2. Procedural aspects regarding the appeal against administrative decisions granting pensions rights, regarding the process of revision and the process of recalculations of pensions – case law synthesis (I) Cover Image
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2. Aspecte procedurale privind contestarea deciziilor de pensie, revizuirea și recalcularea pensiilor – sinteză de practică judiciară (I)
2. Procedural aspects regarding the appeal against administrative decisions granting pensions rights, regarding the process of revision and the process of recalculations of pensions – case law synthesis (I)

Author(s): Răzvan Anghel
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: legal challenge; pensions rights; conditions to address the court; time limitation; previous mandatory administrative procedure; right of access to court;

Summary/Abstract: This article presents some practical issues concerning the legal challenge of the decisions granting pensions rights in a public social security system. In this first part are presented case law examples regarding the legal conditions to address a legal challenge to a the court, respectively going thru the previous mandatory administrative procedure and the time limitation, but also the situations when a person can address directly to the court in the absence of an answer from the part of the administrative body as a result of the right of access to court. The exposition in synthesis of the cited decisions reasoning is structured in accordance to the conditions resulted from the theoretical analysis of the legal provisions applicable.

  • Issue Year: 2015
  • Issue No: 01
  • Page Range: 151-163
  • Page Count: 13
  • Language: Romanian
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