15. Contractul de management educaţional. Natura juridică. Reguli aplicabile
15. Educational management contract. Legal nature. Applicable rules

Summary/Abstract: The legal basis underlying the issuance of the decision to dismiss from the position of director of a state educational institution is identified in the legislation applicable on the date of the commission of the act and, implicitly, of the issuance of the decision. On the one hand, the extension, by regulatory act, of the establishment of entities that will take over, in principle, the duties and responsibilities of those they will replace, and on the other hand, the maintenance of regulatory acts in force in order to ensure the continuity of entities that, by the will of the legislator, extend their existence and functionality until the establishment of new ones, does not allow for the conclusion that the legal provisions that governed the activity of the entities that will disappear are not applied. The decision to dismiss the director of a state pre university educational institution represents the unilateral manifestation of will of the county school inspectorate, represented by the general school inspector, which orders, at the latter’s initiative, the termination of the educational management contract. As the educational management contract is a specific form of individual employment contract, its legal regime is regulated by the special provisions provided for in the pre university education legislation, being applicable to it in addition and to the extent of compatibility, the provisions of the Labor Code. The resolution of disputes with this object is within the competence of labour courts.

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