Administrative Corpus Juris between Implementation, Reforms and Continuous Developments. Contributions to the 5th International Conference „Contemporary Challenges in Administrative Law from an Interdisciplinary Perspective”, May 27, 2022, Bucharest
Administrative Corpus Juris between Implementation, Reforms and Continuous Developments. Contributions to the 5th International Conference „Contemporary Challenges in Administrative Law from an Interdisciplinary Perspective”, May 27, 2022, Bucharest
Contributor(s): Spyridon Flogaitis (Editor), Catalin-Silviu Sararu (Editor)
Subject(s): Constitutional Law, International Law, Law and Transitional Justice, Public Law, Court case, Comparative Law, Administrative Law
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: administrative law; comparative law; public law; international law;
Summary/Abstract: This volume contains the scientific papers presented at the 5th International Conference “Contemporary Challenges in Administrative Law from an Interdisciplinary Perspective” that was held on 27 May 2022 online on Zoom. The conference is organized every year by the Society of Juridical and Administrative Sciences together with the Faculty of Law of the Bucharest University of Economic Studies. More information about the conference can be found on the official website: www.alpaconference.ro. The scientific studies included in this volume are grouped into two chapters: I. Real and virtual meeting points for contemporary approaches to the study and practice of administrative law, and II. A rehearsal of some topics of interdisciplinary approaches in administrative sciences. This volume is aimed at practitioners, researchers, students and PhD candidates in juridical and administrative sciences, who are interested in recent developments and prospects for development in the field of administrative law and public administration at international and national level.
- E-ISBN-13: 978-606-95351-3-4
- Page Count: 136
- Publication Year: 2022
- Language: English
The effects of judgments on the suspension of normative administrative acts and their concrete consequences
The effects of judgments on the suspension of normative administrative acts and their concrete consequences
(The effects of judgments on the suspension of normative administrative acts and their concrete consequences)
- Author(s):Anamaria Groza
- Language:English
- Subject(s):Politics / Political Sciences, Law, Constitution, Jurisprudence, Public Administration, Public Law, Administrative Law
- Page Range:13-24
- No. of Pages:12
- Keywords:normative administrative act; suspension of enforcement of the administrative act; erga omnes effects; inter partes effects; res judicata authority;
- Summary/Abstract:The judgments ordering the suspension of administrative acts, whether individual or normative, have effect only between the parties to the dispute in which they were given. If in the case of individual administrative acts, this effect is fully justified, in the case of normative administrative acts, the situation becomes problematic. The study aims to analyze the legal basis of the two proposed solutions regarding the effects of judgments ordering the suspension of normative administrative acts: inter partes effects vs. erga omnes effects. The research conducted is descriptive and explanatory, supported by relevant case law and doctrine. If a normative administrative act has been suspended by the court (all the more so when the judgment has become final), that act might be suspected of illegality. In this case, one of the three presumptions on which its enforceability is based, the presumption of legality respectively, has been temporarily removed. The principle of the legality of administrative acts justifies the removal of the enforcement of this act also in relation to the persons who did not have the quality of party, but who can bear the consequences of a seemingly illegal act. At the same time, the specifics of the normative administrative act, as well as the principles of the predictability of the law and legal certainty, argue in favour of this solution.
Administrative burdens in the process of legal regulation
Administrative burdens in the process of legal regulation
(Administrative burdens in the process of legal regulation)
- Author(s):Manol Stanin
- Language:English
- Subject(s):Politics / Political Sciences, Law, Constitution, Jurisprudence, Public Law, Administrative Law
- Page Range:25-32
- No. of Pages:8
- Keywords:administrative burdens; legal regulation; reproduction; lawmaking; good citizens;
- Summary/Abstract:The orientation of the mechanism of legal regulation towards the protection and improvement of legally relevant public relations is accompanied by the opposite process. Its numerous manifestations are collectively verbally referred to as administrative bur- dens. They are not unequivocally negative. Achieving and maintaining a reasonable balance in this unity of opposites is a challenge not only for the executive power but also for the legislature and the judiciary. This balance is important because it depends on the state of the right to good governance and good administration, including the confidence of citizens in the normative system of law and the democratic foundations of society. Its refinement is a difficult task, given the potential of administrative burdens to be reproduced, as well as because the concept of good administration lacks in-depth study of the relation between good administration - good citizens. Their systemic conditionality predetermines the application of a systematic method of scientific research to find acceptable and effective solutions for both the legislature and the executive, as well as for citizens. Revealing the importance and role of dialogue in achieving these goals justifies the use of discursive analysis.
