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Manager public versus administrator public

Author(s): Grety Cristea / Language(s): Romanian Issue: 03-04/2020

Prior to the entry into force of the Administrative Code, the Romanian legislation in the field regulated two functions: that of public manager and that of public administrator. Following the adoption of the Administrative Code, the two positions received a new regulation, which, however, did nothing but take over the old rules of law, bringing only minor changes to them. Both functions mentioned above are based on the idea of efficiency and coordination of public services by a person expressly authorized for such purpose. Considering the common purpose of the two legal institutions, debates regarding their legal nature and the sphere of attributions that a person holding such a position can exercise appeared in the judicial practice and the specialized literature. As such, the analysis of the common aspects and the differences between the function of public administrator and that of public manager has proven its practical utility.

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Les départements durant la période du régime totalitaire (1948-1989)

Author(s): Stéphane Guérard,Antoniu Tudor / Language(s): French Issue: 03-04/2020

During the period of the totalitarian regime (1948-1989), the “county” was called « raion » by Law n°5 of September 7, 1950 concerning the new administrative and territorial division and its recreation was operated by Law n°2 of February 17, 1968 on the new administrative division in Romania.

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Autonomia, un concept abordat multidimensional. Privire specială asupra autonomiei nonteritoriale

Author(s): Flavia Lucia Ghencea / Language(s): Romanian Issue: 03-04/2020

The general concept of non-territorial autonomy is analyzed in the specialized doctrine from various perspectives, considered, in fact, as its attributes – cultural, linguistic, educational, traditional or religious –, all considering the identity of the minority group that lives in a majority community. The present paper, part of a larger research, proposes, on the one hand, to present the concept of NTA and, on the other hand, an analysis of the legal framework regarding the non-territorial autonomy in Romania, from the perspective of international regulations regarding the establishment, organization and functioning of the authorities with role in the election of the administrative structures from the local level and, on the other hand, what is the role played by the minority groups in this framework. The objectives of the whole research aim, first, to use the data obtained in national reports and secondly, to formulate recommendations on how most effectively the mechanisms of NTA can be used to apply legislative rules regarding minorities’ protection, focusing on costs, human and financial resources.

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Politica fiscală privind scutirea de impozit a lăcaşurilor de cult – cadru şi conţinut

Author(s): Nicolae Stanciu / Language(s): Romanian Issue: 03-04/2020

This study aims to highlight the main aspects that characterize the specificity of the framework and the content of the Romanian state’s fiscal policies, regarding the tax exemption of places of worship, owned by recognized cults. Regarding the granting of fiscal facilities for the places of worship owned by the recognized cults, the study emphasizes that the attributes of the fiscal policy framework are: the competence of the Romanian state regarding the regulation of the religious field, in relation to EU norms and requirements; the constitutional-legal definition of the regime of the relationship between the Romanian state and cults: institutional partnership through the system of recognized cults; the social-cultural profile of the Romanian society, a society in which religion is a concern in most European states; the role of the place of worship in the manifestation of the right to religious freedom in its collective dimension and public manifestation. According to the content of the fiscal policy regarding places of worship, the Fiscal Code provides for the exemption from payment: of the building tax and building charges; land tax and land charges; the fee for issuing certificates, approvals and authorizations, as well as exemptions for energy products and electricity. These exemptions are a consequence of the qualification of places of worship in relation to the provisions of Law no. 489/2006 on religious freedom and the general regime of cults, according to the right to religious freedom, as sacred goods – intangible, imprescriptible and inalienable real estate, intended for public utility activities.

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La décentralisation territoriale en Roumanie à l’aune de son histoire administrative depuis 1859. Entre rupture et continuité. Thèse soutenue par M. Antoniu TUDOR, à l’Université de Lille, le 24 septembre 2020

Author(s): Stéphane Guérard / Language(s): French Issue: 1-2/2021

The presentation of the thesis has a historical and reflective dimension on the past, the state and the future of territorial decentralization in Romania, and therefore in time. It is research which concerns a series of problems in Romanian local public administration, its development and even its future. Questioning about the decentralization in Romania since 1859, when Romania was created, is to establish a historical and modern inventory, both of the Romanian local administrative system and of its politico-legal evolution until now (2020).

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Rolul administrației publice locale în stare de urgență

Author(s): Cristina Cornelia Feurdean / Language(s): Romanian Issue: 1-2/2021

Public health and pre-university education are two areas hard tried in Romania by the pandemic created by the SARS CoV-2 coronavirus, among the reasons for the problems being existing conflicts between the central and local public administration. Among them, the paper analyses the constitutional principle of local autonomy and the collaboration relations between public authorities.

