PREFECTUL DEMNITAR PUBLIC VERSUS PREFECTUL ÎNALT FUNCŢIONAR PUBLIC – O DISPUTĂ CU EVOLUŢIE SINUOASĂ
THE PREFECT STATE DIGNITARY VERSUS THE PREFECT HIGH-RANKING PUBLIC OFFICIAL – A DISPUTE WITH A SINUOUS EVOLUTION

Summary/Abstract: This article was given to us by the recent adoption of O.U.G. (Emergency Government Order) no. 4/2021 for the amendment and completion of the Administrative Code. The normative deed clarifies the status of the prefect and of the sub-prefect as positions of public dignity, being abandoned the condition of senior civil servant, introduced in the legislation in 2004. Supported as part of the pledges to modernize the public administration and depoliticize the public positions assumed within the process of Romania’s accession to the European Union, the legislative solution by which the prefect was granted the status of senior civil servant, apolitical was often “betrayed” by reality. This fact - surprised by the administrative practice generated controversy at the doctrinal level, but especially at the political level, being often brought into question the need to clarify the status of the prefect. In the content of this article is presented the constitutional and infra-constitutional regulation of this key position in the public administration and are captured the most important amendments brought to the Administrative Code by O.U.G. (Emergency Government Order) no. 4/2021.

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