Election and dismissal of the deputy mayor according to the Administrative Code
Election and dismissal of the deputy mayor according to the Administrative Code
(Election and dismissal of the deputy mayor according to the Administrative Code)
- Author(s):Mihai Cristian Apostolache
- Language:English
- Subject(s):Politics / Political Sciences, Law, Constitution, Jurisprudence, Public Administration, Public Law, Administrative Law
- Page Range:33-41
- No. of Pages:9
- Keywords:deputy mayor; administrative code; election; dismissal;
- Summary/Abstract:The position of deputy mayor has been under regulation since the beginning of the post-December legislation, the deputy mayor being qualified as an assistant of the mayor. Depending on the rank of the locality, there may be one or two deputy mayors. As an important feature, the deputy mayor enters both the executive and the deliberative power, acting as a link between the two authorities at local level, the mayor and the local council. The paper deals with the procedure of appointing the deputy mayor, as well as the loss of this quality, by dismissal, as they are regulated in the Administrative Code.
Institutions of administrative law that protect the rights of tourists, consumers of hotel services in Romania/ European Union
Institutions of administrative law that protect the rights of tourists, consumers of hotel services in Romania/ European Union
(Institutions of administrative law that protect the rights of tourists, consumers of hotel services in Romania/ European Union)
- Author(s):Ioana Nely Militaru, Laura Ramona Nae
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Tourism, EU-Legislation, Administrative Law
- Page Range:42-52
- No. of Pages:11
- Keywords:hotel services; tourist-European consumer; alternative dispute resolution methods; HoReCa; integrity warning; public interest;
- Summary/Abstract:In the field of tourism, especially in the HoReCa sector, the protection of customers-beneficiaries of consumers of hotel services and products is vital, because if these products and services are non-compliant, unsafe, they can affect and cause damage to the health and safety of consumers. In the legislative context, both at EU and domestic level, through a number of legal instruments, a number of measures are being taken to protect consumers' rights, including through alternative dispute resolution methods. The role of whistleblowers is also of particular importance because infringements of legal rules can be affected by: fair competition for all EU professionals, business, contractual relations, consumer rights, the interests of traders and shareholders in business investment. All this can ultimately lead to the destabilization of the internal market and, implicitly, of the international market, of the business environment.
The dilemmas of the judicial review of economic administration on the example of Polish law
The dilemmas of the judicial review of economic administration on the example of Polish law
(The dilemmas of the judicial review of economic administration on the example of Polish law)
- Author(s):Rafał R. Wasilewski
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Law on Economics, Administrative Law
- Page Range:53-60
- No. of Pages:8
- Keywords:Polish law; judicial review; economic administration; administrative courts; common courts;
- Summary/Abstract:The article deals with the problem of the judicial review of economic authorities in Polish law. The analysis of constitutional provisions warrants the conclusion that such control may be exercised by both common courts and administrative courts, despite the fact that each is governed by different systemic and procedural regulations. In fact, the judicial review of economic administration in Poland has been exercised by both types of courts, although the legitimacy of this dual solution is questioned in the literature.
Moral damages in comparative administrative law
Moral damages in comparative administrative law
(Moral damages in comparative administrative law)
- Author(s):Elena Emilia Ştefan
- Language:English
- Subject(s):Politics / Political Sciences, Law, Constitution, Jurisprudence, Public Law, Comparative Law, Administrative Law
- Page Range:61-69
- No. of Pages:9
- Keywords:administrative law; the Council of State; liability; moral damages; public service;
- Summary/Abstract:At present, the national legislation does not provide criteria for assessing the moral damages for prejudice suffered by the victim of an activity of the administration. In this sense, the judge will be the one who will analyze on a case-by-case basis whether he will grant moral damages and in what amount. We are currently witnessing an interference of civil law with administrative law regarding the forms of administrative-patrimonial liability. From this perspective, the present paper aims to analyze the case-law of French law in order to outline such a tendency of the judge, whether from the Administrative Court or the Council of State, on whether or not to grant moral damages arising from the idea of risk in the activity of public administration. Through law-specific research methods, we will investigate two current cases that can provide an insight into the contribution of case-law to shaping the legal regime of administrative liability. This highlights the way in which the administrative judge grants moral damages if the state is held liable sans faute. From this point of view, the topic is interesting for legal specialists who will find in this paper information about the practical applicability of the concept of administrative liability.
