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Disciplinary liabilityof civil servants - Andra Nicoleta Puran
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Publisher: Editura Universitara
Author: Andra Nicoleta Puran
ISBN: 978-606-28-0333-9
DOI: 10.5682/9786062803339
Publisher year: 2015
Edition: I
Pages: 146
Product Code:
9786062803339
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Legal liability is attracted in the situation where the individual has an illegal behavior by violating the provisions of legal norms.
From a broader perspective, it can be seen that legal liability is a specific part of the idea of social responsibility according to which each person must assume his actions and bear their consequences.
The doctrine differentiates between legal liability and political liability, between liability and reparation and between liability and sanction.
Regarding legal liability and political liability, it is considered that legal liability implies the idea of guilt and violation of law, instead political responsibility is not necessarily engaged due to behaviors contrary to law.
Regarding the relationship between liability and reparation, starting from the fact that the term "liability" comes from the Latin spondeo, which in Romanian law, means the solemn obligation of the debtor to his creditor to fulfill the service assumed by the contract, some authors have concluded that the notion of liability in general and civil liability in particular, must be given the meaning of obligation in reparation.
Given that civil law has a predominant role in the legal system, there is a tendency to make a connection between liability and the idea of pecuniary reparation. According to the majority doctrine, however, this view is too narrow. First, this confusion leads to the identification of legal liability with the sanction, which is wrong.
From a broader perspective, it can be seen that legal liability is a specific part of the idea of social responsibility according to which each person must assume his actions and bear their consequences.
The doctrine differentiates between legal liability and political liability, between liability and reparation and between liability and sanction.
Regarding legal liability and political liability, it is considered that legal liability implies the idea of guilt and violation of law, instead political responsibility is not necessarily engaged due to behaviors contrary to law.
Regarding the relationship between liability and reparation, starting from the fact that the term "liability" comes from the Latin spondeo, which in Romanian law, means the solemn obligation of the debtor to his creditor to fulfill the service assumed by the contract, some authors have concluded that the notion of liability in general and civil liability in particular, must be given the meaning of obligation in reparation.
Given that civil law has a predominant role in the legal system, there is a tendency to make a connection between liability and the idea of pecuniary reparation. According to the majority doctrine, however, this view is too narrow. First, this confusion leads to the identification of legal liability with the sanction, which is wrong.
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Disciplinary liabilityof civil servants
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Andra Nicoleta Puran
Content
Chapter / I. Disciplinary liability within legal liability / 8
Section 1. The concept of legal liability / 9
1.1. Notion. / 9
Elements of legal liability / 11
Forms of legal liability / 14
Section 2. Legal liability in labor relations / 19
Chapter II. General notions regarding the disciplinary liability of the employees in the common law / 23
Section 1. Social discipline and work discipline / 23
Notion / 23
Springs. / 26
Section 2. Disciplinary liability / 28
Notion / 28
Traits / 30
Section 3. Disciplinary misconduct / 31
Concept / 31
Constituent elements / 33
Causes of non-liability / 38
Section 4. Cumulation of disciplinary liability with other forms of legal liability / 46
Disciplinary liability and criminal liability / 46
Disciplinary liability and contraventional liability / 49
Disciplinary liability and patrimonial liability / 49
Chapter III. The legal regime of the disciplinary liability of civil servants / 51
Section 1. General aspects / 51
Section 2. The specifics of the disciplinary liability of civil servants towards the common law / 56
Section 3. Specific sanctions / 67
Section 4. Procedure / 71
The body competent to carry out the disciplinary investigation. / 71
Conducting disciplinary research / 77
Application of sanctions / 89
Contestation of the administrative act for the application of disciplinary sanctions / 91
Section 5. Administrative record and cancellation of disciplinary sanctions / 93
Administrative record / 93
Deletion of disciplinary sanctions / 94
Chapter IV. Legal regime of disciplinary liability of civil servants in the legislation of other states in the European Union / 96
Section 1. Disciplinary liability of civil servants in France / 96
Section 2. Disciplinary liability of civil servants in Spain / 103
Section 3. Disciplinary liability of civil servants in Italy / 108
Chapter V. The legal regime of the disciplinary liability of the officials of the European Union / 114
Section 1. General aspects regarding the civil service in the European Union / 114
Section 2. Disciplinary liability of officials of the European Union / 117
Introductory aspects / 117
