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Modalities and conditions of access to public office. Theoretical and practical landmarks
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ISBN: 978-606-28-1350-5
DOI: https://doi.org/10.5682/9786062813505
Publisher year: 2021
Edition: I
Pages: 246
Publisher: Editura Universitară
Author: Cristian Bitea
Product Code:
9786062813505
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The book deals with useful issues for both those interested in access to public office and civil servants in the process of developing their careers, but also for other categories of staff: dignitaries from the central public administration, local elected officials and contract staff.
Also, the research offers both theoretical and practical landmarks of the studied administrative phenomenon - establishing the ways and conditions of access to public office - and which has both a theoretical purpose: which proposes an identification and classification of ways and conditions of access, a comparing them by capturing common and differentiating elements, determining correlations, formulating definitions and outlining paradigms of activity of civil servants, in particular, and public administration staff in general, as well as a practical-applied one: the results of the study present a set of data, information and knowledge on legal and factual situations regarding access to public office. They are to provide the basis for critical analysis in order to substantiate the motivation and formulation of public policies for access to public office, as well as for remedial interventions in the sense of establishing or revising regulatory elements, through possible options opened by law ferenda to improve the framework. existing legislation.
The field of interest will give shape and expression to a new and specific fund of knowledge in the set of theories that accompany the study of public administration staff, subsumed by the research area of administrative sciences.
Also, the research offers both theoretical and practical landmarks of the studied administrative phenomenon - establishing the ways and conditions of access to public office - and which has both a theoretical purpose: which proposes an identification and classification of ways and conditions of access, a comparing them by capturing common and differentiating elements, determining correlations, formulating definitions and outlining paradigms of activity of civil servants, in particular, and public administration staff in general, as well as a practical-applied one: the results of the study present a set of data, information and knowledge on legal and factual situations regarding access to public office. They are to provide the basis for critical analysis in order to substantiate the motivation and formulation of public policies for access to public office, as well as for remedial interventions in the sense of establishing or revising regulatory elements, through possible options opened by law ferenda to improve the framework. existing legislation.
The field of interest will give shape and expression to a new and specific fund of knowledge in the set of theories that accompany the study of public administration staff, subsumed by the research area of administrative sciences.
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Modalities and conditions of access to public office. Theoretical and practical landmarks
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CRISTIAN BITEA
CHAPTER 1
INTRODUCTORY AND METHODOLOGICAL CONSIDERATIONS / 9
CHAPTER 2
PUBLIC ADMINISTRATION AND PUBLIC ADMINISTRATION / 21
2.1 Staff in the formal-organic and material-functional labyrinth of public administration / 21
2.2 Overview of the major categories of public administration staff / 24
2.2.1 Functions of public dignity / 25
2.2.2 Public functions / 29
2.2.3 Contractual functions / 36
2.3 Post-function relationship - person / 39
2.4 Special look at the access in the Romanian public administration, of some European citizens, foreign citizens and stateless persons, in the context of the free movement of workers within the European Union and of legal migration / 47
2.4.1 European citizens / 47
2.4.2 Foreigners / 56
2.4.3 Measures for integration and capitalization of certain rights / 61
CHAPTER 3
METHODS OF ACCESS IN THE PUBLIC SERVICE / 63
3.1 Classifications / 63
3.2 The competition / 64
3.2.1 Principles / 68
3.2.2 Advertising / 68
3.2.3 Conditions for participation / 70
3.2.4 Probele / 70
3.2.5 Bibliography, topics and subjects / 73
3.2.6 The competition commission and the commission for solving the appeals / 75
3.2.7 Access of persons with disabilities to the civil service / 84
3.2.8 Results / 85
3.2.9 Administrative act of appointment / 89
3.2.10 The oath of allegiance / 97
3.2.11 Institutional competence to organize competitions / 104
3.3 Exam / 106
3.4 Detachment / 109
3.5 Moving / 111
3.6 Mobility / 115
3.7 Temporary exercise / 121
3.8 The cumulation between secondment and temporary exercise / 123
3.9 Transfer / 124
3.10 Redistribution / 127
3.11 Changing the quality of the job / 131
3.12 Transformation of the civil service / 132
3.13 Access to a new vacant internal civil service in case of reorganization / 134
3.14 Provision of another vacant public office in case of reorganization / 135
3.15 Some particularities regarding the ways of accessing and exercising the service relationship / 136
3.15.1 Public positions held by election / 136
3.15.2 Public positions held by assignment / 136
3.15.3 Public positions held without competition, in exceptional situations / 137
3.15.4 Public positions held on the basis of criteria established by the person competent to make the appointment proposal / 137
3.15.5 Public positions exercised through multiple service relations / 138
3.15.6 Public functions exercised by delegation of attributions / 138
3.16 The right to career of civil servants in the reserve corps / 139
3.17 Objective institutional conditions for holding public office, in charge of the public authority or institution / 139
3.18 Non-discrimination, equal opportunities and gender equality / 140
CHAPTER 4
CONDITIONS OF ACCESS IN THE PUBLIC SERVICE / 146
4.1 Classifications / 146
4.2 Roman citizenship / 149
