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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(s): English Publication Year: 0

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.

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Administrative democratization: the participation of citizens in the Portuguese administrative system

Author(s): Bárbara Magalhães Bravo,Isabela De Mello,Carlos Oliveira Branco / Language(s): English Publication Year: 0

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.

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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(s): English Publication Year: 0

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.

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The Effectiveness of Administrative Consolidation Processes in Urban Functional Areas

Author(s): Marian Kachniarz,Zbigniew Piepiora / Language(s): English Publication Year: 0

Urban functional areas usually extend beyond the city's administrative boundaries. As a result, there is a problem of coordinating effective public service provision between the city and its suburbs. A review of world experience shows that two institutional solutions are usually applied here – intercommunal cooperation or adaptation of administrative borders to the scope of the functional zone. However, the studies so far have not provided an answer as to which method is more effective. The objective of the paper is to compare the processes of adapting administrative borders to urban functional areas. The hypothesis was formulated that uniform management of the entire functional area favors effectiveness and institutional sustainability of public service provision. Princeton in the USA and Lubin in Poland were selected as case studies. Princeton is an example of successful administrative consolidation of the city with the surrounding rural commune, while in Lubin, unfortunately, such a project was not implemented. In the conclusion was found that inter-communal cooperation does not provide sustainable solutions and is exposed to cadenza changes of decision-makers. The most effective seems to be the consolidation of individuals, but its success depends on a very well prepared and transparent procedure.

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The Measurement of Budget Outlays of Local Government Units for Removing the Natural Disasters’ Effects – A Case of Polish Municipalities

Author(s): Zbigniew Piepiora,Marian Kachniarz / Language(s): English Publication Year: 0

The aim of the paper is the measurement of budget outlays of local government units for removing the natural disasters’ effects in Poland at the local level of municipality in years 2008-2017. Authors formulated a hypothesis: It is possible to measure the budget outlays of local government units for removing the natural disasters’ effects at the local level of municipality. Authors posed the research question: How should we measure the budget outlays of local government units for removing the natural disasters’ effects at the local level of municipality? The spatial range of the subject of research covers the area of Poland. The time span of the research concerned the years 2008-2017, which is a common period for all selected features. Data analysis was based on index analysis from the group of statistical methods and cartographic method – cartogram. Cartograms were generated in the QGis 3.6.3 program. The objective of the paper was attained. The carried out analysis made it possible to answer positive the research question. This allowed to test positively the hypothesis. Constructed indicator enabled the measurement of the relation of budget outlays of local government units for removing the natural disasters’ effects to the number of citizens of municipalities in Poland. In opinion of authors, the indicator should be applied in other countries. This issue requires further research at the local level of municipality.

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Social License and Administrative Law: A Challenge of Renewables

Author(s): Oleg Zaichuk,Yuri Zaichuck / Language(s): English Publication Year: 0

The goal of the European Green Deal to convert the EU into a climate neutral economy presents an opportunity for administrative law across the EU to develop a coherent approach toward a large-scale deployment of renewables. Due to their physical attributes, modern renewables create a number of obstacles for their wide scale deployment. The purpose of the paper is to investigate whether a top-down approach to creating a homogeneous streamlined approach to the development of the renewables-oriented set of administrative regulations across the EU is likely to facilitate the goal of the European Green Deal or, alternatively, the introduction of renewables should be left for individual EU countries to pursue at their own comfortable speed. The paper uses a comparative legal analysis by looking into a similar regulatory approach which has been tried in Canada. The paper concluded that a unification of the EU-wide administrative renewables’ placement regulations, if attempted, should be sufficiently slow and well-structured not to disturb a fragile balance between a need to expand the use of renewables and the right of local communities to accept their deployment at their comfortable speed.

