Consideraţii referitoare la neconstituţionalitatea Ordonanţei Guvernului nr. 121/1998 privind răspunderea materială a militarilor

VICTOR PENTELEEV*

^* e-mail: victor.pente@yahoo.com

Judecător - Judecătoria Sectorului 3 Bucureşti

ABSTRACT

Following a critical study of the provisions of the Government Ordinance No 121/1998 on the material liability of the military, the author points out that this normative act is contrary to Article 73 (3) j), Article 118 (2), (3) of the Constitution.

The juridical reasoning is based on the standard imposed by the case law of the Constitutional Court in respect of the status of the public officers and of the military staff, the author emphasising the necessity to adopt an organic law/several organic laws to regulate the material liability of the military staff and of the public officers within the Ministry of National Defence, Ministry of Internal Affairs, the Romanian Intelligence Service, the Protection and Guard Service, the Foreign Intelligence Service, the...