Drepturile și obligațiile funcționarilor publici români
The rights and the duties of Romanian public servants

Summary/Abstract: The public servant is a person appointed, in accordance with the law, to achieve the prerogatives of public authorities by the central and the local public administration (art. 2 par. 2 in the Public Servant Statute). The public servant is a party in a legal relation of service and has by virtue of this status a number of rights and duties. The public position does not cover the whole range of powers and duties incumbent upon a public servant, for the latter may be entrusted other tasks as well, related to or outside the position he/she is holding; this may be done on the grounds of the law or coming in the form of orders from his/her superiors. The public servant exercises his/her function on the grounds of a legal investiture and within its limits and may not refuse to accomplish it except for illegal orders coming from his/her superiors. The rights and the duties related to his/her position, as well as the personal ones, belong with one single legal relation, namely, the service relation. The common feature of position (service) rights is that they are granted to public servants so that by means of the actions performed in the exercise of their rights they should provide the application of the laws and the other normative acts adopted on the basis and in the exercise of the law.

• Details
• Contents