On a heuristic view of the guarantee position of a person responsible for an administrative procedure: the two-phase theory

Abstract

This essay features new theoretical concepts and principles in administrative law as well as in criminal law. In particular, the conducted research provides an opportunity to reflect on the guarantee position of a person responsible for a procedure and on its need to be employed in the administrative and criminal fields to protect the assets of the Public Administration and of private citizens. This need is explained in the two-phase theory developed in this paper.

More precisely, it explains the reasons (impeding powers and obligation to intervene) to create the ownership of the guarantee position on the part of the person responsible and it also analyses the two-phase harm that the behaviour of the person responsible may, in the case of a crime, cause to the assets of the P.A. and of the private citizen since, in the opinion of the author, the harm to the assets of the former would always contribute to harming the rights of the latter.