Suspension of public servants - constitutionality issues of article 513 paragraph (1) letter l) of the Romanian Administrative Code
Suspension of public servants - constitutionality issues of article 513 paragraph (1) letter l) of the Romanian Administrative Code

Author(s): Marta-Claudia Cliza, Bogdan-Florin Micu, Laura-Cristiana Spătaru-Negură
Subject(s): Politics / Political Sciences, Law, Constitution, Jurisprudence, Public Administration, Public Law, Administrative Law
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: presumption of innocence; right to work; public servant; Administrative Code; criminal law; suspension of the public employment relationship;
Summary/Abstract: The entry into force of the Romanian Administrative Code has maintained, unfortunately, a controversial legal provision, regarding the suspension of the public servant's employment relationship, in case legal proceedings are taken against the public servant, if commited certain acts. From our perspective, article 513 paragraph (1) letter l) of the Romanian Administrative Code raises serious concerns regarding the presumption of innocence and the right to work of the public servants found in such situation. The present study tries to bring a multidisciplinary legal interpretation of the authors regarding the analysed legal provision and certain arguments for considering this provision able to be declared, soon, unconstitutional.

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