THE CHECKS AND BALANCE OF THE STATE BRANCHES IN ROMANIA. AN ADMINISTRATIVE ASSESSMENT

Author(s): Mihaela Cărăuşan / Language(s): English Issue: Supliment/2016

This paper talks about the extent of public administration in connection to the separation and equilibrium of state’s power. This paper will try to address what the government of Romania has failed to address, which are the topics that must concentrate on enhancing its legal power as part of one state branch. This article focuses, also, on the links between the doctrine of the separation of powers and the concept of public administration in a cross-state branches perspective. Even if, the separations doctrine is at the root of the concept of public administration it remains unclear how administration relates to the other state powers. What is more, the doctrine proofs that public administration is an inner actor of the state’s branches and it can unbalanced or balance them.

CHALLENGES OF THE EU ADMINISTRATIVE SPACE: CONVERGENCE OF NATIONAL ADMINISTRATIONS TO THE EUROPEAN ADMINISTRATIVE LAW

Author(s): Cristina Pătrașcu,George Cristian Schin / Language(s): English Issue: 02/2017

Since their creation, back in the 1950s, the three European Communities (later known as the European Union) have constantly evolved towards a stronger union and towards the establishment of various common or shared ‘spaces’. Frequent references to the European space or the use of concepts like ‘space of security and freedom’ stand as a proof of the will of the member states and the European institutions to strengthen their cooperation. Along the same lines, the reference to the European administrative space has become an integrant part of the European political discourse and agenda. The progressive enlargement of the European Union has brought about the necessity to ensure the harmonization of the national administrative law and procedure with the European administrative law, within a common, administrative space. The existence and characteristic features of a European administrative space form the subject of intense debate and of a rich scientific literature. The present article intends to make its contribution to this debate, analyzing and presenting some of the most relevant theoretical findings concerning this topic and highlighting the challenges that both the national administrations and the European institutions has to face in their effort at finding the right ways towards a European model of administration.

NEW TENDENCIES IN PUBLIC ADMINISTRATION DEVELOPMENT- COMPLEXITY OF PUBLIC ADMINISTRATION IN THE LIABILITY AREA

Author(s): Ioana-Cristina Riedl / Language(s): English Issue: Supliment2/2017

The subject of the complexity of public administration in the liability area is not chosen with the exigency to elucidate all the theoretical and practical problems that it can raise, but in order to draw a clear picture of this institution of administrative law. Nowadays, administration appears as a component of public space, understood as the space of manifestation of general interests and of specific mechanisms of their assurance. Similar to all others, public administration can be wrong as well1. And, again, similar to all others, it can and must be held liable for its mistakes. The authors of administrative law argue that administrative liability is a form of judicial liability that is trained whenever the rules of administrative law are violated, by committing an illicit act, generally called administrative misconduct. Considering the administrative illicit, the doctrine distinguishes three forms of administrative liability, as follows: the administrative illicit itself, contravention illicit and the illicit that causes material and moral damages.2 At the basis of the organization and functioning of the public administration, and therefore at the basis of any fact that may cause damage to individuals, there is a number of administrative acts which gives complexity to the administration, especially through the identification of the person who has to respond for this damages. Therefore, we propose to perform an analysis using qualitative methods in order to discover situations in which the administration is responsible for its illicit acts.

MANDATORY CLAUSES IN THE PUBLIC PROCUREMENT CONTRACT

Author(s): Mihaela V. Cărăușan / Language(s): English Issue: Supliment2/2017

The article aims to show the crucial role of the European Union public procurement Directives and European Court of Justice case law in all the dimensions of the contract clauses in the field of classic sectors. We have addressed the contract clauses through the lens of European Union and Romanian public procurement law. First, we emphasized that the secondary European Union law emanates from the core regimes of the TFEU and pass by the European institutions in a set of detailed procurement Directives which after all must be transpose by the Member States. Second, we followed the relevant Directive’s provisions which limits or allows the contracting authority to choose different public procurement contract clauses. Third, we discussed the crucial contribution of the case law of the European Court of Justice to European Union public procurement law. Even if, the public procurement Directive for the classic sector, does not provide detailed rules for the contracts, it establishes some limits and obligations. We have highlighted these last elements in the article through the lens of the Romanian new laws.

