The Liability of Local Elected Representatives

• Author: Vasilica Negrut
• Pages: 111-115

Legal Sciences in the New Millennium

111

Legal Sciences in the New Millennium

The Liability of Local Elected Representatives

Vasilica Negruţ1

Abstract: In this study we propose, based on the laws and jurisprudence, to highlight the issues of the legal

liability of local elected officials in their own behalf and joint and several. To this effect we consider that we

have to start from the status of the local elected officials, established by article 51, paragraph (1) of Law no.

215/2001, which states that in “the exercise of their mandate, the local councilors are serving the local

community.” This aspect is developed by the special regulation in the field, Law no. 393/2004 on the Statute

of local elected officials, which in article 1 indicates the subject of this legislative act, namely “establish ing

the terms for the exercise of the mandate by the elected lo cal officials, the rights and obligations under the

entrusted mandate”.

Keywords: mandate; elected officials; liability; penalties

1. Introduction

In article 3 of Law no. 393/2004 it specifies that “the participation of the local elected representatives

to the authorities’ activity of local public administration has a public and legitimate feature, being

related to the general interests of the community in which they exercise their mandate. In exercising

the mandate, the local elected officials are serving the local community and they are accountable to

it.”

These provisions are complemented by articles 20-23 of Law no. 393/2004, which highlight the fact

that local elected representatives2 cannot be held liable for the political opinions expressed in the

exercise of mandate, at the meetings of local councils or county or within the assignments given by the

council (in the case of councilors) and the exercise of duties provided by law (in the case of mayors

and deputy mayors), being guaranteed the freedom of opinion and action under the mandate.

1 Professor, PhD, Dean of Faculty of Law, “Danubius” University of Galati, Romania, Address: 3 Galati Boulevard, 800654

Galati, Romania, Tel.: +40.372.361.102, fax: +40.372.361.290, Corresponding author: vasilicanegrut@univ-danubius.ro.

2 When referring to “elected local officials/representatives” we consider local councilors and county councilors, mayors,

including the general mayor of Bucharest, vice presidents and vice presidents of county councils. Law on the Statute of local

elected officials no. 393/2004 assimilates with elected local officials and village delegate (Preda, 2007).