Perspectives of Law and Public Administration

Table of Contents

  • Contents


  • Fernanda Paula OLIVEIRA - Carla MACHADO

    Abstract:
    We are witnessing in Portugal an intense movement of dematerialization of files and administrative procedures. Of files, because Public Administration has been moving towards the promotion and effective implementation of documentary registers and their availability in electronic support to the detriment of the usual registration on physical paper support. Of procedures, since the procedural electronic process has been privileged in relation to the face-to-face contact during the office hours previously established by the services. We have thus passed from a model based on the ancient bureaucratic requirements to a Public Administration able to adapt to the new technological realities and the challenges of e-government. Today, the contact between the citizen and the Public Administration is, as often referred, "at the distance of a click", without any time constraints or imposition of unnecessary bureaucratic requirements. Therefore, we have today a Public Administration that tends to be more effective and more efficient, that, as a tendency, does not require more than it needs, being the tributary of a model of "intermittent administration". With this article, we intend to highlight some characteristics of 21st century public administration: a Public Administration that is intended to be closer to the citizen.
    Keywords: administrative procedures, public administration, dematerialization of files, e-government.
    JEL Classification: K23, H83

    PAPERS, MY FRIEND, ARE BLOWING IN THE WIND: TOWARDS A PAPERLESS ADMINISTRATION
        Page 1

  • Valentina CORNEA
    Abstract:
    In most countries in the European Union, the associative structures of local authorities were formally recognized in the early 1990s of the last century. Their establishment and strengthening is a process associated with decentralization. The role of associative structures is to facilitate the dialogue between central and local authorities and to contribute to the assertion of local autonomy. The data on the involvement of associative structures of local public authorities in Romania in the governance process shows that they meet the criterion of legitimacy and, to a lesser extent, the criterion of functionality. We are rather seeing a stimulated participation in order to respond to the implementation of a law than a civic involvement in its true sense. The limited performances of the involvement in the governance process are attributed to the socio-political context.
    Keywords:associative structures, decentralization, autonomy, consultation, functionality.
    JEL Classification:H76, H83, K23
    THE ROLE OF THE ASSOCIATIVE STRUCTURES OF THE LOCALAUTHORITIES IN THE GOVERNANCE PROCESS
        Page 30
  • Teodor Narcis GODEANU
    Abstract:
    The study aims to analyze the Law no. 153/2017 on the remuneration of staff paid out of public funds, highlighting both the positive aspects and especially the deficiencies of the regulation. We have in mind those concerning the subject of regulation, the adoption procedure, the principles governing the salaries of this category of staff, and the established solutions. Correspondingly, we propose to formulate some basic solutions to be considered in the future. This in the context in which such a regulation needs to reveal its vocation to represent a genuine "salary code", to devote solutions that can provide it with efficiency and stability.
    Keywords: salary, contract staff, civil servants, dignitaries, legality, equity, efficiency, stability
    JEL Classification:H83, K23, K31, J45
    SOME CONSIDERATIONS AND POSSIBLE SOLUTIONS FOR THE REMUNERATION OF PUBLIC SECTOR PERSONNEL - ACCORDING TO THE FRAMEWORK LAW ON THIS MATTER
        Page 21
  • Adriana DEAC
    Abstract:
    In 2016, national legislation on public procurement, sector procurement and concession contracts for works and services was modified, creating a unitary and modern legal framework. For settlement of all disputes regarding these categories of contracts regulated by separate normative acts, a single regulation was adopted, namely Law no. 101/2016 on remedies and remedies in connection with the award of public procurement contracts, sectoral contracts and concession contracts for works and concessions of services, as well as for the organization and functioning of the National Council for Solving Complaints2. The present paper aims to present the scope of this regulation as well as the administrative-judicial dispute settlement procedure formulated in the procedures for concluding these contracts.
    Keywords: public procurement, sector procurement, concession contract, contracting authority, National Council for Solving Complaints, Law no. 101/2016.
    JEL Classification:H57, K23, K41
    GENERAL ASPECTS REGARDING JURISDICTIONAL ADMINISTRATIVE CONTEST REGULATED BY LAW NO. 101/2016 ON THE CONTRACTS OF PUBLIC PROCUREMENT, SECTORAL CONTRACTS AND WORK CONCESSION CONTRACTS OR SERVICES
        Page 36
  • Cosmin SOARE
    Abstract:
    The research of the national cultural heritage from a legal perspective is a necessity in the present Romanian legal space. The attention paid to this field has the vocation to contribute to shaping a national consciousness on the importance of cultural heritage in the life and identity of Romanian society. The article proposes an objective approach to regulations in the field, with the presentation of relevant examples from national and international jurisprudence as an expression of the current state of cultural heritage protection. The development and adaptation of specific regulations, policies and operations to the real needs of the cultural patrimony presupposes the concurrence of a complex of factors, among which the public administration, through its authorities, institutions and specialized bodies, plays a key role.
    Keywords: cultural heritage law, administrative law, administrative accountability, public administration, national identity.
    JEL Classification: H41, K23
    NATIONAL CULTURAL HERITAGE: INTERDISCIPLINARY APPROACHES. REFLECTIONS ON THE INSTITUTION OF RESPONSIBILITY IN THE MATTER
        Page 43
  • Bogdan Sebastian GAVRILĂ

