Practical Aspects Regarding the Role of Administrative Law in the Modernization of Public Administration. Contributions to the 2nd International Conference `Contemporary Challenges in Administrative Law from an Interdisciplinary Perspective`, May 17
Practical Aspects Regarding the Role of Administrative Law in the Modernization of Public Administration. Contributions to the 2nd International Conference`Contemporary Challenges in Administrative Law from an Interdisciplinary Perspective`, May 17,
Contributor(s): M. Elvira Mendez-Pinedo (Editor), Jakub Handrlica (Editor), Catalin-Silviu Sararu (Editor)
Subject(s): Politics / Political Sciences, Public Administration, Public Law
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: administrative law; pubic administration; public law; comparative administrative law; international administrative law;
Summary/Abstract: This volume contains the scientific papers presented at the 2nd International Conference “Contemporary Challenges in Administrative Law from an Interdisciplinary Perspective” that was held on 17 May 2019 at Bucharest University of Economic Studies, Romania. The scientific studies included in this volume are grouped into two chapters: Practical Aspects Regarding the Role of Administrative Law in the Modernization of Public Administration at European and International Level and Practical Aspects Regarding the Role of Administrative Law in the Modernization of Public Administration at National Level. 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: 978-606-94312-8-3
- Page Count: 293
- Publication Year: 2019
- Language: English
The European level of research and development funding policy
The European level of research and development funding policy
(The European level of research and development funding policy)
- Author(s):Oana Iuliana Rujoiu
- Language:English
- Subject(s):Public Administration, EU-Legislation
- Page Range:12-23
- No. of Pages:12
- Keywords:the public funding policy; research; development; projects;
- Summary/Abstract:The study presents some indicators that characterize the Romanian public funding policy in comparison with other European countries. An alarming lack of project-based funding accompanies the lack of Romanian public R&D resources. The data indicate that the most industrialized European countries tend instead to strengthen and differentiate the mixture of policy instruments, to reach leadership positions in particularly promising fields for prospective developments; Romania does not follow this trend, making it more challenging to extract the benefits of this strategy. The orientation towards a performance-based distribution of institutional financing is the most significant change in Romania's scientific policy. However, the allocation of public funds for R&D had a massive contribution to the decline of this sector. The organization of the Romanian research system maintains a strongly hierarchical mold based on ministerial actors, and there are no autonomous bodies able to elaborate policy instruments suitable for supporting sectors, structures, territories and activities. That's why the public intervention is necessary mediating between the various governmental interests and the demand for funding coming from the research community, the scientific organizations, and corporates.
A perspective on conservation of underwater cultural heritage with reference to international conventions and administrative laws by the State
A perspective on conservation of underwater cultural heritage with reference to international conventions and administrative laws by the State
(A perspective on conservation of underwater cultural heritage with reference to international conventions and administrative laws by the State)
- Author(s):Harsh Pathak
- Language:English
- Subject(s):International Law, Public Law
- Page Range:24-34
- No. of Pages:11
- Keywords:underwater; maritime; heritage; UNESCO; conservation; convention; preservation;
- Summary/Abstract:That sheer quantity of submerged human history has led monuments and wrecks to be considered in terms of “cultural heritage” rather than mere submerged objects. And it has become a subject of conservation through convention and proper legislation by the state as cultural heritage. It implies something worth preserving and warranted an active state legislative and administrative action for its conservation. This paper is based on importance of underwater cultural heritage (UCH) and UNESCO convention, as guiding principle for the state to frame appropriate legislation, regulations and administrative actions to conserve underwater cultural heritage.
