The Nature of Legal Acts Issued under Law No. 206/2004 on Good Conduct in Scientific Research, Technological Development and Innovation: From Administrative Litigation to Labor Law Disputes

Anamaria Groza ()
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Anamaria Groza: Faculty of Law, University of Craiova; Judge Craiova Court of Appeal, Romania

Review of Law and Social Studies, 2024, vol. 1, issue 1, 4-13

Abstract: Law no. 206/2004 regulates the principles and procedures in the field of ethics in scientific research, technological development and innovation activities, as well as the sanctions that may be applied to persons in case of breach of the rules of good conduct. The competence for the administrative settlement of an alleged act falling under Law no. 206/2004 lies with the institutions that are part of the national research-development (R&D) system, the units and/or institutions that conduct R&D programs, as well as the units that ensure the exploitation of the results, and the National Ethics Council. In judicial practice, the problem of the material jurisdiction of the courts in the case of challenging acts issued by these institutions/authorities has been raised. Through the jurisdiction rules issued, the Court of Cassation has established the jurisdiction of the administrative contentious courts when challenging either only decisions issued by the Ethics Council or decisions of this authority. On the other hand, the jurisdiction over legal acts issued only by the employer in application of Law no. 206/2004 has not yet been settled in a uniform manner at the highest court level, with solutions oscillating between administrative contentious and labor law disputes. The aim of the article is to analyze the dividing lines between the two types of court actions, starting from a particular case.

Keywords: administrative act; administrative litigation; disciplinary sanction; employment relationship; employment law disputes. (search for similar items in EconPapers)
JEL-codes: K41 (search for similar items in EconPapers)
Date: 2024
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