THE CIVIL SERVICE AT ROMANIA’S CENTENNIAL

Author(s): Irina Alexe / Language(s): English Issue: 02/2018

In any modern state, an essential role in its functioning is played by the public servants, both in defining, but especially in applying public policies, as well as in exercising the public authority. In this study, the author will analyze the distinction between the notions of civil service, public authority and public office, the evolution of the notions of civil service and public servant, in close connection to the evolution of the Romanian state in its 100 years of existence and, will equally observe the European influence in this matter. The necessity of the existence of the civil service and the necessity of a strongly qualified personnel should also be emphasized, context which lead to the first regulation of the statute of the Romanian public servants and the subsequent evolutions, the recent amendments of the applicable legislation in this field provided in the Law of the Administrative Code of Romania, as well as the development tendencies of the civil service.

OSCILLATING BETWEEN DIFFERENT TYPES OF PUBLIC CONTRACTS REGARDING THE CONSTRUCTION OF A HIGHWAY

Author(s): Cătălina Georgeta Dinu / Language(s): English Issue: Supliment2/2019

The article underlines the difficulties that the public authorities have in choosing the most suitable public contract for the construction of a highway, starting from the identification of the applicable legislation in this matter, both at European and national level. The analysis of examples of good practice in such constructions is also necessary, by evaluating some public contracts already executed at the level of some foreign states. The impasse in which Romania has been for many years for the construction of a highway can be overcome by elaborating an appropriate legislation and applying it correctly. Therefore, the understanding of the specificity of the various contractual categories to which the Romanian state can appeal in order to materialize this old desire to build a highway is essential. The representatives of the central authorities often oscillated between public-private partnership, concession of works and public procurement, although the legislation has changed several times during this time. And the transposition of the European directives in the field seems not to have led to a clear conclusion on the long-term benefits and efficiency of these contracts. The article intends to respond to these concerns that currently grind the aspirations of materialization and completion of the construction of the Brasov-Comarnic highway from Romania.

Speculum Saxonum and Ius Municpale as Sources of Law in the Works of Tucholczyk

Author(s): Władysław Bojarski / Language(s): English Issue: 10/2020

The paper is an English translation of Speculum Saxonum i Ius municipale jako źródła prawa w dziełach Tucholczyka by Władysław Bojarski, published originally in Polish in “Annales Universtitatis Nicoli Copernici. Prawo” in 1987. The text is published as a part of a jubilee edition of the “Adam Mickiewicz University Law Review. 100th Anniversary of the Faculty of Law and Administration” devoted to the achievements of the late Professors of the Faculty of Law and Administration of the Adam Mickiewicz University, Poznań.

Precedents as a Source of Land Law in Poland’s Past

Author(s): Bogdan Lesiński / Language(s): English Issue: 10/2020

The paper is an English translation of Prejudykaty jako źródło prawa ziemskiego w dawnej Polsce by Bogdan Lesiński published originally in “Czasopismo Prawno-Historyczne” from 1990. The text is published as a part of a jubilee edition of the “Adam Mickiewicz University Law Review. 100th Anniversary of the Faculty of Law and Administration” devoted to the achievements of the late Professors of the Faculty of Law and Administration of the Adam Mickiewicz University, Poznań.

The Ostmarkgesetz of 14 April 1939 – One of the Normative Grounds of the Annexation Of Austria

Author(s): Bartosz Nieścior / Language(s): English Issue: 13/2021

The article presents the political and legal changes that accompanied the passing and then the introduction of the Ostmarkgesetz in Austria in 1939. It also contains a detailed analysis of the structure and layout of this normative act. The Ostmarkgesetz was extremely important because it thoroughly changed the administrative organization and introduced a new administration of the state in this area. The consequences had a significant impact on the Austrian legal order. This law is considered to be one of the main tools of the direct annexation of Austria by the Third Reich. This was the beginning of the subsequent war conquests of the Nazi state.