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Atypical Administrative Acts. The Administration Silence and the Absence of the Administrative Act

Author(s): Iulian Nedelcu / Language(s): English Publication Year: 0

The normative acts from the last period confirm the thesis according to which the silence of the administration signifies a tacit authorization. The doctrine expresses also the opinion according to which the refusal to settle, that is the unjustified refusal, and the silence of the administration would have the meaning only of “facts assimilated to administrative acts”. According to Law 554/2004 on administrative litigations, the concept of administrative act is extended compared to its ordinary meaning; within this concept, next to the unilateral express manifestation of will (the typical administrative act), the law introduces also the silence of the administration, respectively the unjustified refusal (the atypical administrative acts). It should be noted that not all refusals to solve a request according the petitioner’s will can be qualified as an unjustified refusal, but only when the refusal is an abuse, meaning in fact the excess of power of the administration over the person requesting the satisfaction of a legitimate interest. In administrative law, there have been discussions about the admission or not of the theory of absolute and relative nullities; the admission or not of the theory of annulment; the admission or not of the theory of non-existence and the relationship between nullity and revocability.

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The Factors on which Islamist Extremism in the Western Balkans

Author(s): Kole Krasniqi / Language(s): English Publication Year: 0

The region of the Balkans in general had always been areas where different cultures and the influences of major powers clashed. The influence of the Roman Catholic Church collided with that of the Byzantine Orthodox Church, Islam clashed with Christianity and the geostrategic interests of the East collided with those of the West. These cultural and religious clashes on the same territory as well as the impacts of the different geostrategic interests resulted over the course of the past centuries in the development of different competitive cultures and religions sometimes opposed to each other in Western Balkans. Irrespectively of this religious and cultural diversity, the Albanian people have not been treating these ideological divides as separations of the entire nation based on a religious basis. Rather, they have been cultivating feelings of harmony, tolerance and understanding with respect to members of other faiths. But unfortunately, the traditional model of harmony and interfaith tolerance that had existed in Kosovo for centuries hascome more and more under attack in recent times. The origin of these attacks extends from the beginning of 1992, when civil war began in Bosnia and Albania joined the Organization of the Islamic Conference.

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The Essence of the CIMIC Force Understanding and the Necessity of Training the Future CIMIC Specialists, as a Specific Category of Public Service

Author(s): Elvira Titko,Ilona Kurovska / Language(s): English Publication Year: 0

The article shows the experience of two world wars with numerous casualties, did not contribute to the end of armed conflicts, which still take place in various parts of the world. The concept of military policy, which has been aimed at solving problems at any cost over the centuries, lost its relevance today. The idea of cooperation between civilian and military elements/structures, primarily for a better understanding of the needs of the former, assistance to the civilian population and its protection, have been revealed in the article. Exactly this kind of work (activity) should contribute to an increase of efficiency in performing the tasks assigned to the mission, provided the fact of better understanding the situation at the place of the operation. However, applying the military element in case of need at peacetime today is also not a new approach. The formula for cooperation between the military and civilian elements, as well as the need to attract appropriate specialists, like those of CIMIC, that act as a special category of public service, arise as a question within this context. The essence and features of the СIMIС forces activities in missions, the need to use СIMIС forces, both at armed conflict and in a crisis, that requires a quick response and military potential at peacetime, the key areas of training СIMIС specialists within the interaction between the military and civilian elements, especially nowadays conditions, have been revealed.

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Jurisprudence Aspects about Representation in Public Utility Contracts for Territorial Administrative Units

