Recovery of the loss discovered upon the Court of Audit control – between special norms and principles Cover Image
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Repararea prejudiciului constatat în urma controlului Curții de Conturi – între norme speciale și principii
Recovery of the loss discovered upon the Court of Audit control – between special norms and principles

Author(s): Simona Gherghina, Dan Drosu Saguna
Subject(s): Law, Constitution, Jurisprudence
Published by: C.H. Beck Publishing House - Romania
Keywords: public funds; efficiency; efficacity; control; loss recovery

Summary/Abstract: As several control criteria – legality, regularity, efficiency, efficacity and economicity - are used by the Court of Audit for identifying potential losses from public funds, their impact on the recovery of such losses is a major incertainty derived from the current drafting of the applicable regulation. Whilst it is clear that any breach of legality and regularity may be the basis of a further loss recovery action, such effect is uncertain if an operation involving public funds is found to be inefficient, or lacks efficacity or economicity. This study explores the application of the general principles of non-contractual liabity in addition to the special norms detailing the legal effects of the control, aiming to provide a clearer interpretation tool for determining the limits of the loss recovery actions.

  • Issue Year: 2013
  • Issue No: 03
  • Page Range: 136-140
  • Page Count: 6
  • Language: Romanian