Este atacabil raportul prin care comisia de disciplină propune clasarea sesizării disciplinare împotriva funcţionarilor publici?
Is it challengeable the report by which the disciplinary board proposes the dismissal of the disciplinary complaint against civil servants?

Summary/Abstract: The present study illustrates a sensitive issue of the disciplinary procedure concerning civilservants, insufficiently debated in the speciality literature, namely the possibility of the titular of thedisciplinary complaint to resort to the courts in order to refute the report by which the disciplinaryinvestigation is finalized with a proposal to classify the complaint. The research is structured startingfrom the solution given to this issue by the courts themselves, in the few decisions that deal with thesubject, a solution which the author attempts to combat in the light of the current legislation in force,insufficient in its turn, corroborated with the relevant approaches taken from the decisions of theConstitutional Court.Apart from the elements of novelty and originality of the analysis, it is distinguished by itsapplied character, knowing the ideas conveyed by the author being necessary not only for the civilservants involved in disciplinary conflicts – as defending parties or as members of the disciplinarycommissions –, but also for the judges called upon to decide on the legality and grounds of thesolutions for dismissal of the disciplinary complaints. The thesis of inadmissibility of the actionsseeking the annulment of the dismissal solutions should be reconsidered, the author’s opinion beingthat the commissions’ reports can be included among the administrative acts (by express or tacitvalidation by the leader to whom they are presented) or in the refusal to perform an administrativeoperation, as a challengeable act under Article 8 (1) of the Law on administrative disputes No554/2004. It is certain that concealing reports from the commission against any form of control is notonly harmful (at least at moral level) to the titular of the complaint, but also abnormal, unjust andunlawful.In his analysis, the author identifies a series of arguments on which he builds his thesis aboutgranting to the subject of the disciplinary complaint the right of access to courts, despite theorientation of the judicial precedent. As a conclusion, he believes that the normative provisions on the matter of disciplinary liability should be reinterpreted and revised, so that the reports of thedisciplinary commissions for classifying disciplinary complaints against civil servants should nolonger be exempt from judicial control.

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