THE LEGAL ITINERARY OF THE IMPUTATION DECISION
THE LEGAL ITINERARY OF THE IMPUTATION DECISION
Author(s): Ioana Panagoreţ, Ivan Vasile IvanoffSubject(s): Law, Constitution, Jurisprudence, Constitutional Law, Administrative Law
Published by: Editura Bibliotheca
Keywords: decision of the Constitutional Court. the material responsibility of the military. the imputation decision. assessments on the exceptions regarding the interpretation of the rules. proposals for de lege ferenda.
Summary/Abstract: The analysis that the article makes on this subject is suggested by a recent Decision of the Constitutional Court no. 649/2022 which decriminalizes material responsibility and the existing imputation decision in the area of material responsibility of the military supported by GEO no. 121/1998 and which opens the opportunity to make references to the still maintenance, within the Administrative Code approved by GEO no. 57/2019, of the imputation decision as a means of recovering the damage caused by the public servant to his employer. Parallel to this aspect, a new problem arises that needs to be clarified namely, whether the effects of such a decision of the Constitutional Court are also relevant on other normative acts that have not yet been the subject of the Constitutional Court's debate and which would require to be done in the spirit of respecting the legal logic of a unitary law system.
Journal: Valahia University Law Study
- Issue Year: 2023
- Issue No: SI
- Page Range: 160 - 165
- Page Count: 6
- Language: English
