Rolul fundamentelor ideologice ale dreptului administrativ în configurarea noţiunilor de funcţie publică şi de domeniu public. Perspective furnizate de viitorul Cod administrativ
The Role of the Ideological Foundations of Administrative Law in Configuring the Notions of Civil Service and Public Domain. Perspectives of the Future Administrative Code

Summary/Abstract: The prospective entry into force of an Administrative Code – long-awaited and expected by jurists and practitioners in the field of public law - constitutes a good reason for a (synthetic) discussion about the role of the ideological foundations of administrative law in defining and (scientifically) describing the most important institutions belonging to this subject of study (such as the civil service, the public domain, the public enterprise, the administrative acts, the administrative contracts, the administrative litigations, the public authorities’ patrimonial liability for their illegal acts). The primary premise from which we start is that there are five ideological foundations of administrative law, namely: the public administration, the public authority, the public service, the public interest and the public power. The subsidiary premise that we add to the previously stated one is that by placing these five foundations into wider constructs, sentences, statements and ideas, we can get a strategic plan, a sort of theoretical pattern useful for the systemic/holistic study of administrative law and, implicitly, of its consubstantial institutions. We do not claim that this strategic plan or theoretical pattern is infallible. However, we believe that the study of the civil service theory or that of the public domain theory in relation to this plan or pattern has minimal chances to lead to uncertain results, lacking scientific reputation or simply redundant.

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