Contemporary Challenges in Administrative Law and Public Administration
Contemporary Challenges in Administrative Law and Public Administration
Contributions to International Conference Contemporary Challenges in Administrative Law and Public Administration, April 27, 2018, Bucharest
Contributor(s): Rafał Szczepaniak (Editor), Cláudia Figueiras (Editor)
Subject(s): Law, Constitution, Jurisprudence
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: Administrative law;Public Administration;
Summary/Abstract: This volume contains the scientific papers presented at the International Conference “Contemporary Challenges in Administrative Law and Public Administration” that was held on 27 April 2018 at Bucharest University of Economic Studies, Romania. The scientific studies included in this volume are grouped into two chapters: Contemporary Challenges in Administrative Law and Contemporary Challenges in Public Administration. This volume is aimed at practitioners, researchers, students and PhD candidates in juridical and administrative sciences, who are interested in recent developments and prospects for development in the field of administrative law and public administration at international and national level. This book is edited with the support of the Romanian Ministry of Research and Innovation.
- E-ISBN-13: 978-606-94312-3-8
- Page Count: 229
- Publication Year: 2018
- Language: English
The Romanian administrative law. Topicality and perspectives
The Romanian administrative law. Topicality and perspectives
(The Romanian administrative law. Topicality and perspectives)
- Author(s):Elena Emilia Ştefan
- Language:English
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:10-21
- No. of Pages:12
- Keywords:administrative law; Constitution; public acquisitions and concessions; Government Emergency Ordinance; judicial conflict of constitutional nature; revoking of administrative acts;
- Summary/Abstract:This article presents some aspects regarding the place and the role of the administrative law in the Romanian legislation system, in the year of the Great Union Centenary. The legislative changes in the past years in the administrative law domain but also the necessity of clarification of some of the conceptual terms, in the cases in which the doctrine is divergent or the legislation unclear or the surprise of the relevant jurisprudence dynamic of the High Court of Cassation and Justice or the Constitutional Court of Romania, determined us to analyze the stage where the administrative law finds itself today, mostly using the deductive method. Further more, by the complexity of the analysis that we are going to realize, moving back and forth between the public and private law, we are going to underline the conclusion by which the administrative law is a live discipline, perfectly adapted to the social life, but is deprived of a codification so necessary inits evolution, by comparison with penal or civil law.
The legal procedure applicable to administrative acts
The legal procedure applicable to administrative acts
(The legal procedure applicable to administrative acts)
- Author(s):Diana-Mihaela Malinche
- Language:English
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:22-31
- No. of Pages:10
- Keywords:administrative law; administrative act; written form; presumption of legality; presumption of authenticity; presumption of veracity;
- Summary/Abstract:For collecting and interpreting the data necessary for the elaboration of this article, I have used the method of content analysis research, taking into account the theoretical concepts of administrative law at the national level as well as the legislative provisions adopted at European level for the use by the public administration institutions of standardized administrative acts. The act of administrative law is therefore the legal expression of the way of promoting the public power by the public administration bodies. Due to its complexity, the administrative act presents specific elements: the legality and the expediency of the administrative acts, the competence of the public administration authorities, the related competence and discretionary power of the public administration. In order to be valid, legal acts are issued in written form, providing a guarantee of compliance with legality. By strictly observing all the requirements of the law, the legal effects of administrative acts are threefold: the presumption of legality, the presumption of authenticity and the presumption of veracity. As expected, there are both cases of cancelling of administrative acts, as well as cases of suspension or revocation resulting from total or temporary cessation of legal effects by an administrative act. It is important to note that, at European level, administrative acts are enforced ex officio without going through a bureaucratic procedure.
