Le roi ne peut mal faire: Răspunderea civilă delictuală a autorităţilor publice

Iustin ARMAŞU

Avocat, Schoenherr şi asociaţii

Andrei GRECEANU

Avocat, Schoenherr şi asociaţii

ABSTRACT

The liability of the administration for wrongful acts against citizens is a general principle of law consolidated in the XXth century. However, in Romania, the authors observed that the interplay between administrative law and the general tort rules under the Civil Code may lead to situations where an authority cannot be required to pay damages even if it committed a wrongful act. In this article the authors put forward that there is a general liability of the administration for wrongful acts under the Civil code, which would allow plaintiffs to request damages from authorities without also challenging an administrative act per se under the Law no. 554/2004. To this end, the authors navigate existing national case-law, the manner in which other European systems dealt with the issue, as well as the particulars in...