MORAL DAMAGES IN ROMANIAN ADMINISTRATIVE CONTENTIOUS: A FATA MORGANA?

Abstract

The study analyses the way compensations are granted in the case moral damages were caused to the victim, if the action is settled according to the Law no. 554/2004 on administrative litigations of assimilated administrative acts. Ab initio, there are presented the principle of legality and minimum general notions on administrative litigations. Later, the paper approaches the notions of ”damages”, ”loss” and ”compensation”. The author then provides further clarification on ”material damages”- ”moral damages” dichotomy which may be found in the law on administrative litigations. Consequently, jurisprudential elements which denote a practice which lacks unity in approaching compensations given to damaged persons are emphasized.

Keywords

• administrative litigations;
• moral damages;
• compensations;