European and international institutional connection of the National Council for Combating Discrimination
European and international institutional connection of the National Council for Combating Discrimination
(European and international institutional connection of the National Council for Combating Discrimination)
- Author(s):Cristian Jura
- Language:English
- Subject(s):International Law, Human Rights and Humanitarian Law
- Page Range:35-47
- No. of Pages:13
- Keywords:National Council for Combating Discrimination; Council of Europe; ECRI; discrimination; European Convention for Human Rights; European Union;
- Summary/Abstract:The primary purpose of this research study is to introduce and examine the European and international network of the National Council for Combating Discrimination, one of the national institutions in a permanent connection with most of the international organizations, namely United Nations, Council of Europe, OSCE, European Union and others. The National Council for Combating Discrimination (CNCD) was established inAugust 2002, following the adoption of the Government Ordinance no. 137/2000 and Government Decision no. 1194/2001 regarding the organization and operation of CNCD. These documents are in fact the transposition into the national legislation of certain European directives. At European level, there are institutions similar to CNCD in all the Member States of the EU, yet CNCD is singular thanks to the fact that it can ascertain discrimination on 14 different criteria and can impose sanctions. No other institution of this nature covers such a large scope. CNCD is an autonomous state authority, under Parliament control, which carries out its activity in the field of prevention, combating and sanctioning of all the discrimination forms. The main method to compile this study is the content analysis, simple or comparative, dealt with in a manner specific to research in the sector of socio-human sciences, law and history, respectively. Several statistical aspects will be underlined where they are a natural completion to the quality analysis. An essential role is played by personal experience of almost 20 years in the public international law. This research study will help with a better understanding of the role and place that CNCD occupies in the society and a model of international connection of a national institution.
The proportionality principle used as standard by the European Court of Human Rights when assessing the excess of power
The proportionality principle used as standard by the European Court of Human Rights when assessing the excess of power
(The proportionality principle used as standard by the European Court of Human Rights when assessing the excess of power)
- Author(s):Oana Şaramet, Georgeta-Bianca Spîrchez
- Language:English
- Subject(s):Human Rights and Humanitarian Law, Public Law
- Page Range:48-61
- No. of Pages:14
- Keywords:principle of proportionality; public interest; freedom of expression; the right to peaceful assembly and association; limitation of the property right;
- Summary/Abstract:The study herein aims at examining the implementation of the proportionality principle in the European Court of Human Rights case law, as a means of controlling the activity of the national authorities, namely limiting the excess of discretionary power. The main motivation for such an approach consists in providing the guidelines in the decisionmaking process of restricting certain fundamental rights and freedoms, so that the provided substantiation to form the belief that all relevant factors have been taken into accountand that the measures implemented in those cases are transparent, non-discriminatory and accountable. Thus, in drawing up this study, we have taken into account the relevance that the principle of proportionality should have in the activity of the public authorities, including that of the public administration. The exercise of their powers shall be always done in accordance with the principle of legality, but also within the limits of the discretionary power accepted so as not to prejudice the fundamental rights and freedoms of individuals and not to compromise the public interest by excess power or even abuse of power. The importance of the principle of proportionality is also revealed by the Constitutional Court of Romania, which has built its own case-law in this respect on the jurisprudential elements developed by the ECHR. This is the reason for which, in this study, we shall also mention the case-law issues of the Romanian Constitutional Court, not just those of ECHR.
Considerations on the functions of the European Council
Considerations on the functions of the European Council
(Considerations on the functions of the European Council)
- Author(s):Ileana Voica
- Language:English
- Subject(s):EU-Legislation
- Page Range:62-76
- No. of Pages:15
- Keywords:European Council; EU Council; legislative functions; organic attributes; EU strategic interests; draw back of a Member State; COREPER (Committee of Permanent Representatives);
- Summary/Abstract:The work focuses mainly on the functions of the European Council, after a brief review of its regulations in the treaties, its composition and organization, as well as on the functioning of the European Council. It also addresses the European Council's connection with the EU Council, mainly in order to underline the importance of the EU Council for Romania in the current period, when our country holds the presidency of the EU Council, for six months, starting with January 1st 2019, but also in order to avoid any confusion between the European Council and the EU Council.
The lawful State in the context of the normative and institutional requirements of European Union
The lawful State in the context of the normative and institutional requirements of European Union
(The lawful State in the context of the normative and institutional requirements of European Union)
- Author(s):Marius Andreescu
- Language:English
- Subject(s):Constitutional Law, EU-Legislation
- Page Range:77-93
- No. of Pages:17
- Keywords:conditions of the lawful state; separation and balance of the powers; the supremacy of law; guaranteeing of the fundamental rights; the constitutional and administrative jurisprudence;
- Summary/Abstract:The doctrine of the lawful state comes from the German theory and jurisprudence, but is now a requirement and a reality of the constitutional democracy in contemporary society. Presently, the lawful state is no longer merely a doctrine but a fundamental principle of democracy consecrated in the Constitution and international political and legal documents. In essence, the concept of the lawful state is based on the supremacy of law in general and of Constitution in particular. Essential for the contemporary realities of the lawful state are the following fundamental elements: the moderation of the exercise of state power in relation to the law, the consecration, guaranteeing and observance of the constitutional rights of man especially by the state powers and, last but not least, the independence and impartiality of justice. In this study we analyze the most important elements and features of the lawful state with reference to the contemporary realities in Romania in the context of the requirements expressed in the political and legal instruments of European Union. An important aspect of the analysisis the separation, balance and cooperation of the state powers, in relation to the constitutional provisions. The excess of power of the public authorities, the excessive politicking and failure to respect the independence of justice are aspects of contemporary social and state reality that contravene to the requirements of the lawful state. Are analyzed the most significant aspects of the Constitutional Court jurisprudence and the jurisprudence of administrative courts in regard to the guaranteeing of the lawful state attribute in Romania, as well as, regarding the power excess.
