Second appeal. Legal relationship of public office. Classification of the means of challenge. Grounds for quashing

JURISPRUDENȚĂ COMENTATĂ ȘI ADNOTATĂ

Abstract

In the event of a challenge other than the legal one, correctly indicated in the judgment under appeal, the appeal must be qualified and not reclassified. An appeal against a decision given by the administrative court in a civil service case must be qualified as a second appeal and solved as such.

The ground of second appeal based on Article 488, para. 1, item 1 of the Civil Procedure Code, in disputes concerning the relations of civil servants with the authority to which they belong, as the composition of the panel is specific to administrative disputes, and Article 55, para. 1 of Law No. 304/2004 is not applicable, which states that for the resolution at first instance of cases concerning labour and social security disputes, the panel shall consist of a judge and 2 judicial assistants.