SYNTHESIS

The present work represents an attempt to define an important

administrative institution ,the administrative responsibility here being seen as a
central element of the administrative law , an authentic pivot !of this branch
of law , generally speaking , with significant implications concerning the
administrative science "
Thus , one can mention the inter#personal relations inside the society ,
taking into consideration the e$istence of the state , these relations are settled by
the %uridical norms which follow the progress according to those who rule the
state , who may represent the interests belonging to small groups of people ,
this being taken into account for the totalitarian states or they may represent the
interests of the whole society , in the situation of the democratic states"
In the situation of the infringement of the %uridical norms , when the
social values are e$posed and the norms do not defend them , in this case the
%uridical responsibility interferes the way that the guilty people with illicit
actions must bear certain %uridical results conse&uently , thus being punishable
by the %uridical law "
It is essential to decide upon a certain responsibility according to the law ,
in the situation of the anti#social actions , this depending on the states will and
interests , they must take into account the importance of the social values which
must also be protected , this being suited for the governments evaluation , with
the purpose of clearly defending these values"
's an institution of the administrative law , the administrative
responsibility contains all the norms which regulate the %uridical responsibility
of those who overlook and defy the norms of the administrative law" (ne
generally uses this syntagma
because in the conditions of the law and the norm infringement , these being
part of the other branches of the law , all these can draw the administrative
responsibility , and also the norm infringement of the administrative law can
bring down the %uridical responsibility , a different one , but administrative"
)ollowing this idea , the establishment of this form of liability which fits
mainly in the category of the forms of liability sanctioning , with the criminal
liability *for offences+ and the disciplinary one for the disciplinary offence ,
regulated by the ,abour -ode , this occupies a middle position due to the social
danger of the administrative deviation , lower than the offence , but higher than
the employees misconduct"
The administrative responsibility is an efficient sanctioning form of the
deviations from the law in the operative and common mode in which it operates
and it is applied comparatively with other types of legal liability"The coverage is
very large , due to the many regulations about the deviations in the
administrative section which can be committed both by a wide range of legal
topics and for some criminal acts whose danger decreases and their fre&uency
continuously shrinks , thus passing from the criminal illicit to the administrative
violations"
Nowadays , three great categories of administrative illicit are generally
analysed . the administrative illicit offences , the material and moral causative
illicit , and , accordingly , three institutions of accountability in the
administrative law are established, respectively . the disciplinary administrative
responsibility, the minor offence and the patrimonial administrative
responsibility , each with its own content , a special %uridical system , all these
depicting the administrative responsibility as a macro institution of the
administrative law "
The disciplinary administrative responsibility represents the %uridical
situation which consists in a set of rules and related obligations , in a content of
all the legal sanctioning , mainly established between a member of the public
administration , or by a public employee and the author of some administrative
violations *a public authority , a public employee , a structure which does not
belong to the state , an individual + a deviation which is not seen as a
contravention"
-oncerning the contravention , it is considered that this does not
represent the act committed with guilt which is mentioned and sanctioned by the
law , but a social danger , generally , lower than the offence "
The patrimonial administrative responsibility is defined as the form
of %uridical responsibility which compels the state or, at least , the administrative
units to repair the damage caused to the individuals by an illegal administrative
document or by an un%ustified refusal of the public administration to solve the
re&uest concerning a certain right or a legitimate interest "
The ob%ective foundation of the administrative responsibility consists
in the principle of legality which imposes and re&uires the strict observance of
laws and all the other subordinate legal acts in the activity of the state , here
including the e$ecutive activity "The violation of legality by the public
administration attracts both the illegal activity sanctioning and the doers
sanctioning , the public employee who can be liable to the responsibility both
conventionally or criminally , depending on the seriousness of the infringement ,
and whether the patrimonial or the illegal act has caused material in%ury , being
thus assessed in a financial way "