Acta Universitatis Danubius. Juridica, Vol 13, No 3 (2017)

Legal Liability of the Authorities in a System of Separation of Powers

Mircea Criste


The regulation of a special legal liability for dignitaries and magistrates is in a conditional relationship with the existence of a real separation of powers, being one in consideration of the mandate. Thus, while the President of the Republic enjoys absolute and perpetual irresponsibility, similar to that recognised by the Romanian deputies and senators for the votes and political opinions expressed in the exercise of their mandate, members of the Government, the exception of those who are at the same time members of Parliament, do not enjoy irresponsibility for their actions. As for the magistrates, they are covered by such protection, in the case where they have not acted in bad faith or with serious  negligence.


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