LEGAL LIABILITY OF PUBLIC SERVANTS FOR DAMAGES CAUSED TO THE AUTHORITY OR PUBLIC INSTITUTION
LEGAL LIABILITY OF PUBLIC SERVANTS FOR DAMAGES CAUSED TO THE AUTHORITY OR PUBLIC INSTITUTION

Summary/Abstract: According to art. 85 (1) of Law 188/1999 repairing the damages caused to the authority or public institution in the situation referred to in art. 84 let. a and b, is decided through the issuance from the manager of the authority or public institution of an order or a disposition of imputation available within 30 days of the finding of damage. With respect to the breach of dispositions of art. 88 paragraph 1 of Law no. 188/1999 regarding the status of public servants republished, which states that the provision of imputation is issued within 30 days of the finding of damage, related to the legal issue under debate, after review by the Court of Auditors, is estimated an alleged damage, this fact being an undeniable reality that cofroborates with all applicable legislation which substantiates the validity of acts of capitalization audited by the Court of Auditors. The regulation regarding the organization and deployment of the activities specific of the Court of Auditors - at point 5 let. b defines prejudice as a loss provoked to public or private property, to a territorial administrative unit or to one of their public entity. Determining the extent of prejudice and layout measures for its recovery becomes an obligation of the management of the entity audited. The legislator did not provide mood nullity in case of failure of the 30-day term provided in the contract at art. 85 paragraph 1, legal practice and doctrine in the field have argued that absolute nullity of legal and administrative acts operates a file in situations of exceptions more precisely only then when the legislator has expressly provided these sanctions through a legal norm. The deadline of 30 days was determined by the legislator in this case to determine a short term to take measure of quantification of the damage and establishment of the guilt by the manager of the public authority, such as, the qualification provided by the term of 30 days to be analysed in relation to the provisions of art. 85 paragraph 3 of Law no. 188/1999 republished which establishes the right of the manager of public institutions to issue the order or the disposition of imputation within a period of 3 years from the date of damage, the term of 3 years being qualified such as, limitation period. As such, considering that the minute of control of the Court of Auditors does not produce any legal effects by itself this is not an administrative fiscal document, and by the Decision of the Court of Auditors are only defined the measures incumbent to the manager of the public authority at the time of issuing of this administrative document.

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