Disciplinary research for certain categories of civil servants

• Author: Catalin Vasile
• Pages: 58-69

DISCIPLINARY RESEARCH FOR CERTAIN CATEGORIES OF CIVIL SERVANTS

Lecturer Ctlin VASILE

1

Abstract

Public servants have to fulfill their tasks with a conviction arising from his rat ional understa nding. They are

responsible both for damages caused by institutions, for wrongful a cts, so-called a nonymous, and for all personal

offenses, and their liability is pr ovided by different nor ms. The common thing for a ll categories of public ser vants is

that we can talk about disciplinary liability only after a preliminary investigation.

Key words: public servant, misconduct, disciplinary liability, disciplinary sanction, Legal Statute of Public Servants.

JEL Classification: K23

1. Disciplinary research under Law no. 188/1999

2

A disciplinary sanction will be legally applied only after a preliminary investigation of the

offense and after hearing public servant [Article 66 paragraph (3)]

3

.

Disciplinary committees investigate and propose a sanction for a public servant (Article

67 of Law no. 188/1999 and Government Decision no. 1344/2007 on rules of organization and

functioning of disciplinary committees

4

). Their activity is based on the following principles:

 presumption of innocence;

 guaranteeing the right to defense;

 rapidity of the procedure;

 contradictory;

 proportionality (ensuring proportionality between the seriousness of the offense and the

proposed sanction to be imposed);

 the legality of the disciplinary sanction;

 uniqueness disciplinary sanction.

The commission is headed by a chairman appointed by the head of the authority or

institution, in consultation with the trade union or, where appropriate, of civil servants. Part of the

disciplinary committee is also a representative of the trade union or, where appropriate, a

representative designated by a majority of civil servants, if the union isn’t representative or

servants aren’t organized in trade unions [Article 67 paragraph (2) and (3) of Law no. 188/1999].

If the servants are senior, the disciplinary committee is composed of five senior civil

servants, appointed by the Prime Minister at the proposal of the Minister of Interior and

Administrative Reform [Article 67 paragraph (4) of Law no. 188/1999].

Committee’s jurisdiction is legal determined – Article 67 paragraph (1) of Law no.

188/1999 – and consists of:

 research facts that disciplinary hearing;

 the proposed sanctions public officials found guilty.

Disciplinary sanctions are applied to the person who has legal powers to appoint to public

office, to the Board proposal, except reprimand which is directly applied by the person who has

1

Ctlin Vasile, „Alexandru Ioan Cuza” Police Academy, Bucharest, catalin.vasile@academiadepolitie.ro

2

According to the Statute of Civil Servants, republished in the Official Gazette of Romania, Part I, no. 365 of May 29, 2007,

amended, including by Law no. 284/2010 (published in Official Gazette of Romania, Part I, no. 877 of 28 December 2010).

3

High Court of Cassation and Justice, Department of Administrative and Fiscal Decision no. 3434/2003 (published in Alexandru

iclea, Laura Georgescu, Ana Cioriciu, Vlad Barbu, Dreptul public al muncii, Wolters Kluwer, Bucharest, 2010, p. 380) - the

sanction is conditional, subject to cancellation by performing preliminary investigation and hearing civil servant.

4

Published in the Official Gazette of Romania, Part I, no. 768 of November 13, 2007, as amended.