Negative effects of legal instruments of appealing public procurement procedures - abuse of law
Negative effects of legal instruments of appealing public procurement procedures - abuse of law
(Negative effects of legal instruments of appealing public procurement procedures - abuse of law)
- Author(s):Emilian Ciongaru
- Language:English
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:32-38
- No. of Pages:7
- Keywords:public procurement; the principles of awarding public contracts; the administrative-jurisdictional procedure; the abuse of law;
- Summary/Abstract:In accordance with the provisions of Law no. 98/2016 of 19 May 2016 on public procurement, the principles underlying awarding public procurement contracts and organising solution contests are: non-discrimination; equal treatment; mutual recognition; transparency; proportionality and assuming responsibility. Any person who deems themselves to have had their interests injured may oppose the method by which such contracts were awarded. Consequently, this being the case, the procedure is not completed and it shall enter the convoluted system of procedural law courts, the cases possibly lasting quite a long period of time, causing delays which are often irreparable from the point of view of the parties involved, but especially of the contracting authority. Problems that occur in such situations must be resolved much quicker and should enter an emergency procedure aimed to minimise the negative effects of the delays which, many times, are fabricated. Could abuse of law or evasion of the law be invoked in this respect? It would be interesting to take into account such alternatives but strictly within the limits laid down by the letter and the spirit of the law.
Comparative examination between disciplinary liability of employees and disciplinary liability of civil servants
Comparative examination between disciplinary liability of employees and disciplinary liability of civil servants
(Comparative examination between disciplinary liability of employees and disciplinary liability of civil servants)
- Author(s):Radu Ștefan Pătru
- Language:English
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:39-45
- No. of Pages:7
- Keywords:public servants; employees; disciplinary liability; cancellation of the disciplinary sanctions;
- Summary/Abstract:Disciplinary liability is a category of responsibility specific to labor law and derives from the employer's prerogative to penalize the employee by virtue of the subordination relationship between the parties that characterize the labor relations. The legislator established in the Labor Code art. 251-252 a summary disciplinary investigation of the employee, that is carried out by a person empowered by the employer to investigate the employee. Employer under internal regulation or social partners under a collective labor contract may establish a discipline committee, which is in practice. Law no.188/1999 on the status of civil servants, in art. 77 to 82 regulate the disciplinary liability of civil servants. Unlike the provisions of the Labor Code, Law no. 188/1999 provides a number of additional guaranties for civil servants, such as the enumeration by the legislator of the facts constituting disciplinary misconduct and the commission for the disciplinary investigation. Elements of differentiation between the two occupational categories can also be found in the rehabilitation after disciplinary sanctions. In the present study, the main aspects that characterize the disciplinary liability of employees and civil servants will be analyzed and, on the basis of the analysis, proposals de lege ferenda will be made.
Controversy on legal liability of the medical staff in the case of the presumptions of parental consent
Controversy on legal liability of the medical staff in the case of the presumptions of parental consent
(Controversy on legal liability of the medical staff in the case of the presumptions of parental consent)
- Author(s):Camelia Daciana Stoian
- Language:English
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:46-53
- No. of Pages:8
- Keywords:presumed consent; mandatory vaccination; undesirable post-vaccine adverse effects; discrimination;
- Summary/Abstract:"Consent presumed to be given" in the case of compulsory immunizations raises great questions both in terms of legal interpretation from the perspective of the possible consequences of the decision to assume responsibility, but especially when we call into question the actual procedure to be followed and the legal basis for each procedural step. The right of children to health and education is guaranteed to be unrestricted, and when this imperative breaks down and can place us relatively briefly face to face with undesirable postvaccinal side-effects or discrimination situations, we realize another possible consequence that adversely affects the "children's world", their higher interest, the right to equal protection against all discrimination, but especially against any challenge to such discrimination or impairment of the state of health. State protection measures must be in accordance with the principles of equality and non-discrimination with respect to all those involved, professionals, children or parents, and also prevent the imposition of even adverse consequences on the future of the individual, even when adopted on the basis of a motivation such as "preventing and limiting the spread of communicable diseases that can be prevented by vaccination". The article aims to draw attention to one of the many "legal phenomena" that do not find a place on all its lands regulated in the practice of Romanian law, without proper corroboration of all the normative acts in force at national level and not only.