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Claudia GILIA, „Instituții politice și administrative în statele nordice”, Editura Pro Universitaria, București, 2021

Author(s): Verginia Vedinas / Language(s): Romanian Issue: 1-2/2021

Review of: Claudia GILIA, „Instituții politice și administrative în statele nordice”, Editura Pro Universitaria, București, 2021

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Ofensiva instanțelor de contencios administrativ. Controlul de legalitate a hotărârilor adoptate de Plenul Curții Constituționale în materie jurisdicțională

Author(s): Tudor-Nicolae Bonifate,Alin-Constantin Toma / Language(s): Romanian Issue: 1-2/2021

On the 22nd of July 2017, the Plenum of the Constitutional Court adopted Decision n° 1/2017. Surprising by nature and controversial through content, the act in question was, and still is, the object of multiple lawsuits in front of courts, who were forced to quickly adapt to a new administrative contentious paradigm. Two things are certain: the records are no longer useful, and traditional theories of the national doctrine need to be revitalized in order to correspond to current realities. In this present study, we aim to carry out an exhaustive analysis of the matter in question, based on two aspects: returning to the forefront the administrative actjurisdictional act distinction, respectively the capitalizing on European jurisprudence (which is often avant-garde) in relation to constitutional procedures (mostly rigid). As for the conclusions we shall reach, only time will be able to confirm or refute them, but we believe that they can constitute a solid starting point for any future analysis of legal acts belonging to those public authorities foreign to the traditional executive.

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Conferința științifică internațională cu tema „Administrația publică la 30 de ani de independență a Republicii Moldova. Realizări și perspective ale statului de drept, bunei guvernări și integrării europene”, Chișinău, 10-11 decembrie 2021

Author(s): Maria Orlov / Language(s): Romanian Issue: 04/2021

Între 10-11 decembrie 2021, Institutul de Științe Administrative din Republica Moldova (ISAM) a organizat cea de a VIII-a Conferință științifică internațională (tradiționala sesiune de comunicări științifice), cu tema: Administrația publică la 30 de ani de Independență a Republicii Moldova. Realizări și perspective ale statului de drept, bunei guvernări și integrării europene.

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Vasilica Negruț, „Drept administrativ. Serviciul public. Proprietatea publică”, Editura C.H. Beck, București, 2020

Author(s): Verginia Vedinas / Language(s): Romanian Issue: 04/2021

Review of: Vasilica NEGRUȚ, „Drept administrativ. Serviciul public. Proprietatea publică”, Editura C.H. Beck, București, 2020

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Libertatea religioasă în România – doar un concept teoretic sau și unul practic?

Author(s): Andrei Noaţă / Language(s): Romanian Issue: 01/2022

According to the Law no. 489/2006 on the Freedom of Religion and the General Status of Religious Denominations, non-State actors that promote the interreligious and interconfessional dialogue in Romania are the 18 religious denominations, 42 religious associations and many associations and foundations that also carry out religious activities. Naturally, the Romanian state facilitates the initiatives related to the promotion of interfaith and interreligious dialogue through various institutions, such as the Presidential Administration, the central public administration (through the State Secretariat for Religious Affairs – the main institution of the Romanian State that elaborates and articulates public policies in the field of religious life and the relationship between the State and religions), the Ministries whose activity may concern the development of religious life in Romania and the relationship between the State and the religious denominations (Ministry of Foreign Affairs, Ministry of Education, Ministry of Investment and European Projects, Ministry of Labor) and last, but not least the local public administration (Mayor’s Office, Local Councils, County Councils etc.). Romania has a dynamic religious life, where religious denominations are very active in society through a large number of social, educational, cultural projects with which they contribute to the common good of society. Romania has the opportunity to be a country where interethnic and interfaith peace reigns, where there are friendly relations and cooperation between religious organizations both locally and central.

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La conception de la personne morale en Roumanie de 1859 à nos jours

Author(s): Stéphane Guérard,Antoniu Tudor / Language(s): French Issue: 02/2022

Long before the creation of the Romanian state in 1859, the distinction between natural persons and legal persons was already established, as indeed between the legal person of private law and the legal person of public law. This distinction has been maintained to this day through various legislations or regulations beneficial for the development and the richness of Romanian administrative law.

