15. Invocarea nulităţii deciziei de concediere disciplinară pe cale de excepţie în cadrul contestaţiei
15. Raising the nullity of the disciplinary dismissal decision by way of an objection in the objection

Summary/Abstract: The objection of absolute nullity arising from the lack of disciplinary investigation is not a procedural or substantive procedural objection within the meaning of Article 245 of the Code of Civil Procedure, but a ground of unlawfulness of the disciplinary sanctioning decision, which concerns the merits of the challenge lodged by the party. Thus, the court is not required to rule with priority on this ground of absolute nullity of the contested decision, or separately from the merits of the dismissal challenge, nor must it join this ground to the merits of the case within the meaning of Article 248 of the Code of Civil Procedure.

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