ASPECTS REGARDING THE LIABILITY PRESCRIPTION OF A PUBLIC SERVANT INVESTIGATED BY NATIONAL INTEGRITY AGENCY
ASPECTS REGARDING THE LIABILITY PRESCRIPTION OF A PUBLIC SERVANT INVESTIGATED BY NATIONAL INTEGRITY AGENCY

Author(s): Sandra Grădinaru
Subject(s): Law, Constitution, Jurisprudence, EU-Legislation
Published by: Editura Universităţii »Alexandru Ioan Cuza« din Iaşi
Keywords: public servant wealth research; exception of unconstitutionality; national integrity agency; the presumption of lawful acquisition of property;
Summary/Abstract: Law no. 115/1996 for the declaration and control of the wealth of dignitaries, magistrates, persons with management and control positions and civil servants does not provide a statute of limitation for integrity inspectors to carry out investigations on the assessment of the assets of a public servant. The purpose of the research carried out by the inspectors of the National Integrity Agency is to ascertain whether the public official has acquired sums of money that he cannot justify, thus ordering the confiscation of unjustified wealth. In case of finding the acquisition of property unjustified, the presumption of its acquisition arises as a result of the commission of an illegal act.The commission of an illegal act will entail the legal liability of the public servant. Legal liability (regardless of its nature, administrative, criminal, etc.) presupposes a violation of a legal provision, which gives rise to a legal report of constraint that has the state, on the one hand, and the person who violates the legal provisions, on the other hand. The content of the legal relationship consists of the State’s right to hold the person who violated the legal provisions by applying the appropriate sanction and the obligation of the person concerned to execute the sanction imposed. Regardless of the nature of the legal liability, the legislator provides a statute of limitation, which, following its fulfillment, the legal liability is removed. The fulfillment of the limitation statute for the commission of an unlawful act also implies the impossibility of establishing the guilt of the public servant, thus determining the impossibility of drawing the consequences of finding this act. However, in the current regulation, Law no. 115/1996 provides with priority the confiscation of wealth found to be unjustified and only later the problem of the public servant’s liability is raised. In case the liability of the public servant cannot be attracted, by the fact that the term of prescription of liability is fulfilled, we find that the sanction of confiscating a private property that cannot be proved as being acquired illegally is contrary to the provisions of article 44 paragraph 8 of the Constitution

• Details
• Contents