High Court of Cassation andJustice, Department of administrative and fiscal disputes, Decision no. 4748 of the 29th of March 2013 (Case Study) Cover Image
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Înalta Curte de Casaţie de Justiţie, Secţia de contencios administrativ şi fiscal, Decizia nr. 4748 din 29 martie 2013 (Studiu de caz)
High Court of Cassation andJustice, Department of administrative and fiscal disputes, Decision no. 4748 of the 29th of March 2013 (Case Study)

Author(s): Dan Ciompoeru
Subject(s): Law, Constitution, Jurisprudence
Published by: C.H. Beck Publishing House - Romania
Keywords: military personnel; deployment; appointment or promotion; Law no. 80/1995

Summary/Abstract: In our opinion, the High Court of Cassation and Justice added to the law in a manner objectionable in that it judicially created a sui generis legal status for military personnel deployed outside the Ministry of Defence. Thus, it is considered that what matters is the "deployment" itself, and the "position" on which that person was hired for is just an "accessory"; such a theory is contradicted by the reality of both the case law and the legal provisions.

  • Issue Year: 2013
  • Issue No: 12
  • Page Range: 685-688
  • Page Count: 1
  • Language: Romanian