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- Title
30. Răspunderea funcționarului public. Obligația de a evalua prejudiciul şi de a proceda la recuperarea acestuia. Termene.
- Abstract
In compliance with the provisions of Article 85 para. (3) of Law no. 188/1999, the right of the manager of the public authority or institution to issue the imputation order or decision shall be subject to a time limit of 3 years after the occurrence of the damage. However, Article 85 para. (1) of Law no. 188/1999 governs another time limit, namely the limitation period, for the issue of an imputation decision by the manager of the authority, in relation to the date of establishment the damage. As regards the phrase „date of establishment of the damage“, it should be highlighted that, subsequently to the issue of the decision of the Court of Accounts, the obligation to assess the damage and to proceed to its recovery shall be undertaken by the audited public authority. To this end, no later than the date established under the decision of the Court of Accounts, the obligation to quantify the damage shall be completed and, accordingly, „the date of establishment of the damage“ may be certainly determined. In relation to the previously recorded items, the fact that the decision of the Court of Accounts was challenged in judicial terms seems to be irrelevant. In fact, the document issued is enforceable and, in the absence of a court order of suspending the execution of the measures, the public authority has the obligation to execute the imposed measures as such. Furthermore, it should be emphasized that in circumstances where the decision of the Court of Accounts was appealed in the mandatory administrative procedure, the time limit for the execution of measures has been adequately expanded during the settlement of the appeal. To this end, the provisions of item 210 para. (1) of the Decision no. 155/2014 for approval of the Regulation on the organization and conduct of the specific activities of the Court of Accounts, as well as the use of documents resulting from these activities are relevant, stating that „the appeal shall suspend the obligation of enforcement of the decision until its settlement by the appeal settlement committee“. And in such a situation - of administrative review procedures of the appeal, the period of 30 days set forth under Article 85 para. (1) of Law no. 188/1999 begins to run from the expiry of the period specified in the decision of the Court of Accounts for establishing the extent of the damage and taking the recovery measures, in this case representing 85 days, and this latter timelimit shall be calculated after the communication of the court order by which the Court of Accounts settled the appeal.
- Subjects
LEGAL judgments; ADMINISTRATIVE procedure; ADMINISTRATIVE remedies; COURT orders; ACTIVITY-based costing; HARM (Ethics)
- Publication
Romanian Case Law Review / Revista Română de Jurisprudenţă, 2019, Issue 4, p190
- ISSN
1844-6450
- Publication type
Article