The Schengen area in the context of the free movement of persons in the European Union
The Schengen area in the context of the free movement of persons in the European Union
(The Schengen area in the context of the free movement of persons in the European Union)
- Author(s):Ioana Nely Militaru
- Language:English
- Subject(s):EU-Legislation
- Page Range:94-101
- No. of Pages:8
- Keywords:free movement of persons; European Union; Schengen area; borders; European Parliament; Council; regulation;
- Summary/Abstract:The free movement of persons in the European Union is certainly one of the most concrete achievements of the European integration process. The establishment of the Schengen area in 1995 led to the abolition of controls at the internal borders of the European Union. Currently, the Schengen area comprises most of the EU states except Ireland and the United Kingdom, which have opted to stay outside, as well as Bulgaria, Croatia, Cyprus and Romania, which are bound to join Schengen. However, EU citizens benefit from free movement when traveling within the EU, whether or not the country is part of the Schengen area. If they enter the territory of an EU Member State that is not part of the Schengen area, EU citizens are in principle subject to a minimum identity check based on travel documents, respectively passports or identity cards).
Why do we have to take examples from others?
Why do we have to take examples from others?
(Why do we have to take examples from others?)
- Author(s):Lidia-Gabriela Herciu
- Language:English
- Subject(s):Public Administration, Public Law
- Page Range:102-110
- No. of Pages:9
- Keywords:intellectual capital; intellectual capital report; organisational intelligence; development of society;
- Summary/Abstract:Intellectual capital is an up to date concept. The term intellectual capital (IC) has been used for the first time in 1836 by William Nassau Senior, economist, when he was pointing out that the IC of Great Britan has exceeded by far all the material capital, not only in importance, but also in productivity. The world has evolved since 1836 upuntil now. Industrial economy has been, step by step, replaced by the knowledge economy. This replacement process started in 1959. It was Peter F. Drucker who drew attention to knowledge economy. IC came from 3 diffrent spheres: economics, management and accounting and became attractive to academics. Therefore, reaserchers could use IC in order to create new toolsthat produced essential change. We refer particulary to The Intellectual Capital of the State of Israel Report that became an instrument to promote Israel. The purpose of this paper is to analyse the role and the importance of intellectual capital in developing communities, with a focus on Romania and how IC could help Romania to develop in the near or distant future. The reasearch emphasises the importance of the IC and of the organisational intelligence for the society’s development.
The identity and legitimacy of the PhD in administrative sciences
The identity and legitimacy of the PhD in administrative sciences
(The identity and legitimacy of the PhD in administrative sciences)
- Author(s):Valentina Cornea
- Language:English
- Subject(s):Public Administration, Public Law
- Page Range:111-123
- No. of Pages:13
- Keywords:doctoral studies; PHD; research; scientific result; administrative science;
- Summary/Abstract:The research in public administration within the PHD programmes contributes to the satisfying of the need for scientific knowledge in the field. The present study is an approach to the nature of research within the PHD programmes in Administrative Sciences. We synthetize data and information obtained out of the analysis of the activity of the doctoral programmes in Administrative Sciences and we relate it to the criteria that confer the identity and legitimacy of the PHD. We consider three essential elements: major research subjects, research methodologies, and the results disseminated that we relate to the field of study in Administrative Sciences and to the context. We realise a first diagnosis of the stage of the PHD in Administrative Sciences in Romania and the measure that it is relevant to the new economy of knowledge. The conclusion of the study is that the legitimacy of the PHD in Administrative Sciences is mainly ensured by the need to bring the academic studies in accordance to the Bologna system and the criteria imposed in order to follow an academic career. The major subjects of research consider the tendencies of evolution in Administrative Science as a totalizing science.
