CONSIDERATIONS ON THE NECESSITY OF USING THE CONCEPT OF PUBLIC ADMINISTRATION IN THE CONSTITUTIONAL FOUNDATION OF PUBLIC ADMINISTRATION IN THE FUTURE CONSTITUTION
DOI:
https://doi.org/10.15837/aijjs.v7i3.671Keywords:
public institution, public authority, public administration, Constitution, legislative, clarity and coherenceAbstract
AbstractBeginning with the current social reality which described political actors preoccupied
with the review of the Romanian Constitution, the present paper outlines the idea that the new
Romanian Constitution has to offer, more than ever, the foundation for a clear, precise,
coherent and concise legislation. This necessity is felt in all the areas related to the social life,
but especially in public administration. Given that it is the moment for debates at the level of
the society regarding how the future Constitution must look like, it has been asserted as
appropriate to recall into discussion an idea stated since 2003 at monograph level. According
to this idea, in the activity of molding the system of structures exerting public power
prerogatives in general and molding the Romanian administrative system in particular, it is
necessary and useful to use the concept of public institution as construction element used to
craft the architecture the legislator desires. The proposal is argued as a critical analysis of
reference regulations in this area. Proposals for lege ferenda are also made.
References
Alina Livia Nicu, Instituţia publică în dreptul administrativ, “Universitaria†Publishing House, Craiova, 2003.
V. I. Prisacaru, Actele şi faptele de drept administrativ, “Lumina Lex†Publishing House, Bucharest, 2001;
A. Iorgovan, Tratat de drept administrativ, 2nd volume, “Nemira†Publishing House, Bucharest, 1996;
A. Negoita, Drept administrativ, Sylvi Publishing House, Bucharest, 1996;
C. Debbasch, Institutions administratives, 3e édition, Librairie générale de droit et de jurisprudence, Paris, 1975;
H. Puget, Les institutions administratives étrangères, Dalloz, Paris, 1969;
Jean-Marie Auby, R. Ducos-Adèr, Institutions administratives, Dalloz, Paris, 1966;
DEX, “Universul Enciclopedic†Publishing House, Bucharest.
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Published
2013-09-30
Issue
Section
Section I. Juridical Sciences