The legal regime of the public policy documents
The legal regime of the public policy documents
(The legal regime of the public policy documents)
- Author(s):Marieta Safta
- Language:English
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:54-68
- No. of Pages:15
- Keywords:public policy documents; strategy; plan; memorandum; legal certainty;
- Summary/Abstract:Public policy documents are decision-making tools that identify possible solutions to address public policy issues. The present study analyzes the incidental regulatory framework regarding the initiation, development and adoption of these documents. The study also analyzes the types of public policy documents, the place and the role in the decision-making process at the level of the public administration, the effectiveness of the measures they establish, in order to conclude on their importance, especially with regard to the legislative process and legal certainty.
The administrative disputes law, betweeen complementarity and incompatibility
The administrative disputes law, betweeen complementarity and incompatibility
(The administrative disputes law, betweeen complementarity and incompatibility)
- Author(s):Ovidiu Podaru
- Language:English
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:69-83
- No. of Pages:15
- Keywords:contentious matter; the Civil Code; legal act; freedom to enter into agreements; legal relations of public power;
- Summary/Abstract:Are these two framework regulations (the Administrative Disputes Law - ADL and the Civil Code) complementary or incompatible? The referee of this relationship should be "the specificity of public power relations" between the administration and those administrated. Therefore, the first objective to be established is to clarify the content and the limits of this notion. And, as our doctrine and case law formed after the entry into force of the current form of article 28 of ADL does not provide decisive arguments, it is necessary to investigate the fundamentals of administrative law. The second objective - to which the results of this study are related - is the review of the main civil law institutions and their reporting to the already studied notion. Thus, the regime of goods, obligations and contracts, succession and prescription, but not only, shall be the subject of the test of compatibility with the specificity of the legal relations of public power. And the conclusions - obviously divergent, in the sense that some civil law institutions have passed this test, others have not, should for the future, be a reference point for judicial practice in those situations where they are confronted with such legal issues, not extremely frequent but of an appreciable difficulty.
Commission institution - 'guardian of the treaties' and deputy of the execution and administration functions in the European Union
Commission institution - 'guardian of the treaties' and deputy of the execution and administration functions in the European Union
(Commission institution - 'guardian of the treaties' and deputy of the execution and administration functions in the European Union)
- Author(s):Ioana Nely Militaru
- Language:English
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:84-90
- No. of Pages:7
- Keywords:Commission institution; administration functions; European administrative law; European Union;
- Summary/Abstract:As the guardian of the Treaties, the Commission is the institution that promotes the general interest of the Union. From this perspective, the Commission exercises its legislative proposal, harmonizing the Union's interest with the national one. The Commissionis therefore entitled to inform and prosecute the failure to comply with Union law, including the management of safeguard clauses. The Commission's execution and management functions presuppose, on the one hand, its power to adopt non-legislative acts and, on the other hand, to exercise the European Social Fund management rights.
Public legal person vs. public authorities. Delimitations. Legal framework. Categories
Public legal person vs. public authorities. Delimitations. Legal framework. Categories
(Public legal person vs. public authorities. Delimitations. Legal framework. Categories)
- Author(s):Mădălina Voican
- Language:English
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:91-104
- No. of Pages:14
- Keywords:public legal person; public authorities; decision and executive bodies; legal entity; contracting authority;
- Summary/Abstract:The article is organized as an analytical study of the public legal person that stems on the finding that this concept is less known by law practitioners. The review opens on a number of conceptual delimitations grounded on civil law enforcement practice. It continues with the definition of a legal person, presentation of the substantive conditions of legal persons and then presentation of the substantive conditions of public legal person. Browsing the relevant legal framework, the article concludes with the identification of main categories of public legal persons.
Short comparison between the Financial Supervision Authority of Romania (ASF) and the Security and Exchange Commission of U.S.A. (SEC)
Short comparison between the Financial Supervision Authority of Romania (ASF) and the Security and Exchange Commission of U.S.A. (SEC)
(Short comparison between the Financial Supervision Authority of Romania (ASF) and the Security and Exchange Commission of U.S.A. (SEC))
- Author(s):Ileana Voica
- Language:English
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:105-116
- No. of Pages:12
- Keywords:Financial Supervision Authority; Security and Exchange Commission of USA; capital market; financial instruments;
- Summary/Abstract:The work consists of two main parts: the first, in which there are described the establishment, the competence as well as the organization and operation of ASF, according to the updated Governmental Emergency Ordinance 93/2012 and according to the presentation site of ASF. The second part of the work presents the same elements for SEC of U.S.A., as they are described in detail on the SEC site of the American Government. At the end of the work, there is a conclusions part, through which there are compared the main features of the two institutions with all the fundamental difference between them, regarding the activity duration, SEC operating since 1934 (being established through the Foreign Exchange Act of 1934) based on the old federal laws and those that regulated in the USA the capital market, long before we have a capital market in Romania that would need the establishment of ASF (2012).
