Analiza consecinţelor juridice determinate de Legea nr. 140/2017 cu privire la răspunderea patrimonială a aleşilor locali, a funcţionarilor publici şi a personalului contractual din administraţia publică loc
Examination of the legal consequences determined by Law no. 140/2017 regarding the patrimonial liability of the local elected representatives, of the civil servants and of the contractual staff of the local public administration

Summary/Abstract: Identifying the legal consequences of Law no. 140/2017 amending article 128 of the Law no. 215/2001 and article 55 of the Law no. 393/2004, within the patrimonial responsibility of local elected officials, civil servants and contract staff in the local public administration, in 2nd item of this study, has allowed us to find and describe some major mutations in the way of manifestation of these legal consequences identified in terms of administrative – patrimonial liability or civil-patrimonial liability in the local public administration. The regulation in article 128, paragraph 2, paragraph 3, paragraph 4 and paragraph 5 of the Law no. 215/2001, regarding the local public administration, republished, with the subsequent modifications and completions, of the cause for the removal of the patrimonial responsibility of the executive authorities of the local public administration, mayors, presidents of county councils or persons empowered according to article 55, paragraph 8, item 1 and article 99, paragraph 9 of the above mentioned law, for restricted release or approval according to the intended purpose determined in item 2.4 of this present, administrative acts of authority definitively canceled as illegal, violate constitutional norms and the principles of administrative law and civil law. As regards the patrimonial liability of civil servants and contract staff in the local public administration, it was expressly regulated that it refers both to the elements of opportunity which constitute aspects of the lawfulness of administrative acts adopted or issued in restricted release by the local public administration authorities, but including those approved in the sense determined by us in item 2.4, but covers all preadministrative operations except for the opinions given by the specialized committees of the local or county councils, concurrent or subsequent necessary for adoption or issuance in a restricted release or for approval, according to item 2.4 of the study, of the administrative acts of authority by the local public administration authorities. Only by overthrowing the legal presumption of innocence of the local public administration authorities, according to article 76, paragraph 2 of the Law no. 188/1999, republished, with the subsequent modifications and completions, in conjunction with article 16, paragraph 2 of the Law no. 554/2004, with the subsequent modifications and completions in the case of administrative-patrimonial liability or according to article 84, letter „a” or article 84, letter „c” of the mentioned Law no. 188/1999 corroborated with article 1364 and article 1384 of the Civil Code in the case of civil-patrimonial liability, civil servants may be totally or partially exonerated from the patrimonial liability for the administrative acts of authority adopted or issued by the local public administration authorities in violation of the legal provisions.

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