Theoretical and practical aspects on liability in administrative law

• Author: Iulian Nedelcu
• Pages: 210-215

Theoretical and practical aspects on liability in administrative law

Professor Iulian NEDELCU

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Abstract

Human behavior has a diverse sphere of manifestation, bu t with all the

complexity of behavior, man is referring to some principles, norms, values within the

limits of what he considers to be good - bad, allowed - not allowed, right - unfair, licit -

illicit. At the moment of choosing the individual's choice for a certain behavior (of all

possible), the mechanism of establishing its social responsibility is triggered. This is due

to its rational capacity to opt for a certain behavior, knowing, or having to know that the

deed falls within the limits of generally accepted principles, and will ha ve to bear the

consequences for its negative conduct. Legal liab ility is the most serious form of social

responsibility. Traditionally, legal liability is considered as a fundamental institution of

law, an institution that tends to occupy the center of law in its entirety. Referring to this

idea, Louis Josserand argues that in every matter, this problem of responsibility, in public

law and in private law, in the field of persons or family, and in the field of goods, is at all

times and of all situations, responsibility becomes the common neuralgic point of all our

institutions, reflecting the stage of evolution of the whole society, the level of social

conscience and responsibility. Legal responsibility, irrespective of the legal branch to

which we report, has b oth a preventive educational purpose and a sa nctioning purpose,

meaning by this last aspect and the character of the remedy in case of material and/or

moral damages.

Keywords: legal liability, liability in administrative law, social responsibility,

public servants.

JEL Classification: K23

1. Introductory aspects

The Romanian Constitution contains express provisions regarding the li-

ability and the various forms of legal liability, in general.

A first category of provisions is contained in Title II of the Constitution,

dedicated to Fundamental Rights, Freedoms and Duties.

Article 23 regulates the individual freedom and uses two concepts: "in-

dividual freedom" and "security of a person" which, in the eye of the European

Court of Human Rights, are in a situation of interdependence: "The right to liberty

refers to the physical freedom of the person, and the security to the whole guar-

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Iulian M. Nedelcu - Faculty of Law, University of Craiova, Romania, avocatnedelcu@yahoo.com.