NEW TENDENCIES IN PUBLIC ADMINISTRATION DEVELOPMENT- COMPLEXITY OF PUBLIC ADMINISTRATION IN THE LIABILITY AREA

Rezumat

"The subject of the complexity of public administration in the liability area is not chosen with the exigency to elucidate all the theoretical and practical problems it can raise but to draw a clear picture of this institution of administrative law. Nowadays, administration appears as a component of public space, understood as the space of manifestation of general interests and specific mechanisms of their assurance. Similar to all others, public administration can be wrong as well. And, again, similar to all others, it can and must be held liable for its mistakes.

The authors of administrative law argue that administrative liability is a form of judicial liability that is triggered whenever the rules of administrative law are violated by committing an illicit act, generally called administrative misconduct. Considering administrative misconduct, the doctrine distinguishes three forms of administrative liability: the administrative misconduct itself, contravention misconduct, and misconduct that causes material and moral damages. At the basis of the organization and functioning of public administration, and therefore at the basis of any fact that may cause damage to individuals, there is a number of administrative acts that give complexity to the administration, especially through the identification of the person who has to respond for this damages. Therefore, we propose to perform an analysis using qualitative methods in order to discover situations in which the administration is responsible for its illicit acts."