THE LEGAL LIABILITY OF LOCAL ELECTED OFFICIALS AND CIVIL SERVANTS IN THE VIEW OF LAW No. 140/2017. ASPECTS REGARDING THE CONTENT AND UNCONSTITUTIONALITY OF THE REGULATION
THE LEGAL LIABILITY OF LOCAL ELECTED OFFICIALS AND CIVIL SERVANTS IN THE VIEW OF LAW No. 140/2017. ASPECTS REGARDING THE CONTENT AND UNCONSTITUTIONALITY OF THE REGULATION

Summary/Abstract: Law no. 140/2017 introduces a new conception in the Romanian legal order regarding the liability of local elected officials and civil servants from the specialized body of the mayor or of the county council. Practically, the center of responsibility moves towards the servants from local public administration, the local elected officials being, in some cases, exonerated from liability. The newly enacted normative act will have multiple implications both on the rule of law and on the status of the civil servant and of the local elected officials. Through its legislative solutions, Law no. 140/2017 replaces joint and several liability with the exclusive liability of the subjects of law, in some cases removing the issuer of the administrative act from the liability equation. By the way it was adopted, and also by the legislative solutions it proposes, the law as a whole violates the constitutional provisions.

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