Brief considerations on some aspects of the procedure of disciplinary investigation of the civil servants in Romania

AuthorAndra-Nicoleta Puran/Carmen-Constantina Nenu
PositionFaculty of Law and Administrative Sciences, Department of Law and Administrative Sciences, University of Piteti, Piteti, Romania/Faculty of Law and Administrative Sciences, Department of Law and Administrative Sciences, University of Piteti, Piteti, Romania
Pages148-154
AGORA International Journal of Juridical Sciences, www.juridicaljournal.univagora.ro
ISSN 1843-570X, E-ISSN 2067-7677
No. 1 (2014), pp. 148-154
148
BRIEF CONSIDERATIONS ON SOME ASPECTS OF THE
PROCEDURE OF DISCIPLINARY INVESTIGATION OF THE CIVIL
SERVANTS IN ROMANIA
A.N. Puran, C.C. Nenu
Andra-Nicoleta Puran
Faculty of Law and Administrative Sciences, Department of Law and Administrative
Sciences, University of Piteti, Piteti, Romania
*Correspondence: Andra-Nicoleta Puran, University o f Piteti, 1 Târgul din Vale St., Piteti,
Romania
E-mail: andradascalu@yahoo.com
Carmen-Constantina Nenu
Faculty of Law and Administrative Sc iences, Department of Law and Administrative
Sciences, University of Piteti, Piteti, Romania
*Correspondence: Carmen-Constantina Nenu, University of Piteti, 1 Târgul din Vale St.,
Piteti, Romania
E-mail: carmennenu2006@yahoo.com
Abstract
The procedure of administrative investigation prior to the application of a disciplinary
sanction for the civil servant has its origin in the prior disciplinary investigation stated by the
Labor Code, but has some additional valences, by a detailed regulation, according to the
administrative law. Knowing and correctly applying these legal norms in sures the legitimacy
of the judicial act establishing the disciplinary responsibility of the civil servant.
Keywords: civil servant, disciplinary deviance, administrative procedure, judicial
liability
Introduction
In literature was correctly mentioned1 that the civil position and the civil servant are
legal institutions of the public law, in general, and especially of the administrative law, over
which do ctrinaire, legislative and jurisprudential controversies have arisen in time, both in
nationally, as well as in the practice of different European states2 having an administrative
system well anchored in the socio-judicial reality.
Directly regarding the civil servant, his disciplinary responsibility enjoys a normative
regulation different than the disciplinary responsibility of other categories of employees. For
disciplinary deviances committed by the first cate gory of employees, according to the Law No
188/1999 on the Status of Civil Servants3, the applicable sanctions are: written reprimand;
reduction of salary rights with up to 5-20% for a period up to 3 months; suspension of the
advancement right in salary levels or, as it case may be, of the advancement right in public
position for a period that goes from 1 to 3 years; degradation in salary levels or degradation
in public position for a period up to one year; removal from the public position. For the
1 Andreea Drghici, Ramona Duminic, Deontologia funcionarului public. Curs pentru studenii programului
frecven redus, University of Piteti Publishing House, Piteti, 2010, p. 8.
2 Elise Nicoleta Vâlcu, Introducere în dreptul comunitar material, Sitech Publishing House, Craiova, 2010, pp.
106 and next.
3 Republished in the Official Gazette of Romania, Part 1, No 251/22 March 2004 and in the Official Gazette No
365/29 May 2007, with subsequent modifications and amendments.

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT