Militari. Competenţa materială procesuală. Litigii privind raporturile de serviciu

The Army. Procedural material jurisdiction Litigation regarding the work relations

Abstract

1. As a general rule, disputes concerning the exercise of certain rights or the fulfillment of obligations arising from the employment relationships of civil servants are individual labor disputes. Article 1 letter p) tenet I of Law no. 62/2011 of the social dialogue, in conjunction with Article 36 paragraph 3 of Law no. 304/2004 regarding the judicial organization, constitutes the common law applicable to the litigations regarding the work relations of the civil servants. From this general norm derogates the special norm provided by Article 536of GEO no. 57/2019 on the Administrative Code, which confers the competence to resolve disputes regarding the work relations of civil servants in favor of the administrative and fiscal disputes division of the court, except for some of them, including the work relations of...