CONSIDERAȚII ASUPRA NATURII JURIDICE A RĂSPUNDERII STATULUI PENTRU ERORI JUDICIARE
CONSIDERATIONS ON THE LEGAL NATURE OF THE STATE’S LIABILITY FOR JUDICIAL ERRORS

Summary/Abstract: In this article, I tried to examine the arguments brought in favor of the theories regarding the civil or administrative legal nature of the State’s liability for damages for judicial errors, as well as regarding the membership of such liability to a given branch of law. In the Romanian law, as well as in the law of other countries, there are controversies regarding the legal nature of the State’s liability for damages for judicial errors, which is reflected both in the doctrine and in the case law. While, at the beginning, the State’s liability was considered to be of civil nature, over the years, ever more law systems have started to consider this liability as administrative. In the Romanian case law, the decisions issued to repair the damages caused by judicial errors made reference to the provisions of art. 998 and 999 of the Civil Code. Nevertheless, recently, the Supreme Court considered such references were erroneous, since the State’s liability is committed in virtue of special laws, namely art. 504-507 of the Criminal Procedure Code and art. 96 of Law no. 303/2004, taking into consideration that it is a liability related to public law and not to civil liability for offenses. We consider the nature of this liability is civil, which triggers the need to meet some elements that are specific to the objective civil liability, since it is a question of repairing the damage caused to a person and the regulation of public law rules thereof is not likely to change the nature of the liability. In relation to the New Civil Code, it shall be considered that the State’s liability for judicial errors shall be a liability for the action of a third party, regulated by the provisions of special laws, with reference to the principles of civil liability for offenses.

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