Statutul administratorului public în reglementarea Codului administrativ
The status of the public administrator in the regulation of the Administrative Code

Summary/Abstract: The present study aims at an analysis of the provisions of the Government Emergency Ordinance no. 57/2019 on the Administrative Code, with subsequent amendments and completions, on recruitment and access conditions in the position of public administrator at the level of administrative-territorial units and inter-community development associations, related to the principle of legal certainty, in its component on clarity, predictability and accessibility of the legal norm. Unlike the previous regulation (Chapter VIII of the Law on local public administration, no. 215/2001, republished, with subsequent amendments and completions), the legislator changed its perspective regarding the recruitment of the public administrator, which, at present, it is no longer done through competition or examination, based on a methodology approved by the local Council, but based on the appointment by order of the mayor, respectively of the president of the County Council. The revision of the status of public administrator, in terms of recruitment conditions, generated confusion in administrative practice, a non-uniform application of the law, creating the premises for the politicization of this function.

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