UNELE ASPECTE CONTROVERSATE PRIVIND RÃSPUNDEREA PATRIMONIALÃ CIVILÃ A FUNCȚIONARILOR PUBLICI CARE AU CONTRIBUIT LA ELABORAREA ȘI EMITEREA ACTELOR ADMINISTRATIVE DE AUTORITATE NELEGALE

In the study hereunder, the author undertakes an analysis of Article 16 para. (1) of Law No. 554/2004 on administrative litigation (text entitled “Introducing the civil servant in the case”), statutory provision that reads as follows: “The legal demands under this law may be filed also personally against the person who assisted in the development, issuance or execution of the document or, where appropriate, who is held liable for failure to settle the demand relating to a subjective right or a legitimate interest, should there be claimed payment of compensation for damages or delay. Should the action be granted, the person concerned may be ordered to pay damages, jointly with the defendant public authority”.