THE PROTECTION OF CIVIL RIGHTS BY THE ADMINISTRATIVE LAW IN CERTAIN EUROPEAN COUNTRIES Cover Image

LA PROTECTION DE DROITS CIVIQUES PAR LE DROIT ADMINISTRATIF DANS CERTAINS PAYS EUROPÉENS
THE PROTECTION OF CIVIL RIGHTS BY THE ADMINISTRATIVE LAW IN CERTAIN EUROPEAN COUNTRIES

Author(s): Iulian Nedelcu
Subject(s): Law, Constitution, Jurisprudence
Published by: Editura Universitară Danubius
Keywords: public administration; administrative report; discretionary power; the principles of administrative law; public service

Summary/Abstract: A very important topic, regarding the relationship between the public administration and the citizens, concerns the reports of administrative law; the degree of the compliance with the legal rules relating to the deployment of the rapport between the public administration and the citizens depends on the level of the civil rights protection. In the legal doctrine it is established for the onset and the manifestation of administrative law report, that it is necessary the existence of certain premises. These premises are generally considered the standard of administrative law, the law subjects and the legal fact of the administrative law. It is estimated that the reports of administrative law represent the legal relationships that occur through the intervention of the legal standard of administrative law on social relations, that are the activity object of the administrative activity of the State or local community, therefore conducted by the authorities of the public administration, in accordance with the legal standards, with the exception of the social relations that emerged in the process of achieving financial activity. From the analysis of administrative reports it results two aspects: the fact that the reports of administrative law represent a part of the juridical reports in the public administration authorities, and the juridical reports concerning the achievement of the financial activity, even though they are made by the public administration bodies, they are the object of the financial law, as they are considered the reports of the financial law.

  • Issue Year: 4/2008
  • Issue No: 1
  • Page Range: 113-123
  • Page Count: 11
  • Language: French