Correlation good administration – good governance in the context of Romania’s integration in the European Union
Correlation good administration – good governance in the context of Romania’s integration in the European Union
(Correlation good administration – good governance in the context of Romania’s integration in the European Union)
- Author(s):Florina Ramona Preda (Muresan)
- Language:English
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:118-135
- No. of Pages:18
- Keywords:good administration; good governance; administrative control; administrative reform;
- Summary/Abstract:In this study we will deal with the right to good administration which includes: any person’s right to be heard before taking any potentially harmful individual action; people’s right of access to their own file, in compliance with legitimate rights regarding confidentiality and professional and trade secrecy; administration’s obligation to state the grounds for their own decisions. We will mainly introduce the most important aspects regarding central and local public administration’s adaptation to the concept of good administration and good governance throughout Romania’s integration in the EuropeanUnion. Additionally, the study will analyse the characteristics of good governance: political dimension of the concept, which involves a competitive multi-party system in the democratic policies and observance of human rights; institutional dimension represented by how the country’s affairs are managed; the technical dimension capitalised by the management quality and institutional capacity. Establishment of the European Ombudsman by the Maastricht Treaty, taken over in Romania by the institution of the People’s Lawyer, creates the premises of a control over the public institutions or public authorities with regards to maladministration.
Regionalism in Spain
Regionalism in Spain
(Regionalism in Spain)
- Author(s):Ovidiu Horia Maican
- Language:English
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:136-144
- No. of Pages:9
- Keywords:regions; regionalism; European Union; Spain;
- Summary/Abstract:”Regions” and ”regionalism” have formed a central part of the political discourse that has accompanied constitutional reform, devolution and/or decentralisation the United Kingdom, France and Spain. In the recent period all three have been in transition from post-imperial nation to constituent state of an increasingly integrated EU, and in negotiating that transition have had to deal with periphery and regional problems inherited from the past. Some regions were fully assimilated in the process of nation-building, others resisted it in some form or other throughout.
Participatory budgeting. The role of nongovernmental organizations in the participatory budgeting
Participatory budgeting. The role of nongovernmental organizations in the participatory budgeting
(Participatory budgeting. The role of nongovernmental organizations in the participatory budgeting)
- Author(s):Bogdan Țonea
- Language:English
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:145-156
- No. of Pages:12
- Keywords:participatory budgeting; local government; good practices; civil society; NGOs;
- Summary/Abstract:The objectives of the proposed study refer, on the one hand, to the analysis of the impact of the concept of participatory budgeting in the activity of the local administration in Romania and, on the other hand they refer to the way this concept intervenes in the life of the local communities and the way an active civil society can influence the action of the local administration in Romania. The research methods used to elaborate this study are: the observation of the phenomenon and the way it is reflected in the online space, the comparative analysis of the participatory budgeting models used by some local administrations in Romania, as well as some good international practices in the field, such as the analysis of the programmatic documents of the local administrations studied. The results and implications of the study aim at increasing the awareness of the local communities in general as well as that of the non-governmental organizations in particular regarding the advantages of the civil society involvement in the construction and the execution of local budgets, both in terms of increasing the quality of life but also in terms of diminishing the phenomenon of corruption in the local government.
Common Administrative Space of the European Union
Common Administrative Space of the European Union
(Common Administrative Space of the European Union)
- Author(s):Teofil Lazăr
- Language:English
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:157-165
- No. of Pages:9
- Keywords:European Administrative Space; public administration; administrative cooperation; European administrative law;
- Summary/Abstract:The European Union aims to establish a Common Space where individuals and Member States benefit from the same rights and obligations on the basis of a common legal order. EU administrative law and administrative practices are the most receptive areas to uniform conditions and rules. The EU's Common Spaces cover all the regulatory areas of the Union, starting with the geographical space and ending with the political integration of the Member States (sovereign competences). For example, in the field of establishing a common organization of agricultural markets. The existence of an efficient and democratic administration is one of the most important criteria defining the modernity of a country.
