Consideraţii privind detaşarea judecătorilor pentru desfăşurarea activităţilor în cadrul birourilor electorale

Prof. univ. dr. Marioara ŢICHINDELEAN

ABSTRACT

The Labor Code regulates the general framework of the assignment institution within the employment relation, which also applies to employment relations governed by special laws, only insofar as they do not contain specific derogating provisions. Concerning judges and prosecutors, we identify in a series of normative acts a form of assignment which represents the exception from the form established in the common law, the Labor Code, and even from the one instituted in the special regulation, Law no. 303/2004. This atypical form of assignment is encountered in electoral matters. In the framework of this special or atypical assignment, the legislator did not establish the status of detached persons, the institution of being considered an “assigned” person is not regulated in the legislation, which opened the way for different...