Implications of invoking the public policy ground of appeal under Article 488 (1) (1) of the New Code of Civil Procedure on the jurisdiction of the referring court

Some procedural and substantive law aspects of invoking the invalidity of addenda to the employment contract

Abstract

The analyzed problem brings into discussion the effects of successive amendments to Law no. 101/2016 on remedies and appeals in the matter of awarding public procurement contracts, sectoral contracts and works concession and service concession contracts, as well as for the organization and the operation of the National Council for the Resolution of Appeals on the section competent to resolve the appeal directed against a decision pronounced by the Tribunal in the first instance in a dispute whose object is the execution of an administrative contract. Taking into account the rulings contained in the Decision of the H.C.C.R. for the resolution of a legal issue no. 40/2020 and in relation to the invocation by the supreme court, ex officio, of the ground for annulment provided by art. 488 paragraph 1 point 1 NCPC, two possible jurisprudential guidelines are highlighted regarding the section competent to resolve the case in full appeal after the annulment with referral for retrial in the legislative context applicable at the time of the case.

Keywords: administrative contract, effects of the annulment decision, the civil section, disputes with professionals, appeal, composition of the court.