Unconstitutionality of Exoneration from Legal Liability of Local Dignitaries

Ioana Panagoret () and Vasile Ivan Ivanoff ()
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Ioana Panagoret: Valahia University of Targoviste
Vasile Ivan Ivanoff: Valahia University of Targoviste

Chapter 29 in International Conference Globalization, Innovation and Development. Trends and Prospects (G.I.D.T.P.), 2020, vol. 10, pp 262-268 from Editura Lumen

Abstract: The present study highlights the unconstitutionality of art. 128 of the Law no. 215/2001, as introduced by Law no. 140/2017, since the above-mentioned text only exonerates from liability a wide range of elected local dignitaries, depriving them of any responsibility and deleting from their content the competences and attributions assigned to them by the organic and ordinary laws relevant in this matter. It is for the first time in our legal system when serious legal and constitutional threats are being created, bringing over a lawful category of public officials, seriously infringing Article 16 of the Constitution. It surprises the inefficiency of the People's Advocate and of the Constitutional Court in analyzing the constitutionality of this text of the law both a priori and subsequent of its adoption. In the situation of the changes to Article 128, does it somehow place us in this paradigm of the elimination of liability, because there is "too much responsibility"? We think it is not appropriate to draw such a conclusion! The arguments invoked by us in this study do nothing to converge with the doctrinal opinions already expressed in the literature and to support the quasi-unanimity of the existing opinions regarding the unconstitutionality of the above mentioned law.

Keywords: disclaimer; liability; responsibility; local elected officials; breach of the principle of legality (search for similar items in EconPapers)
JEL-codes: D8 F6 I2 O1 O3 (search for similar items in EconPapers)
Date: 2020
ISBN: 978-1-910129-23-4
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Persistent link: https://EconPapers.repec.org/RePEc:lum:prchap:10-29

DOI: 10.18662/lumproc/gidtp2018/29

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