This article aims to identify the particularities that affect the burden of proof in disputes judged according to the rules governed by the Administrative Litigation Law no. 554/2004, in correspondence with the analysis of the legislator’s will regarding the mentioned institution which, over time, during the civil process, granted the public authorities, in the disputes concerning public officials, an atypical position compared to the ci...

The notion of „civil servant” and its relationship with the public authority, in all its forms of manifestation, is critically relevant in view of the fact that it is the active subject of the bribery offense. At the same time, the regulations in the administrative legislation, as well as the decisions of the Constitutional Court of Romania and of the High Court of Cassation and Justice, clarify the scope of the understanding of ...

The working relations of the active subject of the offence of abuse of office constitutes an essential condition for its existence. The judicial nature, the regulating means or the origin of these reports are not relevant from the point of view of criminal liability. Thus, it is not critical that the working relations originate from the law or from a contract. However, the judicial nature of these working relations involves an an...