Legal Liability from a Threefold Perspective. General Aspects
Keywords:responsibility-liability; social liability; legal liability; moral liability; religious liability; national law; international law;
This paper aims at approaching general issues regarding the legal liability, starting from the principle of responsibility in the field of General Theory of Law to the legal liability under national law, public international law and European Union law. Legal liability under national law does not exhaust the subject, as the liability of states can be engaged at the level of international society – Draft articles of 2001 prepared by the International Law Commission within the United Nations, but also the liability of intergovernmental organizations – Draft articles of 2011. A controversial aspect, both at the normative level and at the doctrinal level, remains the international legal liability of the individual – natural person. The legal liability under the European Union law falls mainly to the states for the failure to fulfil their obligations according to the Union law, by means of the infringement procedure, other types of legal liability existing also at the level of the Union. In order to strengthen the concept of legal liability, in the light of the aspects promoted by the European Union, a special role was played by the European Commission, whose main mission was to ensure the application of and compliance with the European Union law, and the Court of Justice of the European Union by its extensive case-law.
Dima, T. (2014). Criminal Law. General Part, 3rd Edition. Bucharest: Hamangiu Publishing House.
Fuerea, A. (2011). Handbook of the European Union, 5th Edition revised and expanded after the Treaty of Lisbon (2007/2009). Bucharest: Universul Juridic Publishing House.
Miga-Beșteliu, R. (2014). Public International Law, Volume II, 2nd Edition. Bucharest: C.H. Beck Publishing House.
Năstase, A.; Aurescu, B. & Jura, C. (2009). Public International Law, Syntheses for exam, 5th Edition. Bucharest: C.H. Beck Publishing House.
Pop, L.; Popa, I. -F. & Vidu, S. I. (2015). Civil Law Course. Obligations. Bucharest: Universul Juridic Publishing House.
Popa, N. (2020). General Theory of Law, 6th Edition. Bucharest: C.H. Beck Publishing House.
Popa, N.; Anghel, E.; Ene-Dinu, C. & Spătaru-Negură, L. (2017). General Theory of Law. Seminar Notebook, 3rd Edition. Bucharest: C.H. Beck Publishing House.
Spătaru-Negură, L.-C. (2016). European Union Law – a new legal typology. Bucharest: Hamangiu Publishing House.
Ștefan, E. E. (2012). Administrative Law Manual, Part II. Seminar Notebook. Bucharest: Universul Juridic Publishing House.
Ștefan, E. E. (2014). Administrative Law Manual, Part I. Seminar Notebook, Edition II, . Bucharest: Universul Juridic Publishing House.
Law no. 287/2009 on the Civil Code, republished (r1) in the Official Journal, Part I no. 505 of July 15, 2011;
Law no. 286/2009 on the Criminal Code, published in the Official Journal, Part I no. 510 of July 24, 2009;
Law no. 53/2003 on the Labour Code, republished in the Official Journal, Part I no. 345 of May 18, 2011;
Law no. 303/2004 on the status of judges and prosecutors, republished in the Official Journal, Part I no. 826 of September 13, 2005;
Law no. 240/2004 regarding the producers’ liability for the damages generated by the defective products, republished (r1) in the Official Journal, Part I no. 313 of April 22, 2008;
Law no. 95/2006 on healthcare reform, republished (r1) in the Official Journal, Part I no. 652 of August 28, 2015;
Law no. 248/2017 for the approval of the Government Emergency Ordinance no. 11/2017 on the organization and functioning of the Government Agent for the Court of Justice of the European Union, as well as for the Court of Justice of the European Free Trade Association, published in the Official Journal, Part I no. 979 of December 11, 2017;
Government Emergency Ordinance no. 195/2005 on environmental protection, published in the Official Journal, Part I no. 1196 of December 30, 2005;
Government Emergency Ordinance no. 68/2007 on environmental liability with regard to preventing and remedying environmental damage, published in the Official Journal, Part I no. 446 of June 29, 2007;
Treaty on European Union;
Treaty on the Functioning of the European Union;
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