EIRP Proceedings, Vol 10 (2015)

Abstract

In this study we propose, based on the laws and jurisprudence, to highlight the issues of the legal liability of local elected officials in their own behalf and joint and several. To this effect we consider that we have to start from the status of the local elected officials, established by article 51, paragraph (1) of Law no. 215/2001, which states that in “the exercise of their mandate, the local councilors are serving the local community.” This aspect is developed by the special regulation in the field, Law no. 393/2004 on the Statute of local elected officials, which in article 1 indicates the subject of this legislative act, namely “establishing the terms for the exercise of the mandate by the elected local officials, the rights and obligations under the entrusted mandate”.