    Abstract:
    The legal problem of verifying the lawfulness of the sanction for exceeding the legal speed of the offender by reference to the Legal Metrology Norm 021 - 05 "Devices for Measuring the Speed of Motor Vehicles (Cinemometers)" has over time generated a non-unitary judicial practice. Some courts have annulled the fines due to the fact that the offense retained by the investigating agent was not committed by the petitioner. Others annulled in part, framing that act in a legal text that provides a milder sanction. The majority rejected the complaints, noting that the existence of a margin of appreciation provided by the legal text previously indicated regarding the verification of the functionality of the radar apparatus does not automatically equate to retaining a reduced speed level of the applicant in the application of the in dubio pro reo principle, according to the values expressed in the Legal Metrology Rule. Through a careful analysis of the legal texts, doctrine and judicial practice, the present study aims to clarify the implications of the Appeal in the interest of the law in regards to the solution of the legal problem available to the courts.
    Keywords: implications of the Appeal in the interest of law no. 3/2018, error margin, radar apparatus, effects on contravention complaints, Legal Metrology Norm 021 – 05.
    JEL Classification:K14, K23, K41
    THE CONSEQUENCES OF THE ADMISSION OF THE APPEAL IN THE INTEREST OF THE LAW NO. 3/2018 REGARDING THE ERROR MARGIN OF THE RADAR DEVICE
        Page 52
  • Kolë KRASNIQI
    Abstract:
    Kosovo and the region of the Balkans in general had always been areas where different cultures and the influences of major powers clashed. The influence of the Roman Catholic Church collided with that of the Byzantine Orthodox Church, Islam clashed with Christianity and the geostrategic interests of the East collided with those of the West. These cultural and religious clashes on the same territory as well as the impacts of the different geostrategic interests resulted over the course of the past centuries in the development of different competitive cultures and religions sometimes opposed to each other in Kosovo. Irrespectively of this religious and cultural diversity, the Kosovar people have not been treating these ideological divides as separations of the entire nation based on a religious basis. Rather, they have been cultivating feelings of harmony, tolerance and understanding with respect to members of other faiths. But unfortunately, the traditional model of harmony and interfaith tolerance that had existed in Kosovo for centuries has come more and more under attack in recent times.
    Keywords: Islamic terrorism, Islamic fundamentalism, Islamic extremism, Kosovo, Western Balkans.
    JEL Classification: H83, K33
    ISLAMIST EXTREMISM IN KOSOVO AND THE COUNTRIES OF THE REGION
        Page 60
  • Diana-Mihaela MALINCHE
    Abstract:
    The data presented in this study was collected by using the content analysis as a research method, starting from the theoretical and practical concepts of administrative law as well as from national legislative regulations adopted with the purpose of delimiting the notion of public office and perceiving the civil servant, through the specifics of the civil service, as a link between the public administration and the served community. The civil servant is the person legally and morally invested with the exercise of the competence of a public authority or institution as a result of the performance of a public office and the exercise of public authority. Starting from the specifics of the public function and the way in which the professional activity of the civil servants is regulated, in the content of this paper I will detail the types of responsibility that precede the public function. Violation of service duties by civil servants attract disciplinary, contraventional, civil or criminal liability, depending on the case. Therefore, the specificity of the deviations is precisely the fact that the deviations can occur during the exercise of the public function, in violation of the norms of conduct influencing the public image of the official, as well as any other actions related to the service relations of the civil servant. By the nature of the occupied position, the civil servant becomes an example of morality, legality and transparency for the members of the community.
    Keywords: civil servant, public office, disciplinary liability, contraventional liability, criminal liability.
    JEL Classification: K23
    THE LIABILITY OF PUBLIC SERVANTS
        Page 67
  • Ștefania Cristina MIRICĂ + Andreea Elena MATIC
    Abstract:
    The Registrar is a civil servant with special atributions regarding marriage and divorce. In Romania the registrars’ activity is established by Law no 119/1996 regarding the civil status documents with subsequent modifications and additions, Law no 189/1999 regarding the civil servant status with subsequent modifications and additions, the Civil Code, internal regulations of City Hall or Civil Status Service etc. In the present paper we aim to analyze the specific competences and deontological norms applicable to registrars in Romania on the occasion of marriage and the divorce by administrative procedure. If marriage procedure is an old, traditional attribution of registrars, its dissolution – the divorce through administrative procedure is a novelty as it has been recently established by our legislation. In our opinion the registrar’s activity regarding marriage and divorce has a special social importance due to the effects and implications of these events in the lives of the beneficiaries. There for, we consider that the main aspects of these attributions include not only the verification of the procedure and of the supporting documents submitted, but also the communication of the values and respect for family life to the persons involved
