Disciplinary sanctions apliccable to romanian civil servants

• Author: Andra Nicoleta Puran - Lavinia Olah
• Position: University of Pitesti, Pitesti, Romania - University of Pitesti, Pitesti, Romania
• Pages: 182-189

AGORA International Journal of Juridical Sciences, www.juridicalj ournal.univagora.ro

ISSN 1843-570X, E-ISSN 2067-7677

No. 4 (2013), pp. 182-189

182

DISCIPLINARY SANCTIONS APLICCABLE TO ROMANIAN CIVIL

SERVANTS

A.N. Puran, L. Olah

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 of Piteti, 1 Târgul din Vale Street,

Piteti, Romania

E-mail: andradascalu@yahoo.com

Lavinia Olah

Faculty of Law and Administrative Sciences, Department of Law and Administrative

Sciences, University of Piteti, Piteti, Romania

* Correspondence: Lavinia Olah, University of Piteti, 1 Târgul din Vale Street, Piteti,

Romania

E-mail: lavinia olah@yahoo, com

Abstract

Disciplinary liability of civil servants, as form of judicial liability, has started a series

of debates among Romanian doctrinaires. This paper aims to analyze the disciplinary

sanctions applicable to civil servants subjected to Law No 188/1999, starting from the

analysis of the concept of civil servant and from their classification according to the doctrine

and legal provisions.

Keywords: civil servant, disciplinary offence, disciplinary sanction

Introduction

Specific regulations regarding the statute of civil servants are stated by Law No

188/1999

1

with its subsequent modifications and amendments.

Law No 188/1999 of the Statute of Civil Servants, states, as any statute of a

profession, the conditions of the judicial liability for civil servants.

The specificity of the disciplinary liability of civil servants is given by the actions

representing disciplinary offences, by the specific sanctions and by their own disciplinary

procedure.

Given that the disciplinary liability of civil servants is a very broad topic, we shall

analyze, without aiming to deplete the subject, the disciplinary sanctions applicable for the

disciplinary offences committed by them.

Section 1. General aspects regarding civil servants

The definition of the profession and of the civil servant has known numerous attempts

in the doctrine and started so many controversies

2

.

It was correctly mentioned

3

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

1

Published in the Official Gazette No 600/8 December 1999, rep ub lished in the Official Gazette

2

In order to anal yze the doctrinaire controversies on the legal status of civil servants see Verginia Vedina,

Drept administrativ, 7

th

edition reviewed and added, Universul Juridic Publishing House, Bucharest, 2012, pp.

501-504