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The identification of the legal basis for the evaluation of the professional performance of civil servants, in general, and, in particular, of the secretary of the administrative territorial entity (hereinafter abbreviated as a.t.e.) in Romania, as a result of the amendments and completions of the professional performance evaluation procedure by Law no. 24/2019, have not only allowed us to analyse these aspects by the terms of public management and administrative science, but also to undertake a brief comparative survey of the situation in Romania and that of the European Economic Area as well. The unconstitutional regulation - as we affirm -, due to the lack of predictability of the legal provisions regarding the procedure of evaluating the professional performance of the secretary of the a.t.e. in Romania, has created the premises for exercising with excessive power the discretion of the president of the county council, or of the mayor of the a.t.e. regarding the evaluation of the professional performance of the secretary of the a.t.e.; thus it can serve as a possible basis for annihilating its stability in office. Whereas the primary effect of the secretary's stability in office must be precisely the assurance of legality regarding the activity of the local public administrative authorities, legality for which the legal liability has been transferred entirely to the secretary of the a.t.e. by Law no. 140/20171, while this assurance of legality needs to remain strictly professional, without any political bias or illegal interference, and without any abuse or excess of power from local elected representatives. The regulation, with the help of legal norms of the possibility of excess of power when exercising the discretion of the evaluator president of the county council or of the mayor of the a.t.e. when evaluating the professional performance of the secretary of the a.t.e. has also created the unconstitutional and absurd situation in which the secretary of the a.t.e, who in spite of having the legal powers to exercise a priori control of the administrative acts of the county council, of the president, or of the mayor of the city, is being evaluated in terms of professional performance by the evaluator president of the county council or mayor of the a.t.e, that is, exactly by those, who are controlled by the very same secretary as regarding the legality of their acts. In order to eliminate the unconstitutional situation created by regulating the procedure of evaluation of the professional performance of the secretary of the a.t.e in accordance with the rules introduced by Law no. 24/2019 in the Civil Servants' Statute, we made the proposal to urgently amend these provisions and to assign the evaluation of the professional performance of the secretary to a commission consisting of three professionals with proper professional backgrounds, having senior experience in a specialized position with managerial responsibilities, that is, with the equivalent conditions of the requirements for fulfilling the function of secretary at the county, municipality, town or commune levels, in accordance with Law no. 188/1999, republished with the subsequent modifications and completions. Furthermore, these professionals shall be appointed by order of the President of the National Agency of Civil Servants for a term of three or five years, and one of them shall be delegated by the Agency just mentioned, one by the Prefecture of the respective county, and one representative shall be nominated by the professional association of the secretaries of the corresponding level, that of counties, municipalities, towns or communes in Romania. Regarding the other procedural aspects, they shall be regulated similarly to those stipulated by the aforementioned organic law for senior civil servants. We have the firm conviction that the true purpose of the law on the evaluation of professional performance can be achieved, but on one hand, only after eliminating the unconstitutionality of the legal provisions analysed in this study regarding the procedure for assessing the professional performance of the secretary of the a.t.e. in Romania, and on the other hand, with the total respect of the stability of the secretary's function, since the stability in office of the secretary should be a guarantee for ensuring the legality of the local public administrative authorities' activities, and consequently, for the implicit strengthening of the rule of law in Romania. [ABSTRACT FROM AUTHOR]

The study allowed us to find that, based on the incoherent, sometimes contradictory and inconsistent regulations contained in the 7 - seven organic laws analyzed, the legal terminology used is unanimous and inconsistent, using either the notion of civil liability in a general way, or the notion of patrimonial liability for contract staff. We have shown that the specialized doctrine influenced by the above-mentioned legal regulations is unanimous in determining the nature of the legal reparatory liability of local elected officials and civil servants, but we have emphasized on the basis of the cited doctrinal arguments both the use of the term of patrimonial responsibility the legal nature of civil liability based on the rules and principles of tort law civil liability of both categories in question. This emphasis is necessary to determine the nature of the legal remedy of the two above-mentioned categories, both before and especially after the entry into force of Law No. 53/2003 on the Labor Code, which regulates only the personnel employed on the basis of an individual labor contract the patrimonial liability based on the rules and principles of contractual civil liability. We have noticed that there is no overlap between the reparatory liability, conventionally referred to as the civil-patrimonial liability, the local elected officials, the civil servants and the contract staff in the local public administration, with the administrative and patrimonial responsibility provided in art. 16 of the Law no. 554/2004, with subsequent modifications and completions, but it may follow the administrative-patrimonial responsibility, either in the form regulated by art. 76, paragraphs (1) and (2), corroborated with art. 84, lit. c) of Law no. 188/1999, republished, or according to art. 1384 - Right of regress - of the Civil Code. Regarding the civil - patrimonial liability of the local elected representatives, based on the legal basis of their reparatory liability, I considered that the statutory legal status, by public law, of the local election mandate, considered that the civil liability stipulated in art. 55 and 56, paragraph (1) of the Law no. 393/2004, with subsequent modifications and completions, can be established only on the basis of the rules and principles of civil tort liability. In this context, on the basis of the legal principles presented, the explicit legal provisions quoted, respectively the logical-legal arguments developed, we showed the formal and erroneous character of the decision of the ICCJ No. 16/2016, on the appeal in the interest of law, in violation of express legal provisions regulating the solidarity between the local elected representatives for the activity of the authority to which they belong, as art. 