Reglementarea „răspunderii administrative” în Codul administrativ – o tentativă „improprie”?
The regulation of „administrative liability” in the Administrative Code – an „improper” attempt?

Summary/Abstract: The Administrative Code, approved by the Emergency Ordinance no. 57/2019, is one of the most important, but also controversial normative acts adopted in the last period. The present study aims to analyze, in a synthetic way, the general provisions regarding the “administrative liability” contained in Part VII of the Code. From a critical perspective, these regulations present positive elements, but also serious deficiencies or inadvertencies. For example: some of the assumptions envisaged in the Code do not, in fact, fall within the scope of administrative liability; the definitions provided are questionable and inaccurate; some concepts (such as “guilt”, “risk” etc.) are used inappropriately; some solutions are not the most appropriate ones; the conditions for engaging the liability (especially in the case of deficiencies in the organization and functioning of the public services) should be rethought and/or nuanced.

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