RĂSP UNDEREA DISCIPLINARĂ A FUNCȚIONARILOR PUBLICI DIN PERSPECTIVA CODULUI ADMINISTRATIV.

We propose, through the present study, to present, in an essentialized form, the particularities of the regime of disciplinary liability of civil servants. The approach is centred on the following main ideas: substantiating the relationship between liability and responsibility; the headquarters of the matter; the purpose of the regulation; defining elements; novelties brought by the Administrative Code; deviations in administrative practice; possible solutions for the future. In a first section I addressed the relationship between responsibility and liability, embracing the idea that these two concepts are not synonymous, in the sense that responsibility is the one that precedes liability and removes it, when it is maintained, the subject of law transferring to its own value system the prescriptions established by the state. From this perspective, we express ourselves in the sense that public officials and, in general, all holders of public positions and dignities, must receive responsibility. The core of the research is the defining elements of the disciplinary liability of civil servants from the perspective of the Administrative Code, which largely preserves the principles established by the old regulation, but also comes with innovations to strengthen its role. At the basis of their creation was the need to prevent the excesses that can be manifested and, in this way, to represent a protection tool for the stability in office and, ultimately, the career of civil servants. One of these innovations is the establishment, by the legislator, of the disciplinary sanctions that can be applied to civil servants for each type of disciplinary offence committed. We also highlighted some shortcomings of the regulation and came up with concrete proposals to amend it in the future, considering that the approval by law of the Government Emergency Ordinance No 57/2019. It is mainly about regulatory parallels or deficiencies in the way some concepts are defined. In the latter sense, the regulation on disciplinary liability from Part VI of the Code must be reconciled with that from Part VII on administrative liability, but also with the provisions of Article 5 ii) from the first part of the Code, which defines administrative liability. Last but not least, we also noticed some deviations that happen in practice in the way the disciplinary commission's function, expressing ourselves, in a metaphorical but realistic way, that through a discretionary interpretation and application of the norms, the collegial structures existing in the European civil service system are transformed from disciplinary commissions into civil servant disciplinary commissions. In this way, a distortion of their role and the purpose of the activity they perform is achieved. [ABSTRACT FROM AUTHOR]