This study aims to analyze the changes in the legal regime of disciplinary liability of public services. Both the old Law no. 188/1999 on the Statute of civil servants by art. 79, as well as the Administrative Code, in its first form, referred to a Government decision on the organization and functioning of Disciplinary Boards. The Constitutional Court, by Decision no. 737/2020 declared the provisions unconstitutional. This situat...

Law no. 337/2018 on the statute of the labour inspector regulates the statute of civil servants appointed to the specific public position of labour inspector, namely the specific rights, duties and incompatibilities applicable to the labour inspector. This study attempts to analyze the main aspects that have been regulated, by reference, among others, to the provisions of Law no. 108/1999 for the establishment and organization of the Lab...

The Data Protection Officer is not a new institution, being previously provided for in the text of the Data Protection Directive 95/46/EC. The Regulation (EU) 2016/679 recognizes this position as a key-actor within the new Data Protection system both through the obligation of its nomination by the public authorities or organisms, or by operators or persons designated by them, and through its professional experience and preparation, resp...

In the judicial practice, different opinions emerged with regard to the possibility of the employee/civil servant to request the declaration of the absolute nullity of the collective labour agreement/contract when the damage is determined within the property of the employer, through a control act of the Court of Accounts. In solving this issue of law, the High Court of Cassation and Justice intervened by decision no. 17/2016 (the panel ...

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 ...