Electronic administration: brief reflection on a new administration model
Electronic administration: brief reflection on a new administration model
(Electronic administration: brief reflection on a new administration model)
- Author(s):Cláudia Figueiras, Bárbara Magalhães Bravo
- Language:English
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:166-177
- No. of Pages:12
- Keywords:electronic administration; new administration model; public interest; public efficiency;
- Summary/Abstract:The article 14 of the Code of Administrative Procedure (CPA), approved by Decree-Law no. 4/2015, of January 7, is entitled "Principles applicable to electronic administration". This article comes with the approval of our new Code of Administrative Procedure and for the first time determines in paragraph 1 that the services of the Public Administration should, in the performance of their activity, use electronic means. It should be noted that in that provision the legislator uses the word ‘should' and not 'can'. This means that the Administration have no choice. The Public Administration is forced to use electronic means, unless it is not possible. The legislator establishes an obligation of facere, whose objectives are the greater efficiency and administrative transparency, as well as a greater approximation of the services to the population. Looking to article 14 of the CPA, we will try to elucidate a concept of Electronic Administration, to reflect about this new model of Administration and the principles that apply to it, as well as to verify if this new model of Public Administration serves the public interest.
Ensuring a good administration by granting the petition right
Ensuring a good administration by granting the petition right
(Ensuring a good administration by granting the petition right)
- Author(s):Cătălin-Radu Pavel
- Language:English
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:178-187
- No. of Pages:10
- Keywords:granting of the petition right; good administration; ensuring the supreme values; Romanian Constitution; public authorities
- Summary/Abstract:The aim of this piece of research is to analyze the way of ensuring a good administration by granting the petition right. The objective of this paper is to analyze the correlation between the ensuring of a good administration by granting the petition right. The approach of ensuring of a good administration of the rule of law on behalf of the citizens is an actual legal issue. At a constitutional level, a good administration is ensured by granting the guarantee rights. Therefore, by granting the petition right in Romania, is assuring a juridical protection of all the supreme values of the citizens, ensuring therefore a good administration of the State on the citizens behalf. The methods used in drawing up this study are: the historical method, which was used in the analysis of the historical evolution of the studied field, the logical method served to analyse the current research in the field and the sociological method that helped to study the social impact. The quantitative method was used to study the relevant applicable legislation. The results of this research have highlighted on the one hand the need of citizens to benefit from a good administration by public authorities as well as the role of guaranteeing the fundamental rights of citizens in ensuring a good administration. The implications of research for ensuringthe good administration of citizens, reveals how important it is to ensure the supreme values, namely the petition right, a fundamental right analysed in this study.
Free access to information of public interest, a premise of good governance of public companies
Free access to information of public interest, a premise of good governance of public companies
(Free access to information of public interest, a premise of good governance of public companies)
- Author(s):Alina Popescu
- Language:English
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:188-198
- No. of Pages:11
- Keywords:right to information; corporate governance; public companies; decision-making transparency
- Summary/Abstract:An individual’s right to information is a fundamental right, guaranteed by the Romanian Constitution, in its art. 31. For the practical efficiency of this right, public authorities must ensure free access to information of public interest, both upon request andby default. The free exercise of the right of access to information is an expression of participative democracy and is closely related to the decision-making transparency of the authorities and public institutions using or managing public financial resources. In their activity, public companies should be driven not only by obtaining high economic results, but also by the creation of a feeling of public trust both in the goods and services they offer, and in terms of efficiency and efficacy of usage of public funds and in their contribution to the development of society. A major role in ensuring decision-making transparencyis held by governors, who, on the one hand, must provide a suitable legislative framework, and, on the other hand, through the governing authorities of public institutions, should implement legal regulations so as to ensure a sustainable development of such entities. When talking of good governance, we must consider the decision making and implementation process, as well as the transparency of such processes in the social environment.