56, paragraph (1) of the Law no. 393/2004, corroborated with art. 1382 and 1445 of the Civil Code or which provide for the liability for the repair of the moral damages paid by the public authority according to art. 16 of the Law no. 554/2004 corroborate art. 1349 - Tort liability, art. 1382 and art. 1384 - The right of regress - from the Civil Code, the Supreme Court declares the patrimonial responsibility of the local elected according to the norms and principles of the contractual civil liability based on the Labor Code. Also, both solidarity and liability, including for moral damages, are legal bodies belonging to civil tort liability, the common law on civil liability, so that the rules of contractual civil liability contained in the Labor Code, special derogatory rules, are incompatible and cannot complete the incomplete provisions of art. 55 and 56 of Law no. 393/2004, which we find convincing about the erroneous and unlawful nature of the reasoning of the ICCJ decision No. 16/2016, which has been adjudged on the appeal in the interest of the law, is mandatory for the courts according to the Code of Civil Procedure. Regarding civil servants, due to the service relationship that has statutory legal status, administrative law, we considered that their civil - patrimonial liability, including in the local public administration, is committed on the basis of the rules and principles of the civil delict liability expressly regulated in art. 84, letter a) and c), in conjunction with art. 85 of Law no. 188/1999, republished, which is supplemented with the compatible norms contained in the Labor Code but in the case of the incompatibility of the Labor Code, such as the provision of liability only for material damages in art. 254, paragraph (1) of the Labor Code, the provisions of art. 1349 and 1384 of the Civil Code complement in the first place the aforementioned norms in the civil-patrimonial liability of the civil servant for the recovery of the moral damages paid by the public authority with which he/she is in the service report. At the same time, I approached the doctrinal opinion according to which the legal basis of the actions for the recovery, in the case of non-repudiation within the legal term, of the amounts that were unduly granted, according to art. 84, letter b) of Law no. 188/1999, republished, can only be unjust enrichment, which is why this way of recovery is not a form of civil liability. Both on the civil and patrimonial liability of the local elected representatives and of the civil servants we formulated on the basis of the argument arising from the participation in the exercise of the public power powers, the necessity of expressing their civil-patrimonial liability on the basis of the rules and principles of civil liability Tort, or within the scope of Law no. 393/2004 for local elected representatives, or in Law no. 188/1999, republished, for civil servants, which would eliminate the possibility of erroneous and unlawful judicial practices, as I have exemplified in the decision of the ICCJ no. 16/2016, on the appeal in the interest of the law. Regarding the engagement of the civil-patrimonial responsibility of the local elected representatives, we considered and proposed the regulation of the substantive competence of the administrative courts of law, arguing with the cause of their damages in the exercise of the powers of public power, on one hand, but also with the necessity observance of the principle of effectiveness in the implementation of the act of justice by increasing the degree of substantiation of the judgments, especially due to the specialization of the administrative courts for administrative litigation in the disputes concerning the exercise of the powers of public power, on the other hand. The contract staff of the local public administration found that due to the explicit regulation of its patrimonial liability, on the basis of the norms and principles of contractual civil liability, contained primarily in the Labor Code and filled in according to art. 278, paragraph (1) of the same code, regarding the procedure with Law no. 62/2011, republished, there is no divergence in either doctrine or judicial practice. However, the regulation of the engagement of civil-patrimonial liability by issuing the imputation order by the mayor of the territorial-administrative unit, for the reparation of the damage caused to the patrimony of the legal person under public law by the forest personnel employed on the basis of the individual labor contract, 58, par. (1) of Government Emergency Ordinance no. 59/2000, with subsequent modifications and additions, has attracted justified doctrinal criticisms and in our opinion. The criticisms concern the lack of a substantiation of the legal provision in question, which provision is contrary to the principles and arguments of the science of law regarding the engagement of civil-patrimonial liability of the personnel employed by an individual labor contract, including the forestry personnel, contracted according to the Labor Code and the above mentioned ordinance in the local public administration, since the legal basis of reparatory liability based on the rules and principles of contractual civil liability totally excludes any unilateral manifestation of the will of one of the parties to engage the patrimonial responsibility of the other due to equality from the point of view of their legal status within the legal employment relationship based on an individual labor contract. [ABSTRACT FROM AUTHOR]

Introduction. Glioblastoma (GB) is the most frequent and aggressive form of malignant glial tumour mostly found in the Vl-decade adults, most frequently males. The primary multiform GB has a short clinic history and a fulminant clinical evolution wh ich often hinders the application of surgical and oncologic treatment, The presentation o f the case. A 66-year-old patient, hypertensive, suddenly shows in July 2015 w ith a left peripheral facial paresis and, under corticosteroid, paresis of the nerves III, IV, VI and left ophthalmic neuralgia- The modified serum samples were atc anticardiolipina IgG, atc antiborrelia IgG western-blot, imunELFO/kappa chains. Thpraeo-abdominal CT exclude systemic pathology and the brain MRI detect cortical atrophy, Under corticosteroid and antibiotic for Borrelia B „ in November 201S (he completion of the left ophtalmo-motor syndrome and in January 2016 neuropathy VIII left. Brain MRI in January 2016 showed the expansive midbrain right process and in March in stationary clinically patient presented the expansion o f the mezencefalic lesion and similar bilateral tatamic lesions, PET-CT general indicate diagnostic a left maseterina tumor without bioptic correspondence. The stereotaxic cerebral puncture-biopsy detects the glioblastoma, The patient's death occurs in May 2016, without any possibility of surgical and oncologic approach. Conclusions. The case highlights the clinical and paraclinical features - neurological symptoms but of peripheral nervous system (mulfiradiculopathy of cranial nerves) which are prior to the beginning of clinical imaging o f glioblastoma, the positive results of serum samples foe systemic affections (borreiiosis, monoclonal gamapathy) that determine the pathology of cranial nerves. [ABSTRACT FROM AUTHOR]