Notes, observations and reflections on some theses preliminary to the adoption of an Administrative Code in Romania Cover Image
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Note, observații și reflecții asupra unor teze prealabile adoptării unui Cod administrativ în România
Notes, observations and reflections on some theses preliminary to the adoption of an Administrative Code in Romania

Author(s): Cristian Clipa
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: Administrative Code; public administration; ideological foundations of the administrative law; terminology of the administrative law; public authority; assimilated public authority, legal personality

Summary/Abstract: The Government Decision No 196/2016 has approved the preliminary thesis of the draft Administrative Code. The Government’s intention to give an incentive to the adoption of the Administrative Code, although it is salutary, is not the first. In recent years, several other proposals circulated in Romania for the adoption of an Administrative Code, which however have not been successful, so that, more than 25 years after the change of the political regime in our country, the practitioners, as well as the theorists of the administrative law are confronted with an unsystematized legislation, lacking coherence here and there and generating very different jurisprudential solutions, as well as administrative practice solutions. Within this study, the author intends to discuss some specific issues raised by these theses of the draft Administrative Code, namely: the unity and the ideological and, implicitly, terminological coherence in the administrative law; the organisation of the central public administration, including of its relations with its decentralized structures; the status of the civil servants, as well as the status applicable to the contractual staff of the public administration and the organization, functioning and disputed claims of the public services.

  • Issue Year: 2016
  • Issue No: 12
  • Page Range: 143-161
  • Page Count: 19
  • Language: Romanian
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