18. Raport de muncă încheiat de un cetățean român, în calitate de salariat, cu o ambasadă a unui alt stat la București, în calitate de angajator. Imunitate de jurisdicție. Cooperare judiciară în materie civilă
18. Employment relation concluded by a Romanian citizen, in his/her capacity as an employee, with an embassy of another state in Bucharest, in its capacity as an employer. Jurisdictional immunity. Judicial cooperation in civil matters

Summary/Abstract: The jurisdictional immunity of the diplomatic mission, even if it is not reflected in the international conventions, appears from the jurisdictional immunity of the state (as the mission is a body of the sending State, and the drafted documents are deemed to be the documents of the state), regulated by art. 31 of the Convention on Diplomatic Relations, signed in Vienna on 18 April 1961 and ratified by Romania under the Decree no. 566/1968. However, it is required to make a distinction between the category of the actions carried out by the diplomatic mission in its capacity as a body of the sending State, which are actions of international law exclusively belonging to the scope of international judicial order and which are not falling within the scope of the sending State and the category of the actions of the diplomatic mission belonging to the domestic judicial order of the receiving State (for example, the employment agreements concluded with the administrative staff) or even of the deeds producing prejudices and for which the question of the jurisdictional immunity is raised, as they produce their effects in the judicial order of the State in which the diplomatic mission was sent and thus, in the full jurisdiction of the domestic courts of law.

• Details
• Contents