DEZVOLTAREA METODELOR DE RECURGERE LA MODELUL
CONTRACTUAL DE CĂTRE ADMINISTRAŢIA PUBLICĂ
DEVELOPING METHODS OF RECOURSE TO CONTRACTUAL MODEL BY GOVERNMENT
Author(s): Pătulea VasileSubject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: transformed administration; administrative contracts; making available to public persons various types of tools;
Summary/Abstract: The contract, as a tool for action available to public persons (political order) continued to develop over the 20th century, starting even before mankind resorted to the comprehensive decentralisation measures, particularly after assigning new competences to territorial collectives, this phenomenon bearing a proteiform appearance, which it displays nowadays, as well. Several parameters explain this this evolution starting from the pre-eminence of liberal economic ideas according to which private management is more effective than public management (which derived the necessity of reducing government actions to their bare minimum) and continuing with budgetary, financial, human or technical constraints, factors which contributed to a vast undertaking to associate public collectives with private persons in order to conceive and carry out large projects (the public-private partnerships). The contractual procedure also extended to the area of organising relations among public persons (the public-public partnerships). This cooperation among public persons takes place on all fronts and at all levels, among collectives on the same tier (horizontal contractual cooperation) and among collectives on differing tiers (vertical contractual cooperation).
Journal: Universul Juridic
- Issue Year: 2017
- Issue No: 02
- Page Range: 105-115
- Page Count: 11
- Language: Romanian
