Particularităţile actelor administrative ce vizează raporturile de serviciu ale funcţionarilor publici, reglementate în O.U.G. nr. 57/2019 privind Codul administrativ.
Particularities of the administrative documents concerning the service reports of civil servants, regulated in O.U.G. Not. 57/2019 regarding the Administrative Code.

Summary/Abstract: Even before the adoption of the Administrative Code by the Government, in July 2019, by emergency ordinance, the doctrine, but also the public environment brought more criticisms regarding it, criticisms that concerned not only the substance of the regulation, but also the method of adoption. The Ombudsman submitted to the Constitutional Court the exception of unconstitutionality that he formulated after almost two months from the entry into force of the emergency ordinance through which the Administrative Code was adopted, but we will not discuss in our analysis neither the reasons invoked, nor the character of the constitutionality of the normative act currently in force. We have chosen to analyse the most important legislative solutions in the field of administrative acts through O.U.G. no. 57/2019 regarding the Administrative Code, as the new regulation establishes, in our opinion, new, more flexible and more coherent rules, regarding the administrative acts by which the service reports of the civil servants are established, modified, suspended or terminated and to those by which the disciplinary sanction of the civil servant is ordered. Also, based on the previous jurisprudential solutions, the Administrative Code also makes some necessary clarifications regarding the documents to be annexed, published and/or "communicated to the civil servant together with the administrative act, especially regarding the administrative acts aimed at senior civil servants.

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