notified in resolving those disputes. In conducting the study, I will consider the methods of interpreting legal rules, respectively grammatical, logical and systematic, the purpose being to clarify this legal issue and to provide help, support to those who, perhaps, at some point, may face this situation.

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