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Particularităţi ale obligaţiilor autorităţilor publice locale din statele membre în materia atribuirii contractelor de servicii publice reglementate prin Regulamentul (CE) nr. 1370/2007

Author(s): Emilia Lucia Cătană / Language(s): Romanian Issue: 02/2019

This study carries out an analysis of certain issues relating to the enforcement, starting from 3 December 2019, of the provisions of art. 5 of the Regulation (EC) no. 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road and repealing Council Regulations (EEC) Nos 1191/69 and 1107/70, establishing obligations of the relevant local authorities as regards the award procedure of public services contracts falling within the scope of this regulatory act. To this end, it is also eloquent the recent case law of the Court of Justice of the European Union passed through the agency of the procedure of preliminary references, which is also examined.

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Modernizarea dreptului administrativ în era transformării digitale. Actul administrativ electronic

Author(s): Emilia Lucia Cătană / Language(s): Romanian Issue: 04/2019

This study aims to analyze the modernization of administrative law in the digital era, taking into account the positive law at European level and the comparative law, in the context of the digital society. This means the adoption of the electronic administrative act, which is customized by specific procedural forms, such as electronic signature and deletion of the stamp.

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Responsabilitatea în executarea prerogativelor de putere publică – analiză comparativă între răspunderea funcţionarului public și răspunderea administrativă

Author(s): Victor Alistar / Language(s): Romanian Issue: 04/2019

The most frequent situations of employing administrative-disciplinary liability can be seen in situations where civil servants do not fulfil the obligations arising from their civil servants’ status, in which they were invested through administrative documentation. The Administrative Code was adopted to fill in the legislative gaps regarding the administrative liability, as well as the deficiencies of the regulation regarding disciplinary sanctions applicable to civil servants.

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Legalitatea și calitatea reglementării în sistemul juridic românesc

Author(s): Gabriela Varia,Elena Constantin / Language(s): Romanian Issue: 04/2019

The paper presents some of the main contributions of the Romanian doctrine to the study of the supremacy of the Constitution and the principle of legality, and considers the quality of regulation as a dimension of legality, also underlining the major role that international organizations have in determining the dimensions of the principle of legality. Although the first two parts of our research are mainly theoretical, the last part of the paper offers examples from the practice of regulation, gathered during last years, the conclusions indicating the importance of the relation between regulation drafting technique and the principle of legality.

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Răspunderea în Codul administrativ. Responsabilitatea ministerială – piesa lipsă din puzzle-ul Codului administrativ

Author(s): Flavia Ghencea / Language(s): Romanian Issue: 04/2019

The adoption of the Administrative Code was considered, at least by the persons involved in the administrative phenomenon, as the “event of the year 2019”. As it has become effective after a long period full of obstacles, in a different form from the initial draft, the code represents a great advance towards what is deemed as a great advantage by the codification: consistency, stability and unitary enforcement of the legal rules. This present study aims at, on the one hand, the examination of an institution which represents a novelty in the Romanian normative framework, the administrative responsibility, as a form of responsibility specific to the administrative law and, on the other hand, a brief analysis of a form of responsibility missing from the content of the Code – the ministerial responsibility.

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Administratorul public şi contractul de management al administratorului public în contextul Codului administrativ aprobat prin O.U.G. nr. 57/2019

Author(s): Oliviu Puie / Language(s): Romanian Issue: 01-02/2020

The institution of the “public administrator”, regulated by the Administrative Code, largely resumes the provisions of the Law on local public administration no. 215/2001 (currently repealed), without clarifying, like the old normative act, essential aspects concerning the nature of this function and the manner of exercising it. In the spirit of the new normative framework established by the Administrative Code, the present study aims at a modest analysis of this institution, aiming to clarify the aspects regarding the legal nature of the public administrator function and that of the management contract based on which the public administrator operates.

