Some theoretical aspects regarding the administrative decision Cover Image

Unele aspecte teoretice cu privire la decizia administrativa
Some theoretical aspects regarding the administrative decision

Author(s): Ludmila DUMNEANU, Tatiana Stahi
Subject(s): Law, Constitution, Jurisprudence
Published by: Editura Lumen, Asociatia Lumen
Keywords: administrativ decisin

Summary/Abstract: Decision making process proved to be the "corner stone " ofany management action. The iniial scope of this process is the identification of possible variants of action and the choice of that onewhich, through scientific documentation, is indicated to be the most feasible. Using this model, there have been analyzed some possible errors occurred in the process, that may affect the quality of decision course. The State Authorities in their activity are making many and various acts that may be classified depending on state’s functions in legislation, administrative and judicial acts. Some authors have argued in the literature, that "executive work is done by legal acts of general and impersonal or personal, legal material facts, materialtechnical operations, non-producer of legal effects as well as for purely political acts without consequences in terms of rights and obligations, and therefore no legal effect (messages, statements by the Government) ". Other authors are speaking about legal facts, as unilateral manifestation of the will that the law must recognize the juridical relevancel (legal documents, legal material commission facts, omission and commission-omission, material-technical operations). There are authors who retain that specific forms of activity of government, legal documents, administrative operations “that have a specific legal meaning” and material facts, but they are not covered judiciary “only in the measure of incidence with rules of law”. The forms exposed above, whether or not producing legal effects, generically named as administrative acts, in their entirety constitute specific forms of activity of public administration bodies. Administrative fact is between the political value to be made and a physical implementation of these values. Administrative work is not an end in itself but a means to achieve an end that it proposes a corporate and social collectivity, taken into discussion.

  • Issue Year: IV/2009
  • Issue No: 3-4
  • Page Range: 239-247
  • Page Count: 9
  • Language: Romanian