The intellectual capital a vector of innovation in the public sector
The intellectual capital a vector of innovation in the public sector
(The intellectual capital a vector of innovation in the public sector)
- Author(s):Lidia-Gabriela Herciu
- Language:English
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:199-211
- No. of Pages:13
- Keywords:innovation; intellectual capital; innovative capital; innovative processes;
- Summary/Abstract:The term intellectual capital is not new. As early as 1836, economist William Nassau emphasized that intellectual capital is an important factor in production. The scientific concerns regarding the intellectual capital issue are not recent, they date back to the '80s. Over the years, the issue of intellectual capital has experienced an exponential development. If at first there were scientific concerns aimed at defining and publicizing the importance of the concept, acceptance is now on a deeper analysis of the management of the implications deriving from the management of intellectual capital in different organizations. Over time, intellectual capital has been defined in many ways. For some authors intellectual capital represents the knowledge that can be converted into value. Where do we need knowledge to create something new that adds value? Innovation. Intellectual capital plays a key role in innovative processes, it is responsible for innovation and with the help of innovative capital we can designate organizations that have the capacity to innovate. Purpose of the paper - the purpose of this paper is to analyze the role and importance of intellectual capital in innovative processes. To achieve a logical connection between intellectual capital and innovation, this connection brings innovative capital. The deadline for introducing the capacity of innovation organizations. We will present a framework model linking the two themes. Methods - in terms of research methodology, qualitative methods are considered. Conclusions - research will highlight the importance and role of intellectual capital in factual processes.
Police requirements as a public service
Police requirements as a public service
(Police requirements as a public service)
- Author(s):Ioan Laurenţiu Vedinaş
- Language:English
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:212-218
- No. of Pages:7
- Keywords:police; policeman; public service; Ministry of Internal Affairs; professionalism; legitimate trust;
- Summary/Abstract:The present study aims to reveal some features of the police, as a public service provided by the administration, through which it contributes to ensuring order and public peace, the state of legality and respect for the fundamental rights and freedoms of persons. There are taken into account the changes that this public service has undergone inthe context of the normative framework in force, both in terms of its organization and functioning, as well as the status of its staff, especially the policeman, as a civil servant with special status. The demilitarization of the police, as a public service and the status of the staff, has led to some changes, in terms of the way in which the activity and the relationship with the beneficiaries are carried out, as well as with the other administrative structures that are part of the national system of public order. The conclusion that we want to develop is that, despite the progress, there are still deficiencies that affect the quality of the service, the trust of the beneficiaries in the one that provides it, the overall image of the perception at the level of the public debate. It continues to express confusion with the similar service of the totalitarian regime, evoked, with a pejorative character, by the concept of "militia". It is therefore necessary to continue the preoccupations, the actions for professionalization of the police activity and the public service, as a whole.
Legal news on penal protection of cultural patrimony: the experience of the Republic of Moldova
Legal news on penal protection of cultural patrimony: the experience of the Republic of Moldova
(Legal news on penal protection of cultural patrimony: the experience of the Republic of Moldova)
- Author(s):Octavian Pasat
- Language:English
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:219-229
- No. of Pages:11
- Keywords:cultural heritage; goods of cultural heritage; misappropriation of goods of cultural heritage; destruction of goods of cultural heritage;
- Summary/Abstract:The basic purpose of the present scientific research has purpose the analysis of lawmaking updates introduced in the Criminal Law of the Republic of Moldova. Methodsof research have been chosen: systemic method, comparative method, analysis and synthesis. As a result, the present study of penal legal norms was performed in a systematical and comparative way. Especially, there have been concluded that some lawmaking solutions settled in the legislation and penal doctrine of Romania would constitute a relevant scientific support and a good lawmaking sample in order to formulate some suggestions of legislative improvement in the sphere of protection of the cultural heritage by meansof Criminal law. Finally, after a critical research there have been detected a great amount of unclear expressions and deficiencies of the modern lawmaking procedure used in the process of creating legal norms, and have been formulated new proposals to reform.