The institution of civil servants in Romania, according to current legislation
The institution of civil servants in Romania, according to current legislation
(The institution of civil servants in Romania, according to current legislation)
- Author(s):Viorica Cornelia Grăjdeanu
- Language:English
- Subject(s):Public Administration, Public Law
- Page Range:124-130
- No. of Pages:7
- Keywords:public function; civil servant; public administration; senior civil servants;
- Summary/Abstract:All the functions and responsibilities established by the law in order to carry out the legal powers of public power by the central public administration, the local public administration and by all autonomous administrative authorities, designate the institution of the civil service. All the legislation in force defines the civil servant as the natural person, appointed under the law in a public position in Romania, who carries out the activities stipulated by the normative acts in force, activities that involve the exercise of the powers of public power. The total number of civil servants within the public administration central and local authorities and within the autonomous administrative authorities are the Corps of Civil Servants in Romania. The public state functions are established and approved according to the law, within the ministries, the specialized bodies of the central public administration, as well as within the autonomous administrative authorities. Territorial public functions are established and approved, according to the law, within the prefect institution, the deconcentrated public services of the ministries and the other bodies of the central public administration in the territorial administrative units. The local public services are established and approved, according to the law, within their own apparatus, the local public administration authorities and the public institutions subordinated to them.
Considerations on certain legal issues regarding the establishment of the National Council for the Development of Human Resources in Public Administration
Considerations on certain legal issues regarding the establishment of the National Council for the Development of Human Resources in Public Administration
(Considerations on certain legal issues regarding the establishment of the National Council for the Development of Human Resources in Public Administration)
- Author(s):Andreea Stoican
- Language:English
- Subject(s):Public Administration, Public Law
- Page Range:131-136
- No. of Pages:6
- Keywords:human resources; public administration; unconstitutionality exception; administrative reform;
- Summary/Abstract:At the beginning of 2019, Law no. 69/2019 on the establishment of the National Council for the Development of Human Resources in Public Administration entered into force. It is an advisory, with no legal personality, non-permanent body that functions alongside the General Secretary of the Government under the Prime Minister's coordination. Although the role of establishing such a body has been intensely debated and appreciated as being of particular interest in the existence of a strategy to strengthen the administrative efficiency of the Member States of the European Union, including a reformof the public administration, the entry into force of this law was not exempt from contradictory discussions, culminating even with the claim of its unconstitutionality, through the submission in court of the exception of unconstitutionality.
The obligation to notify the judicial bodies in relation to commission of certain acts stipulated by the criminal law in connection with the exercise of state authority
The obligation to notify the judicial bodies in relation to commission of certain acts stipulated by the criminal law in connection with the exercise of state authority
(The obligation to notify the judicial bodies in relation to commission of certain acts stipulated by the criminal law in connection with the exercise of state authority)
- Author(s):Gianina-Anemona Radu
- Language:English
- Subject(s):Criminal Law
- Page Range:137-143
- No. of Pages:7
- Keywords:civil servant; criminal liability; notification of the judicial body; criminal law;
- Summary/Abstract:Entailing criminal responsibility is the most severe form of liability in a rule of law. Knowing the criminal law is a task for all citizens. When the violation of these rules is done by the very persons who carry out tasks within the state authorities, this become seven more serious. Our study aims to contribute to knowing the categories of persons who are criminally responsible for non-fulfilment of certain obligations deriving from their professional qualities when they are aware of commission of offenses and to determining their contribution to the initiation of criminal proceedings. The study of the judicial practice in criminal matters, in connection with the guidance decisions of the High Court of Cassation and Justice, helps to determine the scope of criminal liability of the civil servant when it has the obligation to denounce certain criminal acts which come to his/her attention from the perspective of his/her work duties.
