Responsibility of Managers of Public Institutions RegardingExecutive Titles

According to the law, any interested person has the right to request a public institution to communicate information of public interest, otherwise having the right to address the competent court for the purpose of obliging by civil judgment to provide the requested information, under the penalty of subsequent application to the debtor of the obligation of a fine for non-execution. Regarding the application of the sanction for non-execution, the legislator ordered that starting from 10.04.2023 the liability of natural persons who held the position of managers of the public institution should be replaced, by the entry into force of Law no. 84/2023, with the liability the public authority/institution obliged to execute the enforceable title. The article analyzes the methods of applying the sanctions provided for by Article 24 of Law no. 554/2004, but also the admissibility of the forced introduction of other parties into the case during the appeal phase.

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Publication Details

Journal
Jus et Civitas – A Journal of Social and Legal Studies
Published
2025-01-01
DOI
https://doi.org/10.51865/jetc.2024.2.01
Primary Topic
International Arbitration and Investment Law
Type
article
Field-Weighted Citation Impact
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article

Responsibility of Managers of Public Institutions RegardingExecutive Titles

Doina Radulescu
Jus et Civitas – A Journal of Social and Legal Studies
International Arbitration and Investment Law
article

Responsibility of Managers of Public Institutions RegardingExecutive Titles

Doina Radulescu
article en

Abstract

According to the law, any interested person has the right to request a public institution to communicate information of public interest, otherwise having the right to address the competent court for the purpose of obliging by civil judgment to provide the requested information, under the penalty of subsequent application to the debtor of the obligation of a fine for non-execution. Regarding the application of the sanction for non-execution, the legislator ordered that starting from 10.04.2023 the liability of natural persons who held the position of managers of the public institution should be replaced, by the entry into force of Law no. 84/2023, with the liability the public authority/institution obliged to execute the enforceable title. The article analyzes the methods of applying the sanctions provided for by Article 24 of Law no. 554/2004, but also the admissibility of the forced introduction of other parties into the case during the appeal phase.

Jus et Civitas – A Journal of Social and Legal StudiesVol. 75(2)
Openalex Percentile: Top 82%
International Arbitration and Investment Law
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