INDEPENDENŢA FUNCŢIONARILOR PUBLICI ÎN INTERPRETAREA ŞI APLICAREA LEGII
INDEPENDENCE OF PUBLIC OFFICERS IN THE INTERPRETATION AND APPLICATION OF THE LAW
Author(s): Gheorghe DobricanSubject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: public servant; independency or autonomy in construing and applying the law; errors in the process of construing and applying the law; legal liability of the public servant;
Summary/Abstract: The independency or autonomy of public servants in construing and applying the law is warranted by the Constitution or by law. By virtue of the independency or autonomy, public servants construe and apply the law according to the own beliefs, being entitled to reject any interference from authorities or persons. Errors of public servants in the process of construing and applying the law can result in their non-criminal legal liability, if the conditions of such legal liability are fulfilled, as the case may be, civil tort or contract, disciplinary, material, taxation or contravention liability, in no case criminal liability for the offence of abuse of office provided by art. 297 par.1 from the Criminal law.
Journal: Universul Juridic
- Issue Year: 2017
- Issue No: 04
- Page Range: 7-12
- Page Count: 6
- Language: Romanian