4.3 Domicile in Romania / 149
4.4 Romba romana / 151
4.5 Minimum age and full exercise capacity / 153
4.6 Medical and psychological fitness / 154
4.7 Lack of legal prohibitions / 155
4.8 Fulfillment of study conditions / 159
4.9 Fulfillment of the seniority conditions in the specialty of studies / 162
4.10 Fulfillment of the specific conditions, according to the job description, for the occupation of the public position / 165
4.10.1 Specific conditions regarding the specialty of studies / 165
4.10.2 Specific conditions regarding the specialized training and improvement / 170
4.10.3 The specific condition regarding the obtaining of an approval or authorizations provided by law / 174
4.10.4 Specific condition regarding language skills of communication in foreign languages / 175
4.10.5 Specific condition regarding communication skills in the language of the national minority / 176
4.10.6 Specific condition regarding competences in the field of information technology / 176
4.10.7 Specific conditions regarding physical performance / 177
4.10.8 Other specific secondary conditions / competencies / 178
4.11 Other conditions provided by law / 178
4.11.1 Conditions regarding the disciplinary situation / 179
4.11.2 Conditions regarding professional performance / 179
4.11.3 Conditions regarding moral probity, reputation and professional competence / 180
4.11.4 Conditions regarding the possession of a certain quality / 182
4.12 Some remarks on the job description / 183
4.13 Competence frameworks / 186
CHAPTER 5
CASE STUDY - PREFECTURAL FUNCTION OVER TIME. DIACRONIC APPROACH FROM THE PERSPECTIVE OF THE MODALITIES AND CONDITIONS OF ACCESS / 188
CHAPTER 6
FINAL CONSIDERATIONS AND CONCLUSIONS / 220
BIBLIOGRAPHY / 229
INTRODUCTORY AND METHODOLOGICAL CONSIDERATIONS / 9
CHAPTER 2
PUBLIC ADMINISTRATION AND PUBLIC ADMINISTRATION / 21
2.1 Staff in the formal-organic and material-functional labyrinth of public administration / 21
2.2 Overview of the major categories of public administration staff / 24
2.2.1 Functions of public dignity / 25
2.2.2 Public functions / 29
2.2.3 Contractual functions / 36
2.3 Post-function relationship - person / 39
2.4 Special look at the access in the Romanian public administration, of some European citizens, foreign citizens and stateless persons, in the context of the free movement of workers within the European Union and of legal migration / 47
2.4.1 European citizens / 47
2.4.2 Foreigners / 56
2.4.3 Measures for integration and capitalization of certain rights / 61
CHAPTER 3
METHODS OF ACCESS IN THE PUBLIC SERVICE / 63
3.1 Classifications / 63
3.2 The competition / 64
3.2.1 Principles / 68
3.2.2 Advertising / 68
3.2.3 Conditions for participation / 70
3.2.4 Probele / 70
3.2.5 Bibliography, topics and subjects / 73
3.2.6 The competition commission and the commission for solving the appeals / 75
3.2.7 Access of persons with disabilities to the civil service / 84
3.2.8 Results / 85
3.2.9 Administrative act of appointment / 89
3.2.10 The oath of allegiance / 97
3.2.11 Institutional competence to organize competitions / 104
3.3 Exam / 106
3.4 Detachment / 109
3.5 Moving / 111
3.6 Mobility / 115
3.7 Temporary exercise / 121
3.8 The cumulation between secondment and temporary exercise / 123
3.9 Transfer / 124
3.10 Redistribution / 127
3.11 Changing the quality of the job / 131
3.12 Transformation of the civil service / 132
3.13 Access to a new vacant internal civil service in case of reorganization / 134
3.14 Provision of another vacant public office in case of reorganization / 135
3.15 Some particularities regarding the ways of accessing and exercising the service relationship / 136
3.15.1 Public positions held by election / 136
3.15.2 Public positions held by assignment / 136
3.15.3 Public positions held without competition, in exceptional situations / 137
3.15.4 Public positions held on the basis of criteria established by the person competent to make the appointment proposal / 137
3.15.5 Public positions exercised through multiple service relations / 138
3.15.6 Public functions exercised by delegation of attributions / 138
3.16 The right to career of civil servants in the reserve corps / 139
3.17 Objective institutional conditions for holding public office, in charge of the public authority or institution / 139
3.18 Non-discrimination, equal opportunities and gender equality / 140
CHAPTER 4
CONDITIONS OF ACCESS IN THE PUBLIC SERVICE / 146
4.1 Classifications / 146
4.2 Roman citizenship / 149
4.3 Domicile in Romania / 149
4.4 Romba romana / 151
4.5 Minimum age and full exercise capacity / 153
4.6 Medical and psychological fitness / 154
4.7 Lack of legal prohibitions / 155
4.8 Fulfillment of study conditions / 159
4.9 Fulfillment of the seniority conditions in the specialty of studies / 162
4.10 Fulfillment of the specific conditions, according to the job description, for the occupation of the public position / 165
4.10.1 Specific conditions regarding the specialty of studies / 165
4.10.2 Specific conditions regarding the specialized training and improvement / 170
4.10.3 The specific condition regarding the obtaining of an approval or authorizations provided by law / 174
4.10.4 Specific condition regarding language skills of communication in foreign languages / 175
4.10.5 Specific condition regarding communication skills in the language of the national minority / 176
4.10.6 Specific condition regarding competences in the field of information technology / 176
4.10.7 Specific conditions regarding physical performance / 177
4.10.8 Other specific secondary conditions / competencies / 178
4.11 Other conditions provided by law / 178
4.11.1 Conditions regarding the disciplinary situation / 179
4.11.2 Conditions regarding professional performance / 179
4.11.3 Conditions regarding moral probity, reputation and professional competence / 180
4.11.4 Conditions regarding the possession of a certain quality / 182
4.12 Some remarks on the job description / 183
4.13 Competence frameworks / 186
CHAPTER 5
CASE STUDY - PREFECTURAL FUNCTION OVER TIME. DIACRONIC APPROACH FROM THE PERSPECTIVE OF THE MODALITIES AND CONDITIONS OF ACCESS / 188
CHAPTER 6
FINAL CONSIDERATIONS AND CONCLUSIONS / 220
BIBLIOGRAPHY / 229
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