Surveyor and mentor. Considerations relating to the regulation of the prefect’s duties in the Administrative Code Cover Image
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Controlor şi îndrumător. Consideraţii privind reglementarea atribuţiilor prefectului în Codul administrativ
Surveyor and mentor. Considerations relating to the regulation of the prefect’s duties in the Administrative Code

Author(s): Dan Constantin Mâţă
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Civil Law, Public Administration, Administrative Law
Published by: Universul Juridic
Keywords: Administrative Code; prefect’s duties; legality control; guidance; administrative guardianship;

Summary/Abstract: The prefect is a regulated administrative authority, based on the French model, ever since/from the beginning of the modern public administration setting up. Its duties have fluctuated according to the constitutional regime and the level of decentralization in the organization of the public administration. The constant element in this evolutionary process is the role of the prefect as representative of the Government at local level. Currently, the prefect's status and duties are regulated in the Administrative Code, along with the prefect's institution and the decentralized public services. Unlike the previous regulation, the Administrative Code achieves a better systematization by identifying five main categories of duties. Each of these categories is subsequently developed by listing, in a separate chapter, the concrete ways by which it can be achieved. The main elements of novelty of the regulation can be noticed in case of the duties regarding the verification of the legality of the acts of the local public administration authorities and, in particular, of the duties of guidance. The article contains a brief presentation of the evolution of regulation of the prefect's duties and analyses the novelty elements arising from the current regulation. At the same time, the controversial aspects were highlighted and the resizing of the administrative guardianship by including it in the Administrative Code was proposed.

  • Issue Year: 2019
  • Issue No: 03
  • Page Range: 57-67
  • Page Count: 11
  • Language: Romanian