    Keywords: professional deontology, registrar, civil status documents, professional conduct, morality
    JEL Classification: H83, K36
    SPECIAL ATTRIBUTIONS AND DEONTOLOGICAL RULES OF REGISTRARS’ PROFESSIONAL ACTIVITY REGARDING MARRIAGE AND DIVORCE
        Page 72
  • Nicolae MĂRGĂRIT
    Abstract:
    This paper selectively analyzes aspects of civil, criminal and criminal liability of civil servants. The work is divided into sections, namely: introductory section, contravention of civil servants, civil liability of civil servants, criminal liability of civil servants, conclusions and bibliography. The forms of liability mentioned above operate in breach of the civil servants' duties. As far as the contraventional liability is concerned, the application of contravention sanctions for the civil servant is carried out in accordance with the provisions of the framework law, Government Ordinance no. 2/2001, and in the alternative the provisions of civil law. The civil liability of the civil servant is undertaken according to the Law no. 188/1999 and the criminal liability is committed according to the criminal law, the legal framework being included in the provisions of the Criminal Code and Law no. 188/1999.
    Keywords: civil servant, contraventional liability, civil liability, criminal liability
    JEL Classification:K14, K23, K42
    CONTRACTUAL, CIVIL AND CRIMINAL LIABILITY OF PUBLIC SERVANTS
        Page 80
  • Ovidiu-Horia MAICAN
    Abstract:
    The debate about federalism in Spain has experienced an extraordinary growth in relevance in recent years. Control over the bodies of Autonomous Communities shall be exercised by the Constitutional Court, in matters pertaining to the constitutionality of their regulatory provisions having the force of law, the Government, after the handing down by the Council of State of its opinion, the jurisdictional bodies of administrative litigation and the Court of Audit, regarding financial and budgetary matters.
    Keywords: federalism, Constitution, European Union, Spain
    JEL Classification:H77, K23, K33
    FEDERALISM IN SPAIN
        Page 87
  • Radu Ştefan PĂTRU
    Abstract:
    Collective bargaining is defined in art. 1 of the Law no. 62/2011 of the social dialogue as the negotiation between the employer or employers' organization and trade union organization or the representatives of the employees, as the case, which regulates the working relations between the two parties, as well as any other agreements on issues of common interest. Collective bargaining is therefore possible in both the private and the budgetary sectors, but due to the restrictions set by the law, collective bargaining in the budgetary sector is more restrictive. In the present study, we will analyze the aspects that characterize the collective bargaining within civil servants, especially by highlighting the issues that can be found on the collective bargaining list between civil servants and the state institutions and authorities.
    Keywords: civil servants, collective bargaining, collective agreements, particularities
    JEL Classification: K23
    PARTICULARITIES OF COLLECTIVE BARGAINING WITHIN CIVIL SERVANTS
        Page 91
  • Camelia Daciana STOIAN + Claudia BOGHICEVICI
    Abstract:
    The views expressed through the media institutions in order to draw an alarm signal on the draft Law on Vaccination, draw attention to contravention sanctions without enforcing the term "medical negligence" and without corroborating the definition here of the Law no. 272/2004 on the protection and promotion of the rights of the child (r) respectively with the consequences expressly provided in the methodology approved by the Government Decision no. 49/2011. In fact, medical neglect listed as part of the category of forms of violence that can be exerted on the child is alongside possible violation of child rights, criteria that can repercussions across the family, obviously under the condition of proving the potential causal link with the form of violence. This article seeks to raise awareness of the consequences of legal liability for parents when expressing the refusal to carry out compulsory vaccinations, how vaccinations can really affect their rights, and ultimately cause undesirable effects in the child's life, but also to discuss which is based on the existing case-law of the European Court of Human Rights, focusing on the recognition of the obligation of the medical act of vaccination as an interference with the right to respect for private life, and especially on the condition of proving necessary, appropriate and proportionate of the compulsory vaccination decision.
    Keywords: written refusal, mandatory vaccination, medical negligence, post-vaccine adverse effects.
    JEL Classification: K23, K32
    CONSEQUENCES OF LEGAL LIABILITY OF PARTIES IN CASE OF EXPRESSION OF REFUSAL OF REALIZATION OF THE MANDATORY VACCINATIONS
        Page 95
  • Aurel Octavian PASAT
    Abstract:
    The basic purpose of the present scientific research is the critical analysis of lawmaking updates concerning material object of the criminal offences sanctioned by articles 1991-1994 of the Criminal code of the Republic of Moldova. The systematical method, the comparative method, analysis and synthesis have been chosen. 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 means of 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.

