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Disciplinary liability of civil servants. Aspects of the administrative and judicial practice

Luciana Bezeriță Tomescu ()
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Luciana Bezeriță Tomescu: Athenaeum University, Bucharest, Romania

Internal Auditing and Risk Management, 2018, vol. 50, issue 2, 20-32

Abstract: This study reviews some aspects of the administrative and judicial practice regarding the disciplinary liability of civil servants, drawn by the commission of a disciplinary offence which, according to law, is the guiltily violation of the civil service duties and the rules of professional and civic conduct prescribed by law. The application of the civil servant’s disciplinary sanction must comply with the terms and conditions provided by Law no. 188/1999 on the Statute of civil servants, as republished, as well as by the Government Decision no. 1344/2007 for the approval of the Rules of organization and functioning of the disciplinary committees. It is in the jurisdiction of the courts to verify the lawfulness of the administrative deed for the application of the disciplinary sanction in terms of compliance with the relevant regulations. The reports on the monitoring of observance of the rules of conduct by civil servants and the implementation of disciplinary procedures prepared and published by the National Agency of Civil Servants, following the collection of data transmitted by public authorities and institutions on court solutions in case the sanctioning administrative deeds are challenged, reveal an increase in the number of cases in which the court annulled the administrative deed by which the disciplinary sanction was applied. Even though these reports mainly contain statistical data, they are considered as monitoring tools that can lead to the improvement and increase of the civil service quality.

Keywords: civil servant’s disciplinary liability; application of disciplinary sanction; limitation period; sanctioning administrative deed; obligation to describe the deed; absolute nullity sanction; solutions of the courts (search for similar items in EconPapers)
JEL-codes: K4 K40 (search for similar items in EconPapers)
Date: 2018
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Handle: RePEc:ath:journl:v:50:y:2018:i:2:p:20-32