Aspecte privind protecția mediului în domeniul urbanismului. Jurisprudență relevantă în materie

Author(s): Dana Apostol Tofan / Language(s): Romanian Issue: 1/2022

L'étude examine d’un point de vue générale, l’influence de la protection de l’environnement dans le domaine du droit d’urbanisme et d’aménagement du territoire. D’un cote, il s’agit de l’évolution de la doctrine et de la législation dans la matière et de l’autre cote, il s’agit de l’analyse de la jurisprudence des instances du contentieux administratif concernant ces aspects.

Библиотеката на Съюза на юристите в България представя

Author(s): Author Not Specified / Language(s): Bulgarian Issue: 8/2021

Dincolo de cuvinte: controlul efectiv al puterii judecătorești asupra actelor administrației. Studiu de caz: „platforma pentru stocarea temporară a deșeurilor” din Sighetu Marmației

Author(s): Diana Ionescu / Language(s): Romanian Issue: 1/2022

The article analyses the jurisprudence of the Maramureș Tribunal and the Cluj Court of Appeal regarding the landfill in Sighetu Marmației, Maramureș County. To that end, in the first part, the article sets out the court rulings on the annulment of administrative acts establishing the location of the landfill. In the second part, the article presents judgments on the suspension and annulment of administrative acts issued to allow the continued storage of waste during the emergency caused by the Covid-19 pandemic.

O dyskrecjonalnej władzy zarządzania procedurami podatkowymi

Author(s): Hanna Filipczyk / Language(s): Polish Issue: 2/2022

The article aims to analyse the discretion given to tax authorities in managing tax procedures – to describe it and postulate how it should be regulated by law and exercised in practice. In the study, the dogmatic method was used; in particular, a case of discretion in initiating a customs and tax audit was studied. It is demonstrated that this type of discretion is vast and multiform; it is also only weakly determined by law. It manifests itself in, among other things, the authority to decide tax cases by taking account of the odds of winning the case before the court. Assessment of the odds may lead, and in fact often indeed leads, to a tax authority settling the case informally with a party to a proceeding (a taxpayer) instead of pursuing it in court. For the most part, discretion in managing tax procedures has escaped the attention of the Polish legislator. This discretion should be analysed by legal scholarship and subjected to legal regulation. This will make its exercise more transparent and controllable.

Ваксинирането – административно социално задължение

Author(s): Reneta Ilieva / Language(s): Bulgarian Issue: 1/2022

The article examines the emergence of compulsory vaccination from a historical perspective. It distinguishes between recommended and compulsory vaccination. It discusses in detail the administrative legislation that provides for compulsory vaccination.

Носенето на предпазни средства (маски) по време на пандемия – административно задължение за опазване на общественото здраве

Author(s): Simonna Kirilova / Language(s): Bulgarian Issue: 1/2022

The COVID-19 pandemic has changed the world dramatically. We will probably never see it again as it was before the appearance of the virus. We have all witnessed things that were very far away from us and have now become part of our daily lives. The virus has settled among us, and fear has settled in our hearts. We got used to hide in our homes or behind our masks, to avoid contacts, hugs. All happening around the virus started to excite me a lot from the first months of its appearance in Bulgaria together with the introduction of the state of emergency. I started asking myself different questions and looking for their answers. All topics around the coronavirus continue to be discussed until today – vaccines, restriction of fundamental rights, wearing personal protective equipment. With the research I did, I tried to answer some basic questions, referring to different regulations, as well as to give different points of view to practicing lawyers, opinions of the World Health Organization, as well as my own view.

Ваксинирането като административно социално право

Author(s): Remina Aleksieva / Language(s): Bulgarian Issue: 1/2022

Thе paper discusses the administrative social right to vaccination in the context of European and Bulgarian administrative law. It examines the interaction between the rights to privacy, freedom of religion and the right to health according to their content in the European Convention on Human Rights, the Constitution of the Republic of Bulgaria and current legislation. Also, the paper comments on the case law of the European Court of Human Rights (ECtHR) on these rights in relation to health hypotheses, aiming to strike a balance between the individual rights of citizens and social rights important for society as a whole. In the light of the case law and legal framework, the paper discusses the extent to which interference with the scope of these rights is regulated by law, pursues a legitimate aim and is necessary in a democratic society.