Author(s): Sandra Grădinaru / Language(s): English Publication Year: 0

The issue analyzed in this paper refers to the mandate given by the territorial administrative unit of Iași to a company with state capital. This mandated company has as object of activity the administration of condominiums. The mandate was conferred by a Local Council Decision by which the administrator (agent) could sign contracts with public service providers on behalf of the administrative-territorial unit. Beyond the fact that the limits of the mandate were expressed by Local Council Decision, and the specialized literature and judicial practice is majority in appreciating that this Local Council Decision can be equivalent to a mandate given by the territorial administrative unit for the condominium administrator to conclude contracts with suppliers, we aim to analyze a distinct judicial practice. By Sentence no. 6882/17.08.2020, the Iași District Court decided that the mandate given to the condominium administrator is not an express one, and in the Local Council Decision it is mentioned that the administrator will conclude the contracts with the suppliers in his own name. For this reason, the court considered the mandate given to the administrator to be ineffective. During the paper, we will demonstrate the judicial error of the court because the phrase "in its own name" found in the Local Council Decision can only be assessed in the sense that the administrator will represent the territorial administrative unit when concluding contracts for public utilities. The court's interpretation is incorrect, as it claims that the territorial administrative unit mandated a company with state capital to conclude contracts with suppliers in its own name. Clearly, the mandate was given to the administrator to conclude public utility contracts on behalf of the territorial administrative unit.

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Involvement of NGOs in Contemporary Society

Author(s): Mihaela PĂCEȘILĂ / Language(s): English Publication Year: 0

This paper examines the activities and roles of NGOs in order to determine their place in contemporary society. The first part of the paper outlines the criteria for definition and classification of NGOs. The second part of the paper provides an analysis of NGO evolution and development throughout history focusing on their influence and role in the world. In the end, the author concludes that NGOs represent a citizens' initiative in order to solve community problems and their involvement in society requires time and resources.

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Development of Heat Public Service Supply - Strategic Objective of Local Government

Author(s): Cristina Alpopi / Language(s): English Publication Year: 0

The overall objective of the development strategy of the municipalities heating activities, it consists in satisfying the needs of thermal energy (hot water and heating) both presently and in medium and long term, at a price as low is possible, suitable for a modern market economy and a civilized standard of living, in terms of quality, continuity and security of consumers respecting sustainable development principles. Taking into account the importance of thermal energy for residents and for economic units, the development of heating activity is done under the supervision of local authority through the development and implementation of the strategy.

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Collaboration in City-Level Economic Development

Author(s): Gheorghe H. Popescu,Elvira Nica,George Lăzăroiu / Language(s): English Publication Year: 0

The purpose of this article is to gain a deeper understanding of the strategic tendency and the administrative infrastructure of a city as relevant drivers of the degree of collaborative activity, the tools of development as an outstanding constituent of a city’s collaborative management approach, and the collaborative processes achievable to a city for attaining its strategic goals. The findings of this study have implications for the scale and objective of city government collaborative management, the connection between the embracing of development policy advances and the level of collaborative undertaking in cities, and the extensiveness of the collaborative framework for cities and economic development.

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Local Development’s Influence on the Freedom of the Decision-Making Process in Local Collectivities in Romania

Author(s): Margareta Stela Florescu,Ana-Mădălina Potcovaru (Bîgu) / Language(s): English Publication Year: 0

The aim of this article is to observe and to analyze the influence of the local development on the strategic management in the local colectivities from Romania. The paper includes some explorative conceptual aspects, focused on theoretical and practical analysis of sustainable local development, using the empirical data provided by the strategic documents of the local colectivities. The cities that we have chosen for this analyze fall into three categories: big, medium and small cities, from different areas. Cluj-Napoca, Timisoara, Iasi count as big cities, Bistrita, Giurgiu, Vaslui are the medium ones, and the small cities are Negresti-Oas, Calafat and Cernavoda. The conclusion of the article consists of ways in which the local development level influences the type of management and summarizes the factors that contribute at implementing an efficient and accurate management.

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Study on the Contribution of European Funds Financed Projects to Urban Development

Author(s): Ruxandra-Irina Popescu,Răzvan-Andrei Corboş,Laura Mina-Raiu / Language(s): English Publication Year: 0

The urban dimension has become increasingly important for the European Union`s cohesion policy. In this particular context, in order to reduce the obstacles cities, confront themselves with, local public authorities have started implementing projects financed from structural and cohesion funds. This paper is aimed at analysing the contribution EU funds have in the urban development process by presenting some successful projects of cities that invested in sustainable urban development. The choice of projects was based on two key aspects: (1) high level of complexity, efficient planning and execution; and (2) effects of the implemented projects, that are tangible and measurable, for the urban space rehabilitation process.

