Independenţa funcţionarilor publici în interpretarea şi aplicarea legii

dr. GHEORGHE DOBRICAN*

* e-mail: gdobrican@gmail.com

Prof. univ. - Facultatea de Drept şi Ştiinţe Administrative, Universitatea Ecologică din Bucureşti

ABSTRACT

The independency or autonomy of public servants in construing and applying the law is warranted by the Constitution or by law.

By virtue of the independency or autonomy, public servants construe and apply the law according to the own beliefs, being entitled to reject any interference from authorities or persons.

Errors of public servants in the process of construing and applying the law can result in their non-criminal legal liability, if the conditions of such legal liability are fulfilled, as the case may be, civil tort or contract, disciplinary, material, taxation or contravention liability, in no case criminal liability for the offence of abuse of office provided by Article 297 (1) of the Criminal law.

Keywords: public servant; independency or autonomy in...