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Administrative law studies - Maria Orlov
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Publisher: Editura Universitară
Author: Maria Orlov
Edition: I
Pages: 452
Publisher year: 2023
ISBN: 978-606-28-1612-4
DOI: https://doi.org/10.5682/9786062816124
Product Code:
9786062816124
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A number of more than seventy studies, selected from the many published in a period of twenty years, are included in the present work. Their author, Maria Orlov, university lecturer, President of the Institute of Administrative Sciences from the Republic of Moldova, presents her analyses, ideas and conclusions focused in the selected period on the rule of law, public administration, good governance - the management of goods, services and public works - as well as administrative justice.
The volume, which contains studies carried out as an author or first author in collaborations, reflects the tireless and enthusiastic activity of the author related to the elaboration, correction and improvement of the legislation of the Republic of Moldova in the field of administrative law. The analyzes of his reign are always based on the valuable principles that protect democracy and human rights from international law, French law and, sometimes, from Romanian law, in the branch of public law.
Elements of constitutional law, the organization and activity of the public administration, the right of local communities and local autonomy, decentralization, regional development policy, the function and public servant, administrative justice, reforms for the modernization of the administration of the Republic of Moldova and the Association Agreement between the European Union and the Republic of Moldova are benchmarks that define the scope of the author's scientific research interests. The content of the studies highlights the pure and honest intention to make available to those who legislate or apply the rules of administrative law viable and correct principles and solutions in the current European democracy, for an adequate protection of those administered, for good governance. "Democracy is not decreed, it is conquered" highlights the author, emphasizing that each society has its own vision of freedom, its social profile and its own aspirations, politics not being an exact science. If the mechanisms available to citizens are not clear, if they do not know how to give maximum effect to democratic institutions and do not fulfill their duties in the democratic game, the premise is created of a crisis of confidence of the population that erodes the representative capacity of the state. At the base of the conclusions regarding public administration reform is the idea that public administration is one of the main mechanisms through which the connection between the state, civil society and the private sector is realized, and the promotion of public administration reform is a way to achieve higher level development objectives, such as economic development, poverty reduction and ensuring political stability. The collaboration between the public administration and the private environment through administrative contracts, concession contracts, public procurement contracts, public-private partnerships are pioneering fields of scientific research in the field of legislation of the Republic of Moldova after 1990, the results of the author's research highlighting the importance and necessity of developing a unitary national theories regarding administrative acts in the Republic of Moldova, aligned with the European coordinates in the field. The evolution of administrative litigation in the legislation of the Republic of Moldova is a sensitive point, through her studies the author highlights the benchmarks and correct principles that should govern this field, the need for specialized courts, the training of magistrates and the levers that citizens should be able to benefit from to defend their rights them in a real democracy.
The European vision, the current information, the vast area of the problem addressed and the high scientific level of the analysis, the concrete solutions offered to the identified problems recommend this volume to all those interested in public administration and good governance.
Univ. Assoc. Dr. Elena‑Mihaela FODOR,
Member of: European Law Institute, and,
Institute International de Droit d'Expression et d'Inspiration Française
The volume, which contains studies carried out as an author or first author in collaborations, reflects the tireless and enthusiastic activity of the author related to the elaboration, correction and improvement of the legislation of the Republic of Moldova in the field of administrative law. The analyzes of his reign are always based on the valuable principles that protect democracy and human rights from international law, French law and, sometimes, from Romanian law, in the branch of public law.
Elements of constitutional law, the organization and activity of the public administration, the right of local communities and local autonomy, decentralization, regional development policy, the function and public servant, administrative justice, reforms for the modernization of the administration of the Republic of Moldova and the Association Agreement between the European Union and the Republic of Moldova are benchmarks that define the scope of the author's scientific research interests. The content of the studies highlights the pure and honest intention to make available to those who legislate or apply the rules of administrative law viable and correct principles and solutions in the current European democracy, for an adequate protection of those administered, for good governance. "Democracy is not decreed, it is conquered" highlights the author, emphasizing that each society has its own vision of freedom, its social profile and its own aspirations, politics not being an exact science. If the mechanisms available to citizens are not clear, if they do not know how to give maximum effect to democratic institutions and do not fulfill their duties in the democratic game, the premise is created of a crisis of confidence of the population that erodes the representative capacity of the state. At the base of the conclusions regarding public administration reform is the idea that public administration is one of the main mechanisms through which the connection between the state, civil society and the private sector is realized, and the promotion of public administration reform is a way to achieve higher level development objectives, such as economic development, poverty reduction and ensuring political stability. The collaboration between the public administration and the private environment through administrative contracts, concession contracts, public procurement contracts, public-private partnerships are pioneering fields of scientific research in the field of legislation of the Republic of Moldova after 1990, the results of the author's research highlighting the importance and necessity of developing a unitary national theories regarding administrative acts in the Republic of Moldova, aligned with the European coordinates in the field. The evolution of administrative litigation in the legislation of the Republic of Moldova is a sensitive point, through her studies the author highlights the benchmarks and correct principles that should govern this field, the need for specialized courts, the training of magistrates and the levers that citizens should be able to benefit from to defend their rights them in a real democracy.