Suspension of public servants - constitutionality issues of article 513 paragraph (1) letter l) of the Romanian Administrative Code
Suspension of public servants - constitutionality issues of article 513 paragraph (1) letter l) of the Romanian Administrative Code
(Suspension of public servants - constitutionality issues of article 513 paragraph (1) letter l) of the Romanian Administrative Code)
- Author(s):Marta-Claudia Cliza, Bogdan-Florin Micu, Laura-Cristiana Spătaru-Negură
- Language:English
- Subject(s):Politics / Political Sciences, Law, Constitution, Jurisprudence, Public Administration, Public Law, Administrative Law
- Page Range:70-78
- No. of Pages:9
- Keywords:presumption of innocence; right to work; public servant; Administrative Code; criminal law; suspension of the public employment relationship;
- Summary/Abstract:The entry into force of the Romanian Administrative Code has maintained, unfortunately, a controversial legal provision, regarding the suspension of the public servant's employment relationship, in case legal proceedings are taken against the public servant, if commited certain acts. From our perspective, article 513 paragraph (1) letter l) of the Romanian Administrative Code raises serious concerns regarding the presumption of innocence and the right to work of the public servants found in such situation. The present study tries to bring a multidisciplinary legal interpretation of the authors regarding the analysed legal provision and certain arguments for considering this provision able to be declared, soon, unconstitutional.
The Law on metropolitan areas. The intention of the legislator to regulate one of the forms of association of local communities
The Law on metropolitan areas. The intention of the legislator to regulate one of the forms of association of local communities
(The Law on metropolitan areas. The intention of the legislator to regulate one of the forms of association of local communities)
- Author(s):Gabriel Marin
- Language:English
- Subject(s):Politics / Political Sciences, Law, Constitution, Jurisprudence, Public Administration, Public Law, Administrative Law
- Page Range:79-91
- No. of Pages:13
- Keywords:administrative territorial organization; metropolitan areas; principle of subsidiarity; administrative law;
- Summary/Abstract:The forms of association of local communities are the intercommunity development association and the metropolitan area. These two forms of association of local communities can be formed into private entities of public interest. In contrast to inter-community development associations, metropolitan areas may have a limited territorial jurisdiction of up to 30 km compared to the county municipality where they can be established. In addition, according to the normative acts in force, metropolitan areas can only be established around municipalities of county or municipalities declared. Although the legislator wished for a difference between intercommunity development associations and metropolitan areas, even though there was no express text of the law that could be applied for differentiation, local public authorities understood to establish metropolitan areas in the same way as intercommunity development associations. Realizing that the metropolitan area can be used to determine financial and social growth within the communities that compose it, the legislator, through the relevant ministry, published on its virtual page, on March 8, for public consultation, on the Metropolitan areas Law, wishing to know the position of the citizens in relation to the changes they wish to make in relation to this form of association of local communities. In the present study, we analyze the provisions of the draft normative act on metropolitan areas quantitatively, showing what essential changes shall be made within this form of association of local communities if the law shall be promulgated, what are the financial and social benefits for the local communities that make up a metropolitan area and what changes could be made to the draft normative act. For the administrative territorial organization of the Romanian state, the legislation on metropolitan areas represented a step toward a modern administrative territorial organization of European type, respecting the principle of subsidiarity more than it is currently respected.
