Considerations on the preliminary theses of the draft Administrative Code Cover Image
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Considerații asupra tezelor prealabile ale proiectului de Cod administrativ
Considerations on the preliminary theses of the draft Administrative Code

Author(s): Mihaela V. Cărăușan, Ioan Alexandru
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: administrative principles; adaptation; binary logic; normative correction; predictability.

Summary/Abstract: This article presents one of the issues of administrative law, namely its codification, by using the comparative study and the diagnosis analysis. Based on the inventory of the essential elements of the preliminary theses the conditions of the subsequent evolution of the Administrative Code in Romania are identified. The study emphasises the necessity to correct the existing normative framework and the thorough analysis of the social necessities. At the same time, the article draws attention to the necessity to adopt the Administrative Procedure Code with major role in the simplification and stability of the legal relations of the public administration with the other social protagonists. The diversity of meanings on the administrative codification from other states reflects the place and role of the Administrative Code in the Legislative Repertoire, but also its corroboration with the sectoral codes. The article points out, by recommendations, the normative requirements regarding the proper functioning of the public administration and draws attention to some measures that can be implemented within the limits of the current legal framework.

  • Issue Year: 2016
  • Issue No: 12
  • Page Range: 128-142
  • Page Count: 15
  • Language: Romanian