Răspunderea autorităților publice pentru prejudiciile produse datorită carențelor organizatorice și funcționale ale serviciilor publice
The Liability of Public Authorities for Damages Caused by Organizational and Functional Deficiencies of Public Services

Summary/Abstract: The present paper analyzes the aspects and implications of public authorities' liability in the case of material and moral damages suffered by citizens as a result of organizational and functional deficiencies within public services. The study focuses on identifying and evaluating cases in which state authorities can be considered solely responsible for these damages, highlighting the importance of efficient governance and competent management in public institutions. A scientific research on the liability of public authorities requires both an understanding of the existing legal framework and an investigation of its practical and theoretical implications. In our analysis, we will attempt to answer the following questions: What are the specific legal criteria by which the existence of „organizational and functional deficiencies" in public services in Romania is determined? How is material or moral damage established and quantified in the context of the patrimonial liability of public authorities? What mechanisms exist to ensure transparency and effective accountability of public authorities in the event of damages caused by organizational deficiencies? To what extent does administrative-patrimonial liability ensure a balance between the efficiency of public service and the protection of citizens' rights? What are the challenges in legal practice in demonstrating the causal link between public service deficiencies and the damage caused? What role does jurisprudence play in the evolution of the interpretation and application of the concept of liability for deficiencies in public services in Romania? The article addresses the evolution and complexity of administrative liability within the Romanian legal system, marking the transition from a traditional perception, where administrative liability was often confused with civil or criminal liability, to a distinct and institutionalized recognition.

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