Magistraţi. Principiile organizării judiciare. Norme de drept public. Lipsa raportului de prepuşenie între stat şi magistraţi. Răspunderea statului. Condiţii

Magistrates. Principles of judicial organization. Public law rules. No principal-agent relation between the state and magistrates. The state’s liability. Conditions

Abstract

The provisions of art. 1 para. (1) and (3) and art. 4 para. (1) of the Law no. 304/2004 are not relevant in terms of the existence of a principal-agent relation between magistrates and the Romanian State, as these relations being specific to private law, not to public law, such as the rules provided by Law no. 304/2004.

The State can be held liable under the provisions of Chapter VI of Title IV of the Criminal Procedure Code, but, in order to be trigger such liability, the legislator expressly stipulated the need for the existence of a judicial error or unlawful deprivation of freedom, according to the provisions of art. 538-542 of Chapter VI of Title IV of the...