Aspects on the practical utility of the transfer in the field of the employees and the public servant. Proposals de lege ferenda
Aspects on the practical utility of the transfer in the field of the employees and the public servant. Proposals de lege ferenda
(Aspects on the practical utility of the transfer in the field of the employees and the public servant. Proposals de lege ferenda)
- Author(s):Ana Vidat
- Language:English
- Subject(s):Public Administration, Public Law
- Page Range:144-149
- No. of Pages:6
- Keywords:individual employment contract; individual administrative; change contract; transfer;
- Summary/Abstract:The transfer institution aims to ensure the continuity of the individual labor contract/individual administrative contract and seniority, the new unit being subrogated to the contractual rights and obligations assumed by the first unit. Regarding the practical utility of the transfer, it should be stressed that the employment/service relationship does not cease with the first employer, and a new contract with the second employer is concluded; thus, the same individual labor contract/individual administrative contract is ceded definitively from the first to the second employer.
Administrative democratization: the participation of citizens in the Portuguese administrative system
Administrative democratization: the participation of citizens in the Portuguese administrative system
(Administrative democratization: the participation of citizens in the Portuguese administrative system)
- Author(s):Bárbara Magalhães Bravo, Isabela De Mello, Carlos Oliveira Branco
- Language:English
- Subject(s):Public Administration, Public Law
- Page Range:150-166
- No. of Pages:17
- Keywords:Portuguese Administrative System; democratization; citizens’ participation; authority power; discretionary power;
- Summary/Abstract:This article is the result of a set of research related to Administrative Law and its evolution in Portuguese national territory. It takes as its starting point the evolution of the Portuguese Constitutions in the political systems since the first Republic in 1911until today, taking into account its importance and its direct relationship with Administrative Law. In fact, the Constitution as a legal diploma is the basis of the entire Portuguese legal system, and thus the basis of all public law. In parallel, it is analysed the participation of Portuguese citizens in the evolution of the Portuguese Administrative System, and in that sense the way it is affected and inspired some of its Fundamental Principles. It will be also discussed some of those structural principles in the system and, as well, how the right of participation is behind some of the changes in the rule of law. Subsequently, and as a consequence of the theoretical development, practical issues will be addressed in relation to the powers admitted in the discretionary exercise of the Public Administration, such as the privilege of prior execution based on the public interest. All of this is based on the Administrative Procedure Code of 2015.
Practical problems regarding the suspension of the execution of administrative acts - a special look at the acts adopted at local government level as "internal acts" and/or the reorganization of some public institutions
Practical problems regarding the suspension of the execution of administrative acts - a special look at the acts adopted at local government level as "internal acts" and/or the reorganization of some public institutions
(Practical problems regarding the suspension of the execution of administrative acts - a special look at the acts adopted at local government level as "internal acts" and/or the reorganization of some public institutions)
- Author(s):Verginia Vedinaș
- Language:English
- Subject(s):Public Administration, Public Law
- Page Range:167-175
- No. of Pages:9
- Keywords:administrative act; suspension of execution; effects; enforcement; local public administration; reorganization;
- Summary/Abstract:The present study aims at analyzing the legal regime of the suspension of the execution of administrative acts, as this institution is based on the provisions of art. 14-15 of the Law on administrative contentious no. 554/2004. The analysis is mainly centered on the practical aspects of this procedure and on the legal effects of the court'sdecision to suspend the authority of whose administrative acts are subject to suspension. Another dimension of the suspension that will be subject to a special analysis of the specificity of the suspension in the case of the reorganization of a public authority or institution, in general and of one of the local public administration, in particular. It is manifested by these categories of public authorities and institutions, the tendency to interpret the suspension decisions in a discretionary manner, the main concern being to find arguments to violate them, not to respect them.
Movable cultural heritage. Wisdom of the Earth by Constantin Brancusi: public domain and recovery of possession
Movable cultural heritage. Wisdom of the Earth by Constantin Brancusi: public domain and recovery of possession
(Movable cultural heritage. Wisdom of the Earth by Constantin Brancusi: public domain and recovery of possession)
- Author(s):Cosmin Soare-Filatov
- Language:English
- Subject(s):Public Administration, Public Law
- Page Range:176-192
- No. of Pages:17
- Keywords:national cultural heritage; cultural goods; recovery of possession; public domain; Wisdom of the Earth;
- Summary/Abstract:The research and consolidation of cultural heritage legal institutions have only known scarce attention and timid evolution in the past decades in Romania. In turn, the Romanian society in general seems to share the lack of concern. A true national conscience, which embraces the profound values of cultural heritage, seems to be still information after the trials of the past regime. Such a conscience cannot be taken for granted; it must be developed, it must be explained with patience and understood in its essence, it must be nurtured with a drive to know the past and the present and to build a common future. In this context, the present study is intended as a useful and attractive instrument for the review of relevant legal institutions, such as the right of ownership over movable cultural goods, the public domain and the recovery of possession of movable cultural goods. Employing the critical analysis of relevant case law, apt to stir curiosity, this study also brings to the forefront our often times inadequate comprehension of cultural heritage legal institutions.