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Conferinţa cu tema „Achiziţiile publice între norme şi practici. Context naţional şi european”, Sovata, 27 februarie-01 martie 2020

Author(s): Verginia Vedinas / Language(s): Romanian Issue: 01-02/2020

În perioada 27 februarie-01 martie 2020 s-a desfăşurat la Sovata cea de-a IX-a ediţie consacrată materiei achiziţiilor publice cu tema precizată în titlul prezentului material.

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Funcţia publică în România: evoluţie legislativă şi practici instituţionale

Author(s): Verginia Vedinas / Language(s): Romanian Issue: 03-04/2020

Public office represents one of the traditional institutions of the public office in Romania, which managed to gather approximately two centuries of history related to regulation, if we consider that we have found any regulations in the matter since the period of the Organic Regulations of Moldavia and Muntenia, of 1831 and 1832, considered to represent the first documents deemed to be of a constitutional value on the Romanian territory. As a real “prima Donna” of the “scene” of the Romanian law, public office has been of concern not only for the legislator, but also for the doctrine and case law in the matter, and the political class has permanently had it in sight, moving between the acknowledgment, at least at the declaratory, programmatic level of the part of the public official for the smooth running of the State activity, as a whole, on the one hand, and the preparation of regulations in which the trend is felt to control its power, the career development and the involvement in the content of the administrative decision. Being adulated or ignored, public office remains the backbone of the State administration and activity and of the local communities in Romania, which should evolve alongside with them, maintaining its constants which ennoble its past and ensure the continuity of its role in the future.

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Aspecte de drept comparat privind jurământul şefului de stat

Author(s): Elena Emilia Ştefan / Language(s): Romanian Issue: 03-04/2020

The oath, as the last solemn formality in order to exercise a public office or dignity, is always taken by the person who, previously, went through a certain specific procedure, in order to fulfil that position. Therefore, the oath shall be taken in person, in an official setting, in public and only by a natural person, before the exercise of the function or mandate begins. The present study proposes a comparative legal analysis of this subject in order to capture the way in which the oath is reflected in the Constitutions of several states within the executive power, regardless of the form of government. Thus, regardless of the title under which the head of state, President or Monarch is mentioned in the Constitution, the analysis will capture the perspective of the legislator from different geographical areas, with different values and traditions, on the oath of the person holding the most important public dignity in the state. The conclusions we reached as a result of studying the proposed bibliography are at the end of the study.

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Protecţia datelor cu caracter personal în relaţionarea dintre colectivităţile locale

Author(s): Radu Stoian,Camelia Daciana Stoian / Language(s): Romanian Issue: 03-04/2020

Time constantly shows us that the problems of local communities are more and more complex and the capacity of the Local Public Administration Authority on the side of handling and solving public affairs always needs to be reshaped. Regulation (EU) 2016/679, referring to the protection of individual concerning handling of personal data and the free movement of this kind of data’s, applied within the context of the concept of local autonomy, has direct implications referring to the way of organizing the attributions and exerting the competences in direct relationship with the citizens of the Local Administrative Authority, petitioners or any other categories of individuals including employees or representatives of legal entities governed by public or private law. The purpose of this study represents an analysis of the practical reality, in fact, of the way that legal representatives of the Local Administrative Authority, those named responsible of personal data handling inside these authorities or any other public officer or employee, are aware of the importance of the judgments pronounced by The European Court of Justice from Luxembourg, or are aware of the necessity of following up so that the jurisprudence of this court is applied and enforced.

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Critical Remarks On the Implementation of the Anti-Tax Avoidance Directive in The Bulgarian Legislation

Author(s): Stoycho Dulevski / Language(s): English Issue: 2/2022

The aim of the current paper is to outline some challenges regarding the implementation of the Anti-Tax Avoidance Directive (ATAD) in the Bulgarian legislation. For this purpose, specific aspects of the ATAD’s legal nature will also be examined in general. In this regard, the main applied methods used are the historical, the comparative and the logical. The author would like to draw attention to the relationship between the secondary European (EU) tax law and the relevant domestic provisions as key factors for the national tax policy regarding the tax avoidance from direct taxes’ perspective. The summary of the findings will help to estimate the efficiency of the new rules and the necessary steps for their further improvement. It will also outline the future trends on this issue.

