Observations regarding the right of civil servants to pursue a career. About „instability” in civil service and law non-compliance practices Cover Image

Consideraţii privind dreptul la carieră al funcţionarilor publici. Despre „instabilitatea” în funcţia publică şi practici de nerespectare a legii
Observations regarding the right of civil servants to pursue a career. About „instability” in civil service and law non-compliance practices

Author(s): Camelia Stoica
Subject(s): Law, Constitution, Jurisprudence
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: civil servant; public function; status of civil servants; public institutions; administrative law.

Summary/Abstract: In the present study the regulation of the carrier of the civil servants is considered, especially the stability and continuity – essential elements at the European Union level. Unfortunately, in the Romanian legislation, as well as in the institutional case law, it remains a purely declarative issue. The study is based on a series of recent court decisions. We criticized the abusive use of the expeditious ordinances and the instruments of legislative regulation. This is considered as an abusive practice of the law maker and shows a legislative inability related to the regulation of the public office, especially by not observing the conditions in which a person could be relieved of his office. The conclusion of the study leads to the necessity for the law maker to revise the statute of the civil servant, especially by eliminating the fluctuation determined by the succession of the governing political forces.

  • Issue Year: 3/2013
  • Issue No: 05
  • Page Range: 20-31
  • Page Count: 12
  • Language: English