The constitutional review of the Standing Orders and Resolutions of the Parliament
The constitutional review of the Standing Orders and Resolutions of the Parliament
(The constitutional review of the Standing Orders and Resolutions of the Parliament)
- Author(s):Marieta Safta
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Constitutional Law, Administrative Law
- Page Range:92-104
- No. of Pages:13
- Keywords:Parliamentary resolutions; Standing Orders of the Parliament; constitutional review; rule of law; Constitutional Court;
- Summary/Abstract:The Constitution of Romania regulates the constitutional review of the Standing Orders of each Chamber of the Parliament, and the Law on the organization and functioning of the Constitutional Court regulates the constitutional review of the Resolutions of the Parliament. Over time, an established case-law of the Constitutional Court of Romania has been straightened out, likely to reveal both the extent of the constitutional powers and the rules to be complied with by the Parliament in adopting the resolutions, as well as the extent of the powers of the Constitutional Court in carrying out the above- mentioned powers. This study is aimed at highlighting the importance of the constitutional review of the Standing Orders and resolutions of the Parliament in order to ensure the rule of law.
Competition Council in Ukraine
Competition Council in Ukraine
(Competition Council in Ukraine)
- Author(s):Ovidiu Horia Maican
- Language:English
- Subject(s):Politics / Political Sciences, Law, Constitution, Jurisprudence, Public Administration, Public Law, Administrative Law
- Page Range:105-115
- No. of Pages:11
- Keywords:Ukraine; European Union; competition; Antimonopoly Committee;
- Summary/Abstract:Even in the present context, we must now the legal preconditions for the harmonization of Ukrainian legislation in the field of competition law with the law of the European Union. Due to its evolution, the competition law has been, and remains, a priority in the harmonization process of Ukrainian legislation. This aspect now is very important due to Ukraine determination to became member of European Union and because is one of the Romania s neighbors.
The documents issued within the surrender procedure based on the European arrest warrant according to the Law no. 302/2004 on – typical administrative acts
The documents issued within the surrender procedure based on the European arrest warrant according to the Law no. 302/2004 on – typical administrative acts
(The documents issued within the surrender procedure based on the European arrest warrant according to the Law no. 302/2004 on – typical administrative acts)
- Author(s):Bogdan-Florin Micu
- Language:English
- Subject(s):Politics / Political Sciences, Law, Constitution, Jurisprudence, Public Administration, EU-Legislation, Administrative Law
- Page Range:116-125
- No. of Pages:10
- Keywords:European arrest warrant; administrative acts; abuse of power; judicial competent authority; Ministry of Justice; JHA Framework Decision;
- Summary/Abstract:The administrative law`s formation as a distinctive branch of law has been generated by the necessity to organize the complex activity of the public administration, the social relations within this sphere being, therefore, regulated also in relation to other branches of public and private law. Except for the well-known inner connection between the contravention and criminal matters from the perspective of the guarantees provided to the individuals, the administrative law is highly connected to other branches of public law, such as criminal executional law, as we will present further. The current paper aims to present the peculiarities of the surrender procedure based on a European arrest warrant from the perspective of the issuing of administrative acts that can be subject to the control of lawfulness before the contentious administrative Court.
Power and inclusion of students in their own postgraduate learning journeys
Power and inclusion of students in their own postgraduate learning journeys
(Power and inclusion of students in their own postgraduate learning journeys)
- Author(s):Jean Chrysostome Kanamugire
- Language:English
- Subject(s):Social Sciences, Education, Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law, Higher Education
- Page Range:126-135
- No. of Pages:10
- Keywords:postgraduate students; supervisors; supervision; independent researchers; inclusion; diversity; memorandum of understanding;
- Summary/Abstract:Supervisors have a duty to develop students into independent researchers. Types of supervision include one-on-one supervision, co-supervision, and group supervision. Postgraduate students pass through different stages to acquire their appropriate degrees. They include proposal stage, data collection, progression to masters or PhD, and completion. Supervisors have to internalise the needs of postgraduate students and facilitate research in their areas of specialisation. They assist students to realise their potentials. They can influence and motivate students to complete their postgraduate studies. Super- visors need to understand and accommodate the diversity of students. They have to include all students in all the scholarship activities and ensure they respond to the needs of each specific student. Students should be responsible for their postgraduate studies. At the same time, supervisors have to provide feedback on the works of the students within a reasonable time. A Memorandum of Understanding is crucial to manage and maintain the good relationship between a student and a supervisor. The throughput rate can be increased if there is a good working relationship between the supervisors and students.
