An Appeal Against a Judgment of the Court of Appeal - Labor Disputes and Social Security Section is Admissible?
Keywords:
Legality of the appeal; admissibility of the appeal; nature of the dispute; principle of legal certainty; right of access to the courtAbstract
The purpose of this approach is to identify an answer to the following question: it is admissible, in
the conditions expressed in the art. 483 par. 2 Code of Civil Procedure, a recourse against a decision that has
been pronounced in the Court of Appeal - Labor disputes and social security section? The foray into civil
procedural matters is not only theoretically valuable, it is in fact generated by a concrete cause, and the answer
to this question is still under discussion – and tends towards a negative aspect in the practice of the ICCJ - it
should, in our opinion, be circumstantiated, taking into account the nature of conflict/dispute/settled by the
Court of Appeal; thereof an appeal against the judgment of the Court of Appeal - Labor and Social Security
Section should be considered admissible, if the conflict (dispute) resolved by this section is not a dispute
(conflict) of labor and social security nature.
References
Boroi, G. & Stancu, M. (2015). Civil Procedural Law. Bucharest: Hamangiu.
Chi?, A. -A. & Zidaru, G.-L. (2015). The Role of the Judge in Civil Proceedings. Bucharest: Universul Juridic.
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