3. Conflict negativ de competenţă. Incidenţa dispoziţiilor art. 127 NCPC
3. Negative conflict of jurisdiction. Enforceability of the provisions of art. 127 NCCP

Summary/Abstract: According to art. 127 para. (1) of the NCCP, in relation to para. (3) of the same article, if a judge (prosecutor, judicial assistant, court clerk) acts in his/her capacity as plaintiff in a claim within the jurisdiction of the court where he/she performs his/ her job, he/she shall seize one of the courts of law of the same rank being within the jurisdiction of any of the courts of appeal adjacent to the court of appeal in the jurisdiction of which he/she performs his/her job. Thus, in examining the jurisdiction of the court to which the claim has to be taken, if a judge (prosecutor, judicial assistant, court clerk) from a certain court acts in his/ her capacity as plaintiff, not only the court within which he/she performs his/her job has to be taken into consideration, but also the court of appeal in the jurisdiction of which the respective court operates, as the legislator has not considered only the court of the same rank as the court where the plaintiff performs his/her job, but also the opportunity to exercise appeal procedures, this being the reasoning for which he/she referred to the jurisdiction of the court of appeal where the court to which the claim is taken, operates.

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