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Protejarea drepturilor minorităților prin aplicarea principiului multiculturalismului la nivel european

Author(s): Mădălina-Elena Mihăilescu / Language(s): Romanian Issue: 04/2022

Today's Europe is far from being a Europe of stereotypes, of boring uniformity, but it is considered to be an interesting mosaic of nations, traditions and cultures that constructively interfere every day. In our opinion, cultural diversity is at home in a Europe „of nations", where everyone fights more or less visibly to maintain their own state and cultural identity, thus militating for „diversity in unity". This article will focus on the presentation of the inherent problems related to the ethnic and cultural rights of minorities in various European states and the legislative ways through which various national or European authorities make serious efforts to respect them.

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Konstytucyjne uwarunkowania organizacji posiedzeń Sejmu RP w czasie pandemii

Author(s): Piotr Chybalski / Language(s): Polish Issue: 38 (2)/2022

The problem of functioning of the Sejm in time of the SARS-CoV-2 pandemic is currently a matter being, due to obvious reasons, often discussed by Polish legal doctrine. The purpose of the paper was to carry out a dogmatic analysis of constitutional rules with determine the allowed scope of modification or organising plenary sittings of the Sejm, what allowed to draw conclusions regarding the constitutionality of the so-called hybrid model of sittings introduced as a result of the adoption of the amendments of the Standing Orders on 26th March 2020. While a practical value of the model of hybrid plenary sittings, i.e. with a possibility of a remote participation of Deputies, cannot be questioned, the legal solutions in question raise doubts as to their conformity to the Constitution. Still it should be mentioned that there various doctrinal standpoints regarding this matter. A separate part of the paper was focused on the possibilities of reorganising plenary sittings of the Sejm on the basis of general, having been in force for many years, rules of the Standing Orders, i.e. in a hypothetical situation, if no normative changes regarding this issue had been in March 2020.

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Aspecte de interes în materie contravențională: primirea la muncă pe teritoriul României a unui străin fără aviz de angajare sau de detașare

Author(s): Silviu Ionuţ Voicu / Language(s): Romanian Issue: 04/2022

In a society in continuous expansion, where the number of Romanian citizens who are working outside the country's borders approaches, according to official data, of 5.7 million, the need to cover the existing deficit on the domestic labour market has become crucial. In the framework of a demand that exceeds supply, the situations where employers turn to foreign and cheap labour in order to hire citizens from outside the European Union are increasing. Beforehand, in order to be able to legally employ a foreign citizen, the employer is required to obtain an employment or posting permit. In its absence, the employer can be fined for the violation provided for in art. 36 paragraph 1 letter a) from the Government Ordinance no. 25/2014 regarding the employment and deployment of foreigners in Romania and for amending and supplementing certain acts concerning the regime of foreigners in Romania, which consists in „accepting at work on the territory of Romania a foreigner without an employment or posting permit (…)", the sanction provided by the legislator for the commission of this violation being that of a fine „(…) from 10,000 lei to 20,000 lei, for each identified person". „What is the date or place of the offense in question?" „Who can ascertain it?" „What is the maximum fine that can be applied to an employer who has hired several foreign nationals?" Through this article we will seek to develop some of the possible answers to these queries, using examples from judicial practice, not before making a brief insight into the contravention law.

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Note și recenzii

Author(s): Maria Camelia Zavarache ,Gabriela Dristaru,Radu Tudorancea,Cristian Vasile,Simion Gheorghiu / Language(s): Romanian Issue: 21/2022

Review of: Lux, modă şi alte bagatele politiceşti în Europa de Sud-Est în secolele XVI-XIX, Constanţa Vintilă, Giulia Calvi, Maria Pakucs-Willcocks, Nicoleta Roman, Michał Wasiucionek, Bucureşti, Editura Humanitas, 2021, 431 p. Stelian Tănase, Povestea unui terorist. Haos&Anarhie, Bucureşti, Editura Omnium, 2022, 300 p. Stejărel Olaru, Maria Tănase Artista, omul, legenda, Bucureşti, Editura Corint, 2019, 346 p. R.G. Waldeck, Athénée Palace, Editura Humanitas, Bucureşti, 2022 (ediţie nouă), 334 p. O vecinătate dificilă. Relaţiile româno-ruse/sovietice 1914-1965, coordonator Radu Tudorancea, Târgovişte, Editura Cetatea de Scaun, 2021, 227 p. Eddie Jaku, Cel mai fericit om de pe Pământ, Editura Trei, Bucureşti, 2022, 171 p. Artiste uitate din România: cercetări şi studii despre contribuţia femeilor la istoria artei româneşti, Cosmin Nasui (editor coordonator), Voluntari, Postmodernism Museum, 2021, 271 p. Ai Weiwei, 1000 de ani de bucurii şi dureri, Editura Trei, Bucureşti, 2022, 375 p. Călin Hentea, România. Album de istorie comunistă, 1948-1989, cuvânt înainte de Adrian Cioroianu, Cluj Napoca, Editura Mega, 2021, 198 p. Margaret MacMillan, Războiul. Cum ne-au modelat conflictele, Bucureşti, Editura Trei, 2022, 303 p. Orlando Figes, The story of Russia, London, Bloomsbury, 2022, 348 p. Vasile Buga, Pe muchie de cuţit. Relaţiile româno-sovietice. 1965-1989, ediţia a II-a revăzută şi adăugită, Bucureşti, Editura Institutului Naţional pentru Studiul Totalitarismului, 2022, 538 p.

