Novelty Elements of Administrative Liability Regulated by the Administrative Code

By analyzing the evolution of administrative liability, we can observe that this institution has been difficult to contend in the Romanian doctrine, the opinions expressed in specialized literature varying from the argumentation of its existence to the denial of the identity of the administrative liability forms or of the applicable legal regime. Starting from the idea that one of the most important effects of the public interest, which characterizes the binding relation that arises from an illicit administrative act which affects interests, is the inequality of the parties to this relation, because one of them does not act in its own interest, but in the interests of all, we consider that the proper functioning of the administration is the primary element which prevents damage and liability for it. In our law there was no express regulation of the liability of the administration for its wrongful acts until the entry into force of the Administrative Code (July 2019) – it could conclude, up to that point, that such an act leaves the scope of administrative law and directs it to civil law, which will be resolved as if there were two individuals at issue. We consider that the entry into force of the Code and, by implication, the novelty of such legislative provisions represent a step forward in resolving the system's accountability for the unlawful acts, the correction and improvement of the work that civil servants and contractual staff submit every day in carrying out their tasks.