Theoretical and practical aspects regarding the modification of the civil servants' employment relationship. Comparative analysis with the employees' situation
Theoretical and practical aspects regarding the modification of the civil servants' employment relationship. Comparative analysis with the employees' situation
(Theoretical and practical aspects regarding the modification of the civil servants' employment relationship. Comparative analysis with the employees' situation)
- Author(s):Radu Ștefan Pătru
- Language:English
- Subject(s):Public Administration, Public Law
- Page Range:193-200
- No. of Pages:8
- Keywords:public servants; employees; modification of the employment relationship; transfer; delegation; posting;
- Summary/Abstract:According to Law no. 188/1999 on the status of civil servants, their employment relationship may be modified by delegation, posting, transfer, transfer within the public authority or institution or within another structure without legal personality of the public authority or institution, according to the law, and for a temporary public management function. In the case of employees, the modification of the employment relationship is made by delegation, posting, but also unilaterally by the employer in cases of force majeure, as a disciplinary sanction or as a protection measure of the employee, in the cases and under the conditions provided by the Labor Code. The elements of differentiation between the two categories of workers will highlight the particularities of the change in the employment relationship of civil servants, which, unlike the legal status of employees, is better outlined by the legislator. On the basis of theoretical analysis, as well as of the elements of jurisprudence de lege ferenda proposals will be formulated in this field.
Processing of personal data. Case study: a fair balance between the right to information and the right to privacy
Processing of personal data. Case study: a fair balance between the right to information and the right to privacy
(Processing of personal data. Case study: a fair balance between the right to information and the right to privacy)
- Author(s):Mioara Florina Pantea, Camelia Daciana Stoian
- Language:English
- Subject(s):Human Rights and Humanitarian Law
- Page Range:201-209
- No. of Pages:9
- Keywords:personal information; public interest information; just balance; administrative law;
- Summary/Abstract:All those who seek to achieve the concept of 'effective education', both institutions or governmental authorities that are part of the central or local public administration, educational institutions, teachers, or students, aim at achieving a standard that meets the attributes of quality, objectivity and equity in any level, the only ones who can configure and ensure the development of academic quality in a double sense, from teacher to student, respectively from student to teacher. Application and interpretation of personal data protection legislation has its own role in achieving and maintaining quality by continually correlating with everything involving objectivity and impartiality, the only one that can give a fair balance between the requirements of the European framework in the field and the proof of the quality of being worthy of confidence in the personal development and realization of students through the diligence that has been done to ensure the development of the academic body. The point of view is a plea that underlines the importance of correctly interpreting the scope of Regulation 679/2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and why not to over rule the case law of the European Court of Human Rights or the Court of Justice of the European Union, which does not exposeus as representing not just a good practice.
Theoretical and practical aspects on liability in administrative law
Theoretical and practical aspects on liability in administrative law
(Theoretical and practical aspects on liability in administrative law)
- Author(s):Iulian Nedelcu
- Language:English
- Subject(s):Public Administration, Public Law
- Page Range:210-215
- No. of Pages:6
- Keywords:legal liability; liability in administrative law; social responsibility; public servants;
- Summary/Abstract:Human behavior has a diverse sphere of manifestation, but with all the complexity of behavior, man is referring to some principles, norms, values within the limits of what he considers to be good - bad, allowed - not allowed, right - unfair, licit-illicit. At the moment of choosing the individual's choice for a certain behavior (of all possible), the mechanism of establishing its social responsibility is triggered. This is dueto its rational capacity to opt for a certain behavior, knowing, or having to know that the deed falls within the limits of generally accepted principles, and will have to bear the consequences for its negative conduct. Legal liability is the most serious form of social responsibility. Traditionally, legal liability is considered as a fundamental institution of law, an institution that tends to occupy the center of law in its entirety. Referring to this idea, Louis Josserand argues that in every matter, this problem of responsibility, in public law and in private law, in the field of persons or family, and in the field of goods, is at all times and of all situations, responsibility becomes the common neuralgic point of all our institutions, reflecting the stage of evolution of the whole society, the level of social conscience and responsibility. Legal responsibility, irrespective of the legal branch to which we report, has both a preventive educational purpose and a sanctioning purpose, meaning by this last aspect and the character of the remedy in case of material and/or moral damages.
