Buna guvernare a administraţiei publice prin prisma jurisprudenţei instanţelor de contencios administrativ – un deziderat realizat?
Good governance of public administration through the lens of the jurisprudence of administrative courts – a goal achieved?

Summary/Abstract: Good governance is an essential principle of modern public administration, implying legality, transparency, efficiency, responsibility and respect for the citizen’s rights. The administrative courts play an important role in supervising and correcting the acts of the public authorities, providing a framework for ensuring compliance with these principles. The judicial practice of the administrative litigation courts in Romania has significantly contributed to the development of a standard of good governance. By their decisions, the courts sanctioned the abuse of power, the lack of motivation of the administrative acts, the non involvement of the citizens in the decision ‒ making process and the violation of the legal procedures. Thus, they function as a corrector of the administration's drift and a guarantor of the rule of law. On the one hand, the courts have enforced a progressively more coherent practice in upholding the principles of legality and proportionality. For example, the annulment of certain administrative decisions, due to lack of reasoning or non compliance with public interest, reflects a positive direction. On the other hand, the efficiency of this mechanism is often affected by the long duration of proceedings or the difficulties in enforcing decisions. Although challenges still exist, the judicial practice of administrative courts increasingly contributes to the achievement of the goal of good governance in public administration. Through the lens of judicial control, the administration is required to adhere to the principles of the rule of law, which indicates a clear progress toward achieving this goal.

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