Decision no. 405/2016 of the Constitutional Court of Romania established new standards of clarity and predictability in the matter of abuse of office, related to the duties of the active subject of this crime. If, immediately after the appearance of this reference decision, the issue of the impossibility of mentioning, exclusively by means of a primary legislative act, the duties of the service, transforming the normative act into a rea...

The quality of the active subject of the bribery offense that can be retained to the bank clerk is based on the logical-legal argument that the duties he performs are subject to the control of a public authority, which recognizes that at least in terms of the importance of this activity type of official we place ourselves in an area of authority and public interest. If at the beginning the legislator placed the bank clerk among the pri...

The quality of the active subject of the bribery offense that can be retained to the bank clerk is based on the logical-legal argument that the duties he performs are subject to the control of a public authority, which recognizes that at least in terms of the importance of this activity type of official we place ourselves in an area of authority and public interest. If at the beginning the legislator placed the bank clerk among the pri...

In this article, the author analyzes the disciplinary liability of civil servants – a form of legal liability. Disciplinary offenses committed by this category of staff, sanctions and the procedure for their application shall be taken into account.

In this article, the author analyzes the civil liability of civil servants – a form of legal liability that resides in a legal relationship of obligations in which the responsible person must repair the unfair damage suffered by another person. The conditions and cases of civil liability, as well as the procedure for establishing and recovering damages, are taken into account.

The civil servant can impugn disciplinary sanction at the administrative court. It may address the court to cancel the action without the need for prior complaint. However, this procedure is necessary only in the event last disciplinary namely dismissal from the public. Trial procedure is conducted in accordance with the Code of Civil Procedure.