An Appeal Against a Judgment of the Court of Appeal - Labor Disputes and Social Security Section is Admissible?

Author:Angelica Rosu
Position:Associate Professor, PhD, Danubius University of Galati, Romania
Pages:463-474
ISSN: 2067 9211 Miscellaneous
463
An Appeal Against a Judgment of the Court of Appeal - Labor Disputes
and Social Security Section is Admissible?
Angelica Rosu1
Abstract: 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 t he 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.
Keywords: Legality of the appeal; admissibility of the appeal; nature of the dispute; principle of legal certainty;
right of access to the court
A. Question of law Under Discussion
This approach aims to identify an answer to the following question: an appeal against a decision rendered
in appeal by the Court of Appeal - Labor Disputes and Social Security Section may be admissible under
the express provision of art. 483 para. (2) Code of Civil Procedure?
The digression into civil procedural matters circumscribed to this matter of law has not only theoretical
connotations, but it is generated, in fact, by a certain cause, and the answer to this question - which tends
to be negative in the practice of the High Court of Cassation and Justice should, in our view, be
circumstantial, with the consideration of the nature of the conflict / dispute / settled by the Court of
Appeal.
B. Relevant Factual Circumstances
In order to argue this point of view, it is essential to state the circumstances of the case as follows:
I. By the application for summons registered on February 23, 2017 before Galati Court, - Civil Division
I, under file no. xxxxx, the plaintiff X, joint stock company whose sole shareholder is G Local Council,
requested an order against the defendants A, B, C, ... (15 defendants) be jointly and severally liable to
pay the amount of 1,300. 783.41 LEI.
1 Associate Professor, PhD, Danubius University of Galati, Romania, Address: 3 Galati Blvd., 800654 Galati, Romania, Tel.:
+40372361102, Fax: +40372361290, Corresponding author: avocatrosu@yahoo.com.

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