Patrimonial Liability of Romanian Magistrates
Patrimonial Liability of Romanian Magistrates
Author(s): Mihaela SimionSubject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwo Uniwersytetu Gdańskiego
Keywords: damage; judical error; liability; magistrates; state recourse
Summary/Abstract: In this article, the author analyzes the institution of magistrates’ material and civil liability, dealing only in a tangential manner with aspects of criminal or disciplinary liability. The author reviews the internal regulations that make up the regulatory framework of the institution, by underlining the recent amendments brought to the mechanism of engaging magistrates’ patrimonial liability through the provisions of the law on the status of judges and prosecutors. More specifically, we analyze some aspects regarding the engaging of civil liability – only in the event of judicial error, conditions of admissibility, and the proceedings of actions in finding judicial error aimed against the Romanian state, as well as in the event of the state’s recourse against a magistrate suspected of having committed a judicial error.
Journal: Gdańskie Studia Prawnicze
- Issue Year: 4/2020
- Issue No: 48
- Page Range: 106-118
- Page Count: 13
- Language: English