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About the Competent Court in the Matter of a Litigation Regarding the Annulment of a Decision Whose Object Is the Release from a Public Management Position

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  • Radu Stefan PATRU

    (Faculty of Law, Bucharest University of Economic Studies, Romania.)

Abstract

The present study will analyze the aspects related to the competent court in the matter of the request for annulment of a decision ordering the release from a public management position, from the perspective of decision no. 5746/2022 of the High Court of Cassation and Justice. The supreme court in Romania established that in the mentioned situation the provisions of the Administrative Code prevail over the provisions of Law no. 554/2004 of the administrative litigation. This decision, which is based on a litigation registered before the Dolj Court, has a particularly important role in the matter of jurisdiction in a delicate issue of administrative law

Suggested Citation

  • Radu Stefan PATRU, 2023. "About the Competent Court in the Matter of a Litigation Regarding the Annulment of a Decision Whose Object Is the Release from a Public Management Position," Perspectives of Law and Public Administration, Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences), vol. 12(3), pages 465-468, October.
  • Handle: RePEc:sja:journl:v:12:y:2023:i:3:p:465-468
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    References listed on IDEAS

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    1. Ionel DIDEA & Diana Maria ILIE, 2022. "Restructuring Practice is Now Growing Worldwide Post-Covid Insolvency," International Investment Law Journal, Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences), vol. 2(1), pages 14-45, February.
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      More about this item

      Keywords

      administrative litigation; Administrative Code; public servant; High Court of Cassation and Justice.;
      All these keywords.

      JEL classification:

      • K23 - Law and Economics - - Regulation and Business Law - - - Regulated Industries and Administrative Law
      • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process

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