Пенсионното осигуряване на заетите в системата на училищното образование в България – законови промени, развитие и предизвикателства

Author(s): Lyudmila P. Vekova / Language(s): Bulgarian Issue: 1/2021

The report analyzes the pension legislation and the current specific regime of pension insurance in relation to those employed in the school education system and the main changes in the legislation for the acquisition of pension rights by pedagogical specialists. Emphasis is placed on the functioning and development of the teachers' pension fund as the first occupational pension fund in Bulgaria. The changes in the age structure of the employees in the school education system and their compliance with the changes in the specific regime of pension insurance are analyzed. The assessment of the changes in the pension rights of the pedagogical specialists is also made in the aspect of their compliance with the main European priorities in the pension insurance and with the most important directions of the implemented pension reforms.

Wpływ informatyzacji administracji publicznej na reformę podziału terytorialnego na przykładzie Estonii

Author(s): Jan Izdebski / Language(s): Polish Issue: 2/2022

Public administration undergoes constant changes in its basic forms of functioning and ongoing organisational structures. The introduced changes result from the necessity of adjusting to changes of scene and realized reforms of regime, which, next to changes in the public administration, concern the whole structure of a given state. The most important regime changes which are also connected with the structure of the public administration include changes in the territorial division of that state. The changes in this area result from social, economic and demographic changes, they are also very often dictated by a change in the legislator’s vision regarding the holistic system of managing public matters and the performance of public tasks. Nowadays, these traditional criteria are overlapped with dependencies resulting from computerisation processes that influence the application of administrative and legal regulations and the forms of the performance of public tasks. The processes also concern the forms of contact and information flow between citizens and public entities. The management of a high level of computerisation in the area of administration processes, as observed in Estonia, allows for making the organisational structures of the state and public administration real while preserving, or even enhancing, the standards of the availability of public provisions and the performance of public tasks.

The Chair of Administration Science and Administrative Law at the Faculty of Law and Economics at the University of Poznań in the Interwar Period: Organization and Main Research and Teaching Directions

Author(s): Adam Ostrowski / Language(s): English Issue: 4/2021

The aim of the article is to analyse source materials related to the functioning of the Chair of Administration Science and Administrative Law at the University of Poznań. The study discusses the problems experienced by the then-contemporary scientific and lecturing staff, and also characterised the atypical structure of the Faculty of Law and Economics, as composed of the sections of state law and economy. The organization of the chairs of administrative law at the University of Poznań was separated and their main research and development directions and the most important representatives were indicated. The article broadly discusses the issue of teaching administrative law in comparison to other chairs of the University of Poznań, so that the conclusions give the best possible image of the discussed subject.

On the Possibility of Acquisitive Prescription by the State of Real Properties Unlawfully Seized under the Provisions of the 1944 Agrarian Reform Decree

Author(s): Piotr Fiedorczyk,Anna Stawarska-Rippel / Language(s): English Issue: 4/2021

The subject of this paper are those factual states that occurred on the basis of the agrarian reform decree and concerned the unlawful seizure by the State of palace-park complexes. It was only after the collapse of real socialism in 1989 that the owners or their legal successors obtained an annulment of the decision to seize the property. However, this was, and is, only the beginning of the struggle, as the State Treasury or its legal successors are claiming before the common courts the acquisitive prescription of the property being the subject to the recovery claim. The divergence of at least 20 years in jurisprudence as to the date of commencement of the period required for acquisitive prescription (1980–1991) is an undesirable phenomenon, requiring the adoption of a coherent approach of the courts. Consequently, the authors of this text represent the view that the period of validity of both the Agrarian Reform Decree and the subsequent legal acts, with particular emphasis on the period of validity of the Decree of 1945 (Journal of Laws no. 28, item 321) and then Article 9 (16) of the Act of 1958 excluded the course of the acquisitive prescription in favour of the State Treasury of the agricultural and forestry properties unlawfully seized by the State. This period lasted until 31 December 1991, i.e. until the final date when Article 9 (16) was in force.