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The recent legal changes in the field of administrative law have led to a unitary regulation of many judicial institutions, by means of codification. However, in the Administrative Code, we can notice an insufficient allocation of regulation space for administrative liability. Legally, on one hand, there are general provisions regarding the public servants’ liability, the administrative-disciplinary liability regulated by the Administrative Code, and, on the other hand, we have special Statutes for a whole series of categories of public servants. Therefore, we speak of common law in the matter of administrative liability, represented by the Administrative Code, but also by special legislation, namely “Statues”, on different domains. In recent jurisprudence, the Romanian Constitutional Court has ruled regarding disciplinary sanctions, analyzing the „warnings” method taken in the matter of police officers, as prevention measure against committing disciplinary misconduct. Therefore, the pretext that we use in the present study is to check the validity of the current legislation regarding the administrative-disciplinary liability, having as starting point the adopting of the Administrative Code, in the sense of observing what is administrative-disciplinary misconduct and what are the administrative-disciplinary sanctions applicable to public servants. In the end, we will present the conclusions we reached through our study, based on the legislation, doctrine and judicial practice. [ABSTRACT FROM AUTHOR]

Disciplinary research is the first phase of the disciplinary action. According to art. 251 paragraph 1 of the Labour Code no disciplinary sanction may be ordered before performing the prior disciplinary research.These regulations provide an exception: the sanction of written warning. The current regulations in question, kept from the old regulation, provides a protection for employees against abuses made by employers, since sanctions are affecting the salary or the position held, or even the development of individual employment contract. Thus, prior research of the fact that is a misconduct, before a disciplinary sanction is applied, is an essential condition for the validity of the measure ordered. Through this study we try to highlight some general issues concerning the characteristics, processes and effects of prior disciplinary research. [ABSTRACT FROM AUTHOR]