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SPECIFIC DEONTOLOGICAL RULES APPLICABLE FOR THE PUBLIC MANAGER IN THE CONTEMPORARY ROMANIAN SOCIETY

Author(s): Andreea Elena Matic,Ştefania Cristina Mirică / Language(s): English Issue: 1/2022

The public manager is a civil servant with special status and attributions, whose specific duties imply carrying out the reforms in public administration, adapting the activity of Romanian institutions to the specific and standards of European Union institutions and ensuring the smooth running and the efficiency of public authorities and/or institutions. In the present paper we aim to analyze the institution of public manager mostly from the perspective of the applicable deontological rules. We will also refer to the particularities of the current period due to the COVID-19 pandemic and theme asures that need to be taken in each institution, both to ensure the efficient carrying out of the specific activities and also to ensure the health protection for the civil servants and the beneficiaries of the public services. In order to achieve our purpose, we will analyze both the legal frame specific to public managers in several public institutions (such as hospitals, public libraries, universities) as well as the special legal norms established to prevent or restrict the spread of the pandemic, one of the most recent being the Decision no. 94 of 25th October 2021.

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Limitele constituționale ale autonomiei universitare

Author(s): Andrei-Nicolae Popa / Language(s): Romanian Issue: 1-2/2021

In this paper, we aim to identify the limits set by the constituent legislator on university autonomy, by referring to the jurisprudence of the Constitutional Court, the international standards imposed in the field of university education, and the existing regulations in primary law. The reason for such an approach stems from the public need to know the framework in which higher education institutions are authorized to take administrative, organizational and financial decisions autonomously, as well as the legal relationships that are established between these higher education institutions and the central public authorities. Therefore, in this article, we offer a discussion of some of the problems that create divergent positions in higher education: the increase in university fees and the legal regime of the Study Contract, relating to the legislative framework and the jurisprudence of the Constitutional Court that establish the limits of university autonomy.

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Reflecţii asupra unei situaţii de vid legislativ – imposibilitatea depunerii jurământului de către Preşedintele nou ales

Author(s): Elena Emilia Ştefan / Language(s): Romanian Issue: 03/2021

From the study of the national legislation, a possible theoretical but also practical situation of legislative gap was identified, regarding the head of state. The current Constitution does not detail what happens or how to proceed in case of non-taking the oath by the newly elected President, this being the factual situation found as a result of reading the Basic Law. The question that serves as a pretext in the documentation and analysis of the present study is: “What happens if, at the final moment of the procedure by which a person reaches the position of President of the country, that of the investiture, according to Article 82 of the revised Constitution, the official moment no longer takes place, for any reason, objective or subjective?”. Going through and interpreting the constitutional provisions as well as other normative acts may provide a possible theoretical answer, but the jurisprudence is non-existent at this moment. The conclusions we reached after the documentation are found at the end of the study, on which occasion the lines of future research on the subject of the oath will be drawn.

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Viceprimarul şi administratorul public – aspecte ale statutelor juridice, potrivit Codului administrativ

Author(s): Cristina Cornelia Feurdean / Language(s): Romanian Issue: 03/2021

The European Court of Justice from Luxembourg must be perceived definitively and undeniably as a judiciary authority belonging to the European Union, which ensures the interpretation and enforces the application of the EU law in a uniform way, in all the Member States, guaranteeing at the same time the dissemination of its jurisprudence in all official languages of the Member States belonging to the Union, via its Official website, via the European Union’s Official Journal and via other2 jurisprudence databases. So far, no problem has been identified, everything is clear, correct, and concise, even when we are analyzing the juridical framework of the relationship between the European Court of Justice and the national courts or the relationship between European Union law and national law. However, in current practice there is a temptation of avoiding the existing jurisprudence, to emphasize the idea that it would not be necessary to comply with a judgment of the European Court of Justice, unless standing trial in a national court, where such a decision could be invoked. In other words, if it stands and the juridical person or other forms of profession upon which some pressure is exerted cannot afford to waste time in Court, then why not give it a try?

