Theoretical and practical aspects on liability in administrative law
Theoretical and practical aspects on liability in administrative law

Author(s): Iulian Nedelcu
Subject(s): Public Administration, Public Law
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: legal liability; liability in administrative law; social responsibility; public servants;
Summary/Abstract: Human behavior has a diverse sphere of manifestation, but with all the complexity of behavior, man is referring to some principles, norms, values within the limits of what he considers to be good - bad, allowed - not allowed, right - unfair, licit-illicit. At the moment of choosing the individual's choice for a certain behavior (of all possible), the mechanism of establishing its social responsibility is triggered. This is dueto its rational capacity to opt for a certain behavior, knowing, or having to know that the deed falls within the limits of generally accepted principles, and will have to bear the consequences for its negative conduct. Legal liability is the most serious form of social responsibility. Traditionally, legal liability is considered as a fundamental institution of law, an institution that tends to occupy the center of law in its entirety. Referring to this idea, Louis Josserand argues that in every matter, this problem of responsibility, in public law and in private law, in the field of persons or family, and in the field of goods, is at all times and of all situations, responsibility becomes the common neuralgic point of all our institutions, reflecting the stage of evolution of the whole society, the level of social conscience and responsibility. Legal responsibility, irrespective of the legal branch to which we report, has both a preventive educational purpose and a sanctioning purpose, meaning by this last aspect and the character of the remedy in case of material and/or moral damages.

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