CASE-LAW OF THE EUROPEAN CIVIL SERVICE TRIBUNAL: RE-STARTING OR CONTINUATION (original) (raw)
Related papers
THE SEPARATION AND REFLEXIVITY OF CIVIL SERVICE LAW
Curentul Juridic, 2019
The civil service law is a very complex area of the legal system. This regulation stays between civil law and public law. We would like to analyse this duality in our paper. The new tendencies move in opposite ways. The civil service law approximates to the labour law in one part of the countries and in the international context as well. This approximation happened the effect of New Public Management. The other tendency is the politicization of the civil service law. The result of the effect of politicization of the civil service law is a particular Hungarian system. The regulations are changed in the last five years many times, and established an special public law interpretation.
2013
Abstract: The article examines the first two decisions of the Court of Justice of the EuropeanUnion on Article 6 of the Rome Convention on the law applicable to employment contracts.The author underlines the effort of the Court in giving raise to a well integrated European systemof conflict of laws and international procedure’s rules. Building on the value given by the Court to itsprevious case law on grounds for jurisdiction in employment contracts, the author then argues that sucha system is thoroughly oriented towards a substantive (not formal) construction of conflict of laws’rules,in view of attaining the aim of protection of the employee. Key words : Rome Convention on the law applicable to contractual obligation, notion of «habitualplace of work», employees performing their work in more than one State. Estratto : Il contributo esamina le prime due sentenze nelle quali la Corte di giustizia dell’Unioneeuropea interpreta l’art. 6 della Convenzione di Roma, relativo alla legge a...
EU Staff at a crossroads: European Civil Service Tribunal or European Ombudsman?
Short paper on the meaning of allowing EU officials and servants to lodge complaints with the EU Ombudsman and to bring suits against the EU institutions before the European Civil Service Tribunal as far as employment disputes are concerned. This will be the starting point to assess the mutual influence, the peculiar role and the different purpose of the two institutions in light of the general objective of enhancing good administration in the EU polity.
Theoretical approach of the main means of appeals in the European procedural law
Knowledge and understanting the means of appeals lodged before the courts of the European Union, limited only to the points of law, are very important taking into accout the modality to control a judgment delivered by an inferior court exists since ancient times, being governed among others, by the Larin principle: res judicata pro veritate accipitur. In the following we will examine, in general, the judicial control of the judgments and orders delivered by the General Court and by the Civil Service Tribunal, as a specialized tribunal on civil servant issues, but also the sui generis means of appeals and the extraordinary means of reviews of the judgments and orders. We shall mention that all of them are exercised in accordance with the Rules of Procedure of the European courts and the Statute of the Court of Justice of the European Union. Another aspect to be mentioned is that the judgements of the Court of Justice cannot be challenged to another court, as they remain final and irrevocable.
2011
In the following study, the author makes a relative ly exhaustive analysis of the provisions of book IV in the new Romanian Civil Pro cedure Code (Law no. 134/2010, a Code already published (on 15 July 2010 ) in the Official Journal of Romania, but not yet in force. In this context, the author examines the provisions of “About arbitration” (art. 533-612) in the new Romanian Civil Procedure Code, (with a special focus on the institutionalized commercial arbitration) in relation both to the corresponding provisions in the current Romanian Ci vil Procedure Code, and to the provisions contained in the Rules of Arbitratio n of the Court of International Commercial Arbitration attached to the Chamber of C ommerce and Industry of Romania.