2. Aspecte procedurale privind contestarea deciziilor de pensie, revizuirea şi recalcularea pensiilor – sinteză de practică judiciară (II)
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 (II)

Summary/Abstract: This article presents some practical issues concerning the legal challenge of the decisions granting pensions rights in a public social security system along with the practical issues regarding the procedures of revision and recalculation of pensions. In this second part are presented case law solutions regarding the limitations of the court analysis in such a dispute and the court obligations in this analysis to ensure an effective access to justice; related to the pension’s revision and recalculation, the article presents the case law referring to the mandatory administrative procedure, 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; there are also presented court solutions to litigious situations regarding the moment from which the recalculated pension is granted. 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.

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