Consideraţii privind procedura contenciosului funcției publice
Considerations Regardind the Civil Service Litigation Procedure

Author(s): Adrian-Remus Ghiculescu
Subject(s): Law, Constitution, Jurisprudence, Administrative Law
Published by: Universul Juridic
Keywords: administrative liability; civil servant; administrative act; action in administrative litigation; state of emergency;
Summary/Abstract: The study examines, briefly, the issue of the procedure applicable in resolving appeals declared against disciplinary sanctions against civil servants, after the entry into force of the Administrative Code in 2019. Because the acts regarding the birth, modification, suspension and termination of service relations, as well as the acts regarding the disciplinary sanctioning of civil servants, have the legal nature of administrative acts, the legislation specific to the civil service is completed, first of all, with the Law on administrative litigation no. 554/2004, so that, in the absence of derogating provisions, the action by which the civil servant invests the administrative contentious court is subject to the terms and conditions provided by this normative act, including the preliminary procedure. In turn, the provisions of this law are supplemented by the provisions of the Code of Civil Procedure, insofar as they are not incompatible with the specifics of service relations between public authorities, on the one hand, and civil servants harmed in their legitimate rights or interests, on the other hand. The establishment of the state of emergency and, subsequently, of the state of alert had implications on the trial procedure in the litigations of administrative contentious, but also on the legal regime of the forfeiture and prescription terms. In all cases, the courts have the obligation to ensure compliance with the fundamental principles of civil proceedings, but also the principles governing administrative liability, particularly the principle of legality of liability, the principle of justice or proportionality of liability and the principle of celerity.

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