Răspunderea autorităților în Noua Filozofie a Codului Administrativ. Cod civil versus Cod administrativ. Puncte de „intersecție”
The responsibility of authorities in the New Philosophy of the Administrative Code. Civil Code versus Administrative Code. Points of "intersection"

Summary/Abstract: Society has always been concerned with the issue of liability. "Responding" was and still is an imperative of society. In our law there was no express regulation of the administration's liability for its illegal acts. However, there are a series of decisions of the High Court of Cassation and Justice that decided to engage the state's liability even in the conditions where it could not be imputed to it, the damage being caused in the exercise of a normal and legal activity. For the first time this type of liability – administrative – is dealt with in the provisions of the Administrative Code. The present article will ask the question whether this intervention was (imperially) necessary or the existing legal instruments (Law no 554/2004 on administrative litigation, the Civil Code and judicial practice) were sufficient in determining the scope of the subjects and the particular conditions in which they respond or this legislative activity, as the main way of implementing public policies, should have provided necessary, precise, concrete tools for the solutions pronounced in the matter of liability.

• Details
• Contents