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Human Resources Policies and Strategies in the Light of Romanian Public Administration

Author(s): Cristina Manole / Language(s): English Publication Year: 0

It is known that the administration of a country cannot be effective and modern if its human resources are not of somewhat performance. Improving the performance of human capital from the administration sector, is a major objective of the current Romanian government. However, in the absence of clear strategies and policies and transparent in the light of the human resources from the administration sector, there may be a crisis in this area. The reform of the public administration, either central or local, entails certain aspects of human resources to change, of which are at its disposal: the recruitment, selection and appointment of public performance appraisal, evaluation of professional performance, staff motivation and increases of salaries, professional training and career development for the personnel which is part of this industry. All of the aspects mentioned above have been addressed in this paper, from the point of view of both the specific literature and from a strategic perspective.

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Analysis of the Evolution of Human Resource in Romanian Secondary Sector

Author(s): Cristina Alpopi / Language(s): English Publication Year: 0

The secondary sector, composed of industry and construction, contributes about 43% to the GDP of Romania. This sector employed less than 28% of the total workforce employed at national level and labor productivity, calculated by GDP per employee, is above average, but not particularly high in absolute terms. Decrease in the number of employees in the secondary sector was mainly caused by the decline of manufacturing and extractive. Cities that have suffered severe forms of industrialization come predominantly from small towns category. The areas most affected by unemployment are located in counties with a high degree of industrialization before 1990, but have suffered in recent years a strong industrial decline. The paper presents the analysis of the workforce engaged in the secondary sector, highlighting its evolution over time. It is determined the distribution of unemployment, which will be combined with the decline of industry and construction, answering to the questions related to identifying areas and towns affected by the rise of unemployment.

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Human Resources and Social Services Development at Local Level in Romania

Author(s): Cristina Manole / Language(s): English Publication Year: 0

In general, the economic development is based on human resources, so at central and local level, there must be concerns and responsibilities regarding the quality of skilled labour and the increase of its capacity to adapt to the environmental changes. This study is an analysis of the issue of ongoing professional development and promoting employment in the context of sustainable local development. The expected results, obtained after the analysis at the local level (Arad Municipality – the city of the same name became an important regional metropolis in 2020), will reflect some of the specific measurements, which will need to be implemented in the next period, in terms of human capital development and social services in the current economic crisis, even felt in Romanian economy.

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Change of the Organisation Culture – the Main Driver for Implementing Competency Frameworks

Author(s): Alina Georgiana Profiroiu,Roxana Elisabeta Hurdubei (Ionescu) / Language(s): English Publication Year: 0

More and more companies across the Middle East consider vital for their success to streamline their human resources processes and one area of particular focus is the development and implementation of competency frameworks. The purpose of this research is to show that regardless of the type of organisation, the change of the organisation culture is the main driver for implementing competency frameworks. The study was conducted by analysing the interviews of business leaders from companies that decided to implement competency frameworks across their main human resources processes. The companies are from government and private sectors in United Arab Emirates and Oman. They conduct their businesses locally or regionally across a wide range of industries and have a very diverse workforce in terms of size, nationalities and qualifications. Many business leaders consider, as Peter Drucker said, that “Culture eats strategy for breakfast”. Therefore, if a company wants to be successful, it is essential to develop a relevant competency framework and embed it in the human resources processes for supporting its strategy and achieving its business objectives.

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The Role of Non-Governmental Sector in the Romanian Society

Author(s): Mihaela PĂCEȘILĂ / Language(s): English Publication Year: 0

The first part of the paper provides an overview of the Romanian non-governmental sector and its challenges faced after 1989. The legal basis for setting and maintaining this sector as well as the classification of non-governmental organizations and the structure of human resources are also explained. The second part of the paper performs a broad analysis covering the whole Romanian nongovernmental sector. In the end, some general recommendations on the Romanian NGO sector development are formulated.

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