The collective negotiation and collective agreements – legal task or opportunity, in the management of the legal service relationships of the police officers
The collective negotiation and collective agreements – legal task or opportunity, in the management of the legal service relationships of the police officers
(The collective negotiation and collective agreements – legal task or opportunity, in the management of the legal service relationships of the police officers)
- Author(s):Valentin Minoiu
- Language:English
- Subject(s):Public Administration, Public Law
- Page Range:216-233
- No. of Pages:18
- Keywords:collective negotiation; collective agreement; social dialogue; parity commission; service relations;
- Summary/Abstract:The issue of collective negotiation will always be of interest from the point of view of the permanent concern of the people employed to maximize the guarantees received from the employer, regardless of whether he is a public or private person, in connection with the satisfaction of economic and social interests, patrimonial or non-patrimonial, which arise from the legal relations between them. Even though, in terms of service legal relationships, in the public sector in general, but also in particular those of police officers, collective negotiation takes on a particular form, much more articulated by rules legally required for organization and conduct, on the merits, but, the importance of this issue determines at least the same concerns. In this context, it has become of interest to study and analyse to what extent, at the level of the public institution involved, in this case the Ministry of Home Affairs, which is entrusted with the overall material competence to manage police officers' relations, to bring together the social partners in a negotiation collective for the conclusion of a collective agreement can be identified and capitalized as an opportunity to obtain benefits also at institutional level, or it remains exclusively the exercise of a legally imposed obligation from which only benefits can be obtained for the policemen and, at the institutional level, at most, the concern to "get" losses or costs as little as possible, implicated in what is offered or accepted in the negotiation.The carried out analysis is based mainly on documentary analysis, which has covered both a part of the existing doctrinal space in the field, the ideological anchoring of the approach in the general landscape of the problem, as well as the normative framework in force in the field, to ensure the legal framing of the resulting conclusions and to size as accurately as possible the proposals formulated and launched for debate or further development.
Living assistance for people with disabilities
Living assistance for people with disabilities
(Living assistance for people with disabilities)
- Author(s):Claudia Boghicevici
- Language:English
- Subject(s):Public Administration, Public Law
- Page Range:234-248
- No. of Pages:15
- Keywords:live assistance; guide dog; legal framework; predictors of success;
- Summary/Abstract:The living assistance of the disabled people involves using a pet to help the person in need to overcome their disabilities. The living assistance for people with visual impairments through guide dogs has become a new concern for the decision-makers in Romania. This paper aims to trace and extract those elements that may favor the development of this type of assistance in Romania as well, from the experience of other states in the use of guide dogs. The research articles in the field show that certain elements of the legislative context are necessary for a good implementation of the living assistance programs. But they are not enough either. The high cost of guide dogs training programs can be a serious inconvenient in this direction. This is where specialty medical literature comes to our attention. It is the one that complements the normative study and provides us with medical research that highlights a number of predictors of the guide dog training success. Applying the results of these research can greatly reduce the costs of training programs, thus facilitating the development of this form of assistance.
Legal regime of requests for voluntary intervention in public procurement trials
Legal regime of requests for voluntary intervention in public procurement trials
(Legal regime of requests for voluntary intervention in public procurement trials)
- Author(s):Adelina Vrâncianu
- Language:English
- Subject(s):Public Administration, Public Law
- Page Range:249-259
- No. of Pages:11
- Keywords:public procurement procedures; requests for voluntary intervention; National Council for Solving Complaints; winner; admissibility of request;
- Summary/Abstract:The public procurement procedure is a complex procedure that is carried out in accordance with the provisions of Law no. 98/2016 and Law no. 99/2016 and in accordance with the steps and rules described in the normative acts already mentioned. Because in the procedure are involved factors with own interests and often contrary, Law no.101/2016 provided the legal possibility to challenge any act of the contracting authority/entity contrary to the legal provisions. Thus, as injured persons, economic operators can attack administrative acts and administrative contracts, but, at the same time, they can intervene in the trials opened by other parties involved. The most commonly used tools are the requests for ancillary and main intervention. The paper aims to treat these working tools provided to the economic operators by the civil procedure code from the perspective of legal provisions and the case law in public procurement.
