RĂSPUNDEREA JURIDICĂ A FUNCȚIONARILOR PUBLICI ȘI SANCȚIUNILE APLICABILE: ASPECTE LEGISLATIVE, DOCTRINARE ȘI JURISPRUDENȚIALE

The relation between the civil servant and the public authority or institution in which he occupies the public office arises and is exercised on the basis of the unilateral administrative act of appointment, issued according to the legal provisions, and not by a contractual act. That is why the public function and the status of the civil servant have been regulated in the public law, separately from the labour relations specific to the private law, at the same time also determining the establishment of a specific sanctioning system, which takes into account the distinctive features of the way in which the public office is exercised. In this study there are analysed, from a dual perspective, theoretical and practical, the conditions of each form of the legal liability governed by the administrative law. At the same time, we also consider the cumulation of the disciplinary liability with other forms of legal liability of the civil servant for the damaging consequences of his deeds. A few aspects of novelty brought by the codification of the legislation on the liability of the civil servants in the Draft Administrative Code complete our research.