2. Admisibilitatea procedurii ordonanţei preşedinţiale în materia conflictelor de muncă. Condiţii de admisibilitate. Suspendarea efectelor deciziei de sancţionare disciplinară
2. Admissibility of the presidential ordinance procedure in the matter of labor conflicts. Admissibility conditions. Suspension of the effects of the disciplinary sanction decision

Summary/Abstract: The essential element for the presidential ordinance procedure is urgency, which must persist throughout the trial, both in the first instance and on appeal. In principle, the measures taken by way of presidential ordinance aim to preserve a factual situation until the merits of the case are resolved. As the ordinance implies urgency and the taking of temporary measures, the court is not competent to resolve the merits of the dispute itself, but examines, in a summary procedure, only the appearance of law. The condition of urgency is justified in the situation of organizing a competition to fill teaching positions/vacant positions/reserved for teaching staff in pre university education for a certain school year, as long as the disciplinary sanction applied to the teaching staff prevents his participation in such a competition. Thus, until the substantive resolution of the appeal against the disciplinary sanction decision, it produces its effects, and in the absence of suspension of these effects, the teaching staff's application file for the competition would not be eligible, given the application of the disciplinary sanction of the warning. In the special procedure of the presidential ordinance, the court is obliged not to enter into the merits of the dispute between the parties, which aims to challenge the disciplinary sanction applied to the employed teacher, following which the legality and validity of the disciplinary sanction decision will be analyzed within this appeal. The grounds of illegality invoked in the appeal against the disciplinary sanction decision, an appeal formulated within the procedure regulated by the special labor legislation, may create an appearance of law in favor of the teacher, an appearance that would justify the requested measure in order not to restrict his right to participate in the competition. In the absence of the temporary suspension of the effects of the disciplinary sanction decision, namely until the resolution of the appeal against this decision, the teacher would not be allowed to register for the competition, and his access to justice would be illusory, not effective. The request for a presidential ordinance formulated by the teacher aims to preserve a right that would be damaged by delay, namely: the right to participate in the competition, and preventing such participation would be likely to cause him damage that could not be repaired or would not find effective reparation, since it is possible to quantify the material damage, but the moral damage suffered by him would be difficult to establish.

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