Abstract
A fundamental act for the Romanian administration was adopted in July 2019, namely the Administrative Code, which came into the legal landscape with the declared intention of contributing to the modernization of public administration, systematizing the legislation in the field and bringing more unity to the organization of law enforcement and to its concrete execution. The text transposes in a clear and unitary form, a series of already existing regulations, in separate normative acts, but also adds new legal institutions that contribute to increasing the coherence of the administrative activity. This paper aims, on the one hand, at analyzing an institution that comes as a novelty in the Romanian regulatory framework, the administrative liability, as form of liability specific to administrative law and, on the other hand, it is a brief analysis of a form of liability missing from the text of the Code, namely the ministerial liability.
Highlights
ISSN: 2668-7798 www.techniumscience.com going through various different regulatory variants depending on the law of the states in which it was applied
In Romania, the administrative liability appeared for the first time in the content of the Law for the establishment of the State Council which provided for the possibility of an individual - natural or legal person to obtain compensation for damage caused by the administration, the regulation being later present in the documents organizing the High Court of Cassation and Justice
The regulation of administrative liability in the Administrative Code The importance that the Code gives to the institution of administrative liability results from the way in which it is presented from the beginning of the regulation, appearing as one of the objects of regulation: the content of art. 1 stipulates: “This code regulates the general framework for the organization and functioning of public administration authorities and institutions, the status of their staff, administrative liability, public services, as well as some specific rules on public and private property of the state and administrative-territorial units [9]
Summary
ISSN: 2668-7798 www.techniumscience.com going through various different regulatory variants depending on the law of the states in which it was applied. In a correct legal technique, from the proximate gender to the specific difference, legal liability is first defined, as “the form of social liability established by the state, following the violation of legal regulations through an illicit fact and which determines the bearing of corresponding consequences by the guilty party, through the use of the coercive force of the state in order to restore the rule of law, violated” [15], the legislator further specifying the forms that legal liability may take in administrative activity, for deeds committed by public administration staff, respectively dignitaries, officials, public contractual staff, and other categories of staff from the central and local public administration authorities
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