    Keywords: cultural heritage; goods of cultural heritage; misappropriation of goods of cultural heritage; destruction of goods of cultural heritage.
    JEL Classification: H41, K14
    THE MATERIAL OBJECT OF THE CRIMINAL OFFENCES PROVIDED BY THE ARTICLES 1991-1994 OF THE CRIMINAL CODE OF THE REPUBLIC OF MOLDOVA: CRITICAL OBSERVATIONS AND PROPOSALS DE LEGE FERENDA
        Page 101
  • Anca Lelia LORINCZ + Tatiana OPREA
    Abstract:
    This present study treats some aspects regarding the exercise of public office, from the perspective of criminal law and criminal procedural law. The violation of criminal legal norms, including by civil servants, leads to the appearance of one right conflict, the solution of which presupposes to draw the criminal liability of the perpetrator, following the deployment of a whole of activities that are part of the criminal proceeding. Applying the sanction corresponding to the criminal norm violated presupposes so therefore a criminal trial, which is why is useful one analysis, from the perspective criminal procedural law, of some aspects which visa the criminal liability of the civil servants. So that starting with a little theoretical considerations regarding of the intimation ways of the criminal prosecution bodies, stipulated by law to be possible to begin a criminal trial, then this study continues with the approach, including by reference to aspects of judicial practice, of the conditions in which may be engaged the civil servant's criminal liability to committing the offense of omission of the referral.
    Keywords: referral, criminal trial, public servant, Criminal Code, Criminal Procedure Code
    JEL Classification:K14, K23
    OMISSION TO NOTIFY THE CRIMINAL INVESTIGATION BODIES IN THE EXERCISE OF THE PUBLIC FUNCTION
        Page 111

 




The Journal


ISSN 2601-7830  
ISSN–L 2601-7830 
ETHICS AND MALPRACTICE STATEMENT
Assumption of Liability Declaration

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