Consideraţii privind repararea pagubelor produse prin acte administrative
Considerations Regarding the Repair of Damages Caused by Administrative Acts

Author(s): Adrian-Remus Ghiculescu
Subject(s): Law, Constitution, Jurisprudence, General Reference Works, Source Material, Administrative Law
Published by: Universul Juridic
Keywords: civil liability; administrative-patrimonial liability; solidarity patrimonial liability; administrative act; compensation;
Summary/Abstract: The article briefly examines the problem of repairing the damages caused to the persons injured by administrative acts, by the unjustified refusal to solve a request or by the failure to solve it in time. In applying the dispositions of art. 52 paragraph (1) of the Romanian Constitution, the public authorities and institutions are responsible for patrimonial damages, for material or moral damages caused by administrative acts, in typical or assimilated form. This administrative-patrimonial liability is doubled by the joint and several patrimonial liability of the dignitary, civil servant or contract staff for the material or moral damages caused by administrative acts. The legal provisions confer a passive procedural quality to the person who contributed to the elaboration, issuance, adoption or conclusion of an administrative act only if it is called in court together with the public authority and only in the case where the request for a court has the object, besides the cancel of the act administrative or obliging the public authority to solve a request, and the payment of damages for the repair of the damages by the typical administrative act or assimilated. The right of the person injured by an administrative act to repair damages, material or moral, constitutes an essential guarantee for the observance of the fundamental rights and freedoms guaranteed by the Romanian Constitution.

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