CRITICAL CONSIDERATIONS REGARDING THE REGULATION OF ADMINISTRATIVE-PATRIMONIAL LIABILITY
CRITICAL CONSIDERATIONS REGARDING THE REGULATION OF ADMINISTRATIVE-PATRIMONIAL LIABILITY

Author(s): Dan Constantin Mâţă
Subject(s): Law, Constitution, Jurisprudence, Administrative Law
Published by: Editura Universităţii »Alexandru Ioan Cuza« din Iaşi
Keywords: administrative liability; patrimonial liability; administrative act; public service; fault;
Summary/Abstract: Administrative-patrimonial liability is one of the forms of administrative liability, along with administrative-disciplinary liability and administrative-contraventional liability. Under the conditions of administrative-patrimonial liability, the state and the administrative-territorial units undertake to repair the damage caused to an individual by a specific wrongdoing: a judicial error, the improper provision of a public service, the issue of an illegal administrative act. It can have both a subjective character, when the fault of the responsible public authority must be proved, as well as an objective character, when the liability is committed without the condition of proving the fault. The administrative-patrimonial responsibility is characterized by a remedial sanction. The Administrative Code is the first Romanian normative act that provides a general regulation of the administrative-patrimonial responsibility. The normative text defines this form of liability and establishes the main conditions for its existence. In addition to liability for judicial errors and illegal administrative acts, which previously benefited from regulation, the Administrative Code provides for the first time expressly the liability for deficiencies in the public service. Beyond these beneficial aspects, the current regulation is very brief and contains some contradictory elements.The article analyses the general regulation of the administrative-patrimonial responsibility in the Romanian law with the highlighting of the specific elements and of the implications of theoretical and practical nature.

• Details
• Contents