Practical aspects regarding the motivation of administrative acts in antitehese with the motivation of judging decisions in accordance with the New Code of Civil Procedure
Practical aspects regarding the motivation of administrative acts in antitehese with the motivation of judging decisions in accordance with the New Code of Civil Procedure
(Practical aspects regarding the motivation of administrative acts in antitehese with the motivation of judging decisions in accordance with the New Code of Civil Procedure)
- Author(s):Răzvan Murariu
- Language:English
- Subject(s):Public Law
- Page Range:260-271
- No. of Pages:12
- Keywords:motivation; administrative act; judging decision; New Code of Civil Procedure;
- Summary/Abstract:Subjects of the study: Common aspects regarding the motivating criteria for the administrative act, the motivating criteria in decisions of the contentious procedure in the preliminary procedure, and the court decisions motivating criteria, as well as the measures ordered in the contravention law and contained in legal provisions: Fiscal Procedure Code (Article 46 to Article 54 - Issues regarding motivation of the fiscal administrative act, and Article 272 to Article 274 - Issues related to the motivation of the decisions solving appeals against the fiscal administrative act); the Administrative Contentious Law no. 544/2004 (Article 7 - Preliminary Procedure); Govern Ordinance no. 2/2001 on contraventions (Article 16 to Article 20 - the report-minute on finding of contravention) and corroborated with the New Civil Procedure Code (Article 193 - Preliminary Procedure and Article 425 - Content of the judgment). Research Methods Used: analyzing the legislative aspects by means of own practice and existing jurisprudence, and leading to a judicial syllogism. The results and implications of the study: Safeguard, promoting and defending legitimate rights and interests of citizens, tax payers, offenders and petitioners in the administrative and fiscal contentious proceedings.
Trans-institutional teams - a possible solution for effective use of human resources in public administration in accessing European funds
Trans-institutional teams - a possible solution for effective use of human resources in public administration in accessing European funds
(Trans-institutional teams - a possible solution for effective use of human resources in public administration in accessing European funds)
- Author(s):Daniela Paraschiva Pavel
- Language:English
- Subject(s):Public Administration, EU-Legislation
- Page Range:272-279
- No. of Pages:8
- Keywords:trans-institutional teams for accessing European funds; efficient mobility in the public office; modification of the legal framework on posting; delegation and temporary transfer;
- Summary/Abstract:The objective of the article is to investigate the following hypothesis: changing the legislation on the mobility of civil servants (posting, delegation, temporary relocation) in order to create an attractive legislative framework for setting up trans-institutional project teams can become an efficient way of managing the human resource for effectively increase the institutional capacity to absorb European funds. The research methods used: empirical research based on the data and professional experience of the author and the institutions where he worked. The author documents the process of accessing European funds starting with 2007 by consistently collecting data for public institution and local authority contractors from the territory of Sibiu County and has participated in activities of accessing European funds within the institution in which he is currently active institution of reference and in other institutions. The expected results ofthe author are: providing legal and managerial arguments to raise awareness of the need to update legislation on mobility of civil servants in accessing European funds with the following implications: Law no. 188/1999 on the status of civil servants, Chapter IX -Modification, suspension and termination of service report, art. 87-89 requires update; mobility in the public position must be approached interdisciplinary in terms of the principles of modern public management; increasing the absorption capacity of Europeanfunds can be effective.
The legal regime of competition in Germany
The legal regime of competition in Germany
(The legal regime of competition in Germany)
- Author(s):Ovidiu Horia Maican
- Language:English
- Subject(s):Commercial Law
- Page Range:280-293
- No. of Pages:14
- Keywords:federalism; competition; Germany; European Union;
- Summary/Abstract:Antitrust law first came to Germany in 1947, while the building of an antitrust framework was constitutive of the forming of the European Coal and Steel Community (ECSC) in 1951 – the first step towards the creation of a European Community. However, during the first ten years, these two developments remained only loosely coupled. After1957, a year marked both by the passing of the first German antitrust act and the signing of the Treaty of Rome, the German and European antitrust stories became much more closely interconnected.