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Pojęcie prawa w encyklice Rerum novarum

Author(s): Paweł T. Skoczykłoda,Natalia Wituła / Language(s): Polish Issue: 38/2022

In the encyclical Rerum Novarum, the notion of law was considered as a Marxian ideology that preached the end of the property of bourgeoisie and reflected on other political and social issues. The encyclical’s purpose was to object to the growing ideology of socialism which sought to abolish ownership. Pope Leon XIII gave voice to social tensions that were enhancing public dismay. Not only did he deny the Marxian demands, but he also proposed a set of new solutions. A standard of the Catholic Church is not to interrupt earthly life; however, when it comes to gross injustice or dynamic transitions, it is possible to give the clergy a voice. Pope has stated that social order is based on truth and justice. Law – understood as a natural component of human life – should be an expression of service of the government that leads society to wealth. The paper is divided into the following sections: a short presentation of how Marx was describing ownership, a demonstration of the Catholic Church’s responsibility for social teachings, and how Leon XIII described ownership in the light of natural law and why denying it is highly unjust, and teaching positive law should be understood properly. The paper concludes with a set of reflections on how the encyclical is still relevant today.

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Ekofilozofia a filozofia prawa rozumianego jako forma symboliczna

Author(s): Ewa Kosowska-Czapla / Language(s): Polish Issue: 38/2022

This article aims to find the paradigm of ecophilosophy in the philosophy of symbolic forms in the context of law. At the time of the article, ecophilosophy needed an introduction, and it needed to be defined within the scope of the philosophy of law. First, the symbolic universe was presented as the starting point for the search for this paradigm. The world in which the animal symbolicum lives differs significantly from the world of other organisms because only man lives in the symbolic universe. The symbolic universe was defined as a world consisting not only of material reality but also of numerous networks formed by symbols such as language, myth, and religion. Humankind recognized reality differently but also co-creates it.Next, Ernst Cassirer’s philosophy of symbolic forms was presented in more detail with particular emphasis on law. The philosopher identified nature as the sphere of lawfulness, and he acknowledged the wisdom of nature manifesting itself in harmony and biodiversity. He looked for sources of natural human rights. Man as an animal symbolicum should participate as the co-creator of the great masterpiece of creation. This act of co-creation included morally righteous actions, as well as establishing the appropriate content of law. Consequently, according to the philosophy of symbolic forms related to ecology, the guiding principle – a paradigm in the relationship between man and nature – should be the principle of personal, social, and state responsibility for nature. I called this principle the pneumocentrism paradigm of ecophilosophy. Additionally, I looked for acceptance or rejection of this principle, including in court rulings in Poland. I noted that in some ways the existence of this principle is considered desirable; however, its implementation may become a difficult task for mankind. Among other things, humankind desires to satisfy their own needs and faith quickly in future technological possibilities as a way to reduce its destructive actions towards nature in the present.

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Medical-Malpractice Disputes – Analysis of the Use of Evidence from Medical Disciplinary Proceedings in Litigation for Damages

Author(s): Iwona Wrześniewska-Wal / Language(s): English Issue: 3/2022

The article presents the principles of practicing the medical profession, which are based not only on compliance with the law, but also have their basis in professional deontology. It should be assumed that one of the most important principles that a physician should never forget at every stage of his or her professional activity is the principle of due diligence. This issue of medical due diligence is assessed by both medical and civil courts. The study indicates the legal and actual possibilities of using evidence from proceedings before a medical court in a civil trial for a medical error. The following evidence was analyzed: medical records, expert opinion, and judgments issued by other courts.

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Беларусь на перепутье конституционного развития

Author(s): Mihail Ivanovič Pastuhov / Language(s): Russian Issue: 62/2021

The article analyzes the possible options for the constitutional development of the Republic of Belarus. Among them: amending the current Constitution, the adoption of a new Constitution and the restoration of the 1994 Constitution. The author substantiates his approach to the forthcoming constitutional reforms.

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