Disciplinary sanctions applicable to European officials / 122
Discipline Commission / 126
Disciplinary procedure / 128
Suspension of the European civil servant / 131
Contestation of the disciplinary sanction decision / 133
Deletion of disciplinary sanctions / 135
Bibliography / 136
Chapter / I. Disciplinary liability within legal liability / 8
Section 1. The concept of legal liability / 9
1.1. Notion. / 9
Elements of legal liability / 11
Forms of legal liability / 14
Section 2. Legal liability in labor relations / 19
Chapter II. General notions regarding the disciplinary liability of the employees in the common law / 23
Section 1. Social discipline and work discipline / 23
Notion / 23
Springs. / 26
Section 2. Disciplinary liability / 28
Notion / 28
Traits / 30
Section 3. Disciplinary misconduct / 31
Concept / 31
Constituent elements / 33
Causes of non-liability / 38
Section 4. Cumulation of disciplinary liability with other forms of legal liability / 46
Disciplinary liability and criminal liability / 46
Disciplinary liability and contraventional liability / 49
Disciplinary liability and patrimonial liability / 49
Chapter III. The legal regime of the disciplinary liability of civil servants / 51
Section 1. General aspects / 51
Section 2. The specifics of the disciplinary liability of civil servants towards the common law / 56
Section 3. Specific sanctions / 67
Section 4. Procedure / 71
The body competent to carry out the disciplinary investigation. / 71
Conducting disciplinary research / 77
Application of sanctions / 89
Contestation of the administrative act for the application of disciplinary sanctions / 91
Section 5. Administrative record and cancellation of disciplinary sanctions / 93
Administrative record / 93
Deletion of disciplinary sanctions / 94
Chapter IV. Legal regime of disciplinary liability of civil servants in the legislation of other states in the European Union / 96
Section 1. Disciplinary liability of civil servants in France / 96
Section 2. Disciplinary liability of civil servants in Spain / 103
Section 3. Disciplinary liability of civil servants in Italy / 108
Chapter V. The legal regime of the disciplinary liability of the officials of the European Union / 114
Section 1. General aspects regarding the civil service in the European Union / 114
Section 2. Disciplinary liability of officials of the European Union / 117
Introductory aspects / 117
Disciplinary sanctions applicable to European officials / 122
Discipline Commission / 126
Disciplinary procedure / 128
Suspension of the European civil servant / 131
Contestation of the disciplinary sanction decision / 133
Deletion of disciplinary sanctions / 135
Bibliography / 136
Legal liability is attracted in the situation where the individual has an illegal behavior by violating the provisions of legal norms.
From a broader perspective, it can be seen that legal liability is a specific part of the idea of social responsibility according to which each person must assume his actions and bear their consequences.
The doctrine differentiates between legal liability and political liability, between liability and reparation and between liability and sanction.
Regarding legal liability and political liability, it is considered that legal liability implies the idea of guilt and violation of law, instead political responsibility is not necessarily engaged due to behaviors contrary to law.
Regarding the relationship between liability and reparation, starting from the fact that the term "liability" comes from the Latin spondeo, which in Romanian law, means the solemn obligation of the debtor to his creditor to fulfill the service assumed by the contract, some authors have concluded that the notion of liability in general and civil liability in particular, must be given the meaning of obligation in reparation.
Given that civil law has a predominant role in the legal system, there is a tendency to make a connection between liability and the idea of pecuniary reparation. According to the majority doctrine, however, this view is too narrow. First, this confusion leads to the identification of legal liability with the sanction, which is wrong.
From a broader perspective, it can be seen that legal liability is a specific part of the idea of social responsibility according to which each person must assume his actions and bear their consequences.
The doctrine differentiates between legal liability and political liability, between liability and reparation and between liability and sanction.
Regarding legal liability and political liability, it is considered that legal liability implies the idea of guilt and violation of law, instead political responsibility is not necessarily engaged due to behaviors contrary to law.
Regarding the relationship between liability and reparation, starting from the fact that the term "liability" comes from the Latin spondeo, which in Romanian law, means the solemn obligation of the debtor to his creditor to fulfill the service assumed by the contract, some authors have concluded that the notion of liability in general and civil liability in particular, must be given the meaning of obligation in reparation.
Given that civil law has a predominant role in the legal system, there is a tendency to make a connection between liability and the idea of pecuniary reparation. According to the majority doctrine, however, this view is too narrow. First, this confusion leads to the identification of legal liability with the sanction, which is wrong.
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