Regimul juridic specific stabilit de noul Cod administrativ pentru personalul contractual din cadrul autorităţilor şi instituţiilor publice
The specific legal regime established by the new Administrative Code for the contractual staff within public authorities and institutions

Summary/Abstract: The apparition of the first Administrative Code of Romania – an essential legislative document for the activity of the public administration, for the life of the Romanian State, as a whole – brings, among other things, a significant novelty: the regulation of the legal regime applicable to contractual staff. Such a regime is a justified option of the legislator, taking into account the particularities of this category of personnel – an integral part of those who perform the work as employees. The study carefully analyzes the specific legal norms that apply to the contractual staff and solutions are offered for their practical application. It is concluded that two categories of legal norms produce their effects: the first is constituted by the norms specific to the contractual staff, and the second is formed of the norms that apply also to public servants. Although both categories of norms are part of the Administrative Code, they – respectively those that apply to the contractual staff – are also integrated as part of the labour law, being at the confluence of labour law with administrative law. The common law for the regulations regarding the contractual staff can be found in the norms of the Labour Code. After more than two decades, the legislator established a special regime for the contractual staff employed in public authorities and institutions, which emphasizes new arguments in favour of the autonomy of labour law within the general system of the Romanian law.

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