The right to seniority rise. The deletion of that right. Unconstitutional and abrogated Government order. Inadmissibility of the exception of unconstitutionality. Cover Image

Dreptul la sporul de vechime în muncă. Suprimarea unui drept. Ordonanţă a guvernului neconstituţională şi abrogată. Inadmisibilitatea excepţiei de neconstituţionalitate.
The right to seniority rise. The deletion of that right. Unconstitutional and abrogated Government order. Inadmissibility of the exception of unconstitutionality.

Author(s): Valerică Dabu, Borza Remus Adrian
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic

Summary/Abstract: The different solutions concerning the spore of seniority in work of the magistrates, the multitude of such trials which are still on the roll of the instances give us the opportunity to make some considerations on some juridical problems appeared in these concrete cases as follows: - the right at the spore of seniority in work is a fundamental right? There are compatible the spore of seniority in work with the spore of stability or the spore of fidelity? There are complementary or they exclude each other? It can be removed the right at the spore of seniority in work through an ordinary ordinance of The Government? - It is unconstitutional and illegal an ordinary ordinance of the government which regulates in domains reserved to the organic law and especially The Ordinance of the government no. 83 from the 1st of September of 2000 for the modification and completion of The Law no. 50/1996 concerning the remuneration and other rights of the staff from the bodies of the judicial authority? - It can be attacked on a illegality and nonconstitutionality reason an Ordinance of The Government, abated and in front of what instance?

  • Issue Year: 2007
  • Issue No: 3
  • Page Range: 148-167
  • Page Count: 20
  • Language: Romanian