The rights of civil servants. The right to refuse to sign administrative acts considered illegal Cover Image
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Drepturile funcționarilor publici. Dreptul de a refuza semnarea actelor administrative considerate nelegale
The rights of civil servants. The right to refuse to sign administrative acts considered illegal

Author(s): Mădălina Voican
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Public Administration, Administrative Law
Published by: Universul Juridic
Keywords: civil servants right of refusals to sign; civil servants disobedience; civil servants protectio;

Summary/Abstract: Our research aims to better understand how public institutions have implemented the rules that guarantee the effective exercise of the right of the civil servant to refuse to sign administrative acts. Law 140/2017 and the 2019 Administrative Code granted the civil servants the right of refusals to sign. These laws protects public sector employees when they raise flags over illegal activities within a government organization. The paper investigates the background procedure that enables effective exercise of refusals to sign right. We seek to better understand how public entities have implemented the rules that guarantee the effective exercise of the right of the civil servant to refuse to sign administrative acts. Trough data collection and analysis, we assess the performance of public entities legal counteractive measures such as the elaboration of the procedure and the book keeping of refusals to sign in a public register published on paper and digital. Our goal is to improve current situation and to make recommendations that lead to limitation of politics influence and ensure the neutrality of civil servants in the exercise of their duties.

  • Issue Year: 2022
  • Issue No: 02
  • Page Range: 86-100
  • Page Count: 15
  • Language: Romanian