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Dreptul la buna administrare în procedurile de remediu din materia achiziţiilor publice. Buna administrare în procedurile de achiziţie publică

Author(s): Horaţiu Pătraşcu / Language(s): Romanian Issue: 03/2021

The status of the deputy mayor and that of the public administrator gave rise to numerous controversies before and after the implementation of the Administrative Code. This paper analyzes these legal statutes, highlights legislative contradictions, presents examples from practice. Based on the brief research of these issues, it proposes the express, predictable regulation of the modalities of election, respectively appointment of the deputy mayor and the public administrator but especially the clarification of the problem of delegating the attributions of the mayor to the deputy mayor and the public administrator.

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PUBLIC ADMINISTRATION IN A EUROPEAN CONTEXT. CASE STUDY: POSSIBILITIES TO COMPLETE THE TRIAL PERIOD – PRACTICE AT NATIONAL LEVEL VERSUS PRACTICE OF THE EUROPEAN UNION CIVIL SERVICE TRIBUNAL

Author(s): Camelia Daciana Stoian,Eugenia Iovănaş / Language(s): English Issue: 3/2022

As social policy is outlined and its objectives stated in the provisions of Article 151 of the Treaty on the Functioning of the European Union, both the Union and the member states must be responsible for respecting "fundamental social rights such as those stated in the European Social Charter signed in Turin on 18 October 1961 and in the Community Charter of Fundamental Social Rights of Workers adopted in 1989". In the light of these goals, we are concerned with an analysis aimed at a legal and fair promotion and harmonization of the procedure for filling positions at the public administration level, with an emphasis on the protection of social rights and the harmonization of good practices developed, in conditions of honest social protection and combating exclusion and discrimination of any kind. It is therefore necessary, at a theoretical level, to take it for granted that the Union and all its member states implement practices aimed at favoring the harmonization of social systems. Concretely, however, we find that the applied procedures neglect the approximation of the issued administrative documents and any kind of common methodology, as long as a report is not regulated or applied at the national level that reproduces the conclusions of the verification of the professional skills of the employee at the end of the trial period. We propose in this article a substantiated analysis of the methods of termination of trial periods, so that the termination of employment contracts concluded during the trial period exclusively through a written notification, without notice and without any motivation, is no longer the concern of the courts, because the court cannot verify the existence or not of the professional aptitude in the absence of the presentation of some arguments by the employer that aim to fulfill or not within reasonable terms the assigned duties, certain difficulties in the service relationship or the degree of accommodation with the administrative and hierarchical system.

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Integritatea funcțiilor și demnităților publice reflectată în jurisprudența Curții Constituționale a României

Author(s): Daniela Mituțoiu / Language(s): Romanian Issue: 04/2021

Integrity is a concept that speaks of consistent actions, according to values, methods, and measurement elements, as well as reporting to principles and expectations that can be verified by results. The origin of the word “integrity” derives from the Latin adjective “integer” (whole, complete), and in this context, it refers to the totality of the qualities of an individual, expressed by honesty and consistency of character. This article presents some reflections concerning cases of the Constitutional Court of Romania relevant to the activity of the National Integrity Agency.

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Antoniu Tudor, «La décentralisation en Roumanie depuis 1859», Éditions L’Harmattan, Paris, 2021

Author(s): Verginia Vedinas / Language(s): Romanian Issue: 04/2021

Review of: Antoniu Tudor, «La décentralisation en Roumanie depuis 1859», Éditions L’Harmattan, Paris, 2021

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Правната сигурност като Conditio sine qua non

Author(s): Mladen Mladenov / Language(s): Bulgarian Issue: 1/2022

The legal certainty is a condition without any modern states and modern societies cannot exist. The legal certainty is an inherent property of the legal system, which is part of the national security system. The dynamism of the national security system finds its footing in the slower changing legal system. The professionalism, responsibility and dedication of lawyers, sociologists, political scientists and security experts are of particular importance here.

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