Non-unitary judicial practice. Admissibility of the second appeal in cases having as object labor disputes or social security rights settled in the first instance by the local court and in first appeal by tribunals Cover Image
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Practică judiciară neunitară. Admisibilitatea căii de atac a recursului în cauze având ca obiect litigii de muncă ori drepturi de asigurări sociale soluţionate în primă instanţă de judecătorii şi în apel de tribunale
Non-unitary judicial practice. Admissibility of the second appeal in cases having as object labor disputes or social security rights settled in the first instance by the local court and in first appeal by tribunals

Author(s): Claudia Bodean
Subject(s): Law, Constitution, Jurisprudence, Labour and Social Security Law
Published by: C.H. Beck Publishing House - Romania
Keywords: non-unitary judicial practice; appeal; civil litigation; labor dispute or social insurance dispute; unitary public pension system;

Summary/Abstract: In judicial practice, it has been found that there is no uniform view on the admissibility of a second appeal against the decision of the tribunal on first appeal, where the local court has declared itself competent to settle the case in view of the nature of the dispute to be a civil one, assessable in money, although it is, in reality, a labor dispute or a social insurance dispute, the case being resolved (in the first instance and on appeal) according to the special rules of substantive law contained in the Labor Code or, as the case may be, according to those contained in the Law no. 263/2010 on the unitary public pension system.

  • Issue Year: XIX/2020
  • Issue No: 03
  • Page Range: 132-135
  • Page Count: 4
  • Language: Romanian