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Majoritățile în Codul administrativ între rigoarea reglementării și eficiența administrației
Majorities in the Administrative Code between regulatory rigor and administrative efficiency

Author(s): Flavia Lucia Ghencea
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Public Administration, Administrative Law
Published by: Universul Juridic
Keywords: administrative code; majority; administrative authority; quorum; qualified majority; absolute majority;

Summary/Abstract: Romanian legislation has been enriched, in 2019, with the Administrative Code, a very long-awaited normative act. A complex act with a complicated course, it was received with joy and reluctance, in equal measure. During the 3 years since its implementation, a series of gaps, deficiencies or problems posed by the normative text in practical application were found. The present study, part of a broader research on administrative code, refers at one particular situation found in the code – the regulation of majority, as a decision-making tool. On the one hand we present the concrete regulation and on the other hand, we prove how the poor quality of the regulation leads in practice to totally unfortunate situations. A case study will be analysed, and we can see the effects than an incomplete, or wrong written legislation can have on the efficiency of the activity of public authorities. Finally, we make a series of suggestions – ferenda law proposals – which, considered, would lead, first of all, can increase the quality of the normative act and implicitly goes to a better functioning of the public administration, which would be seen directly in the citizens lives.

  • Issue Year: 2022
  • Issue No: 03
  • Page Range: 131-139
  • Page Count: 9
  • Language: Romanian