The European vision, the current information, the vast area of the problem addressed and the high scientific level of the analysis, the concrete solutions offered to the identified problems recommend this volume to all those interested in public administration and good governance.
Univ. Assoc. Dr. Elena‑Mihaela FODOR,
Member of: European Law Institute, and,
Institute International de Droit d'Expression et d'Inspiration Française
-
Administrative law studies
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Dr. Maria ORLOV, university lecturer, was born on January 26, 1956, in the North of Bessarabia, in the village of Sirauti (Lower Sirauti of the former Hotin county), she chose to serve justice and toil in the field of public law, graduating from the Faculty of Law of the University of State from Moldova, in 1983, and the doctorate in public law at "Babes Bolyai" University in Cluj-Napoca, in 1996, under the guidance of the illustrious University Professor, nicknamed the Patriarch of Romanian public law science, Tudor DRAGANU. As a goal for his future professional career, he became a teacher, in 1991, at the "Stefan cel Mare" National Police Academy, under the guidance of the renowned university professor of administrative law, Tudor ROSCA.
He implements the results of the dissertation in full, being one of the authors of the text of the Administrative Litigation Law (no. 793/2000), by which, in the Republic of Moldova, Administrative Justice was established, in the spirit of the Romanian tradition. In order to promote this Law, he harmoniously combines the didactic activity with that of a lawyer, defends, free of charge, the rights of the person injured by a public authority, and transmits the judicial practice to students and practitioners through his publications.
As the Founder and President of the Public Association "Institute of Administrative Sciences of the Republic of Moldova" (ISAM), he organizes scientific communication sessions (international conferences) attended by representatives of the academic environment, administration practitioners, magistrates, jurists, both from the country , as well as from abroad. He coordinates the editing of the "Scientific Notebook" of ISAM.
He represents the Republic of Moldova with dedication and professionalism within the European Network OLA (Observatory on Local Autonomy), led by Prof. Dr. Stephane GUERARD from Lille 2 University in France. He is a member of the Institute of Administrative Sciences "Paul Negulescu" and of the Academic Society of Administrative Sciences in Romania which, in 2013, awarded him the "Anibal Teodorescu" Excellence Award - "for outstanding activity in the national and international promotion of legal sciences and Romanian administrative".
He implements the results of the dissertation in full, being one of the authors of the text of the Administrative Litigation Law (no. 793/2000), by which, in the Republic of Moldova, Administrative Justice was established, in the spirit of the Romanian tradition. In order to promote this Law, he harmoniously combines the didactic activity with that of a lawyer, defends, free of charge, the rights of the person injured by a public authority, and transmits the judicial practice to students and practitioners through his publications.
As the Founder and President of the Public Association "Institute of Administrative Sciences of the Republic of Moldova" (ISAM), he organizes scientific communication sessions (international conferences) attended by representatives of the academic environment, administration practitioners, magistrates, jurists, both from the country , as well as from abroad. He coordinates the editing of the "Scientific Notebook" of ISAM.
He represents the Republic of Moldova with dedication and professionalism within the European Network OLA (Observatory on Local Autonomy), led by Prof. Dr. Stephane GUERARD from Lille 2 University in France. He is a member of the Institute of Administrative Sciences "Paul Negulescu" and of the Academic Society of Administrative Sciences in Romania which, in 2013, awarded him the "Anibal Teodorescu" Excellence Award - "for outstanding activity in the national and international promotion of legal sciences and Romanian administrative".
Foreword
Maria ORLOV / / 11
Introduction
Elena‑Mihaela FODOR / 12
A book of "gems"
Verginia VEDINAS / 13
A life dedicated to a passion: administrative law. Reflections on the contribution of Mrs. Maria Orlov
Radu CARP / 17
Presentation de l'ouvrage by Maria Orlov
Stephane GUERARD / 19
Maria Orlov, a complex personality of the academic environment
Emil BALAN / 21
PART I THE RULE OF LAW
Aspects of the university activity of the Professor of Public Law, Gheorghe Alexianu, from the Faculty of Law in Chernivtsi, before and after the start of the war
Serban ALEXIANU, Maria ORLOV / 23
Romanian identity, major factor between the Republic of Moldova and Romania / Romanian identity, major factor between the Republic of Moldova and Romania
Maria ORLOV, Maria URECHE / 32
State forms and forms of government. Their constitutional consecration
Maria ORLOV, Roman STARSCIUC / 37
L'impact des reformes territoriales sur la forme des états européens (L'expérience de la République de Moldavie) / Impact of land reforms on the form of European states (The experience of the Republic of Moldova) in European countries (Experience of the Republic of Moldova)
Maria ORLOV, Eugenia BUSMACHIU / 44
The impact of EU federalist tendencies on member and candidate states
Maria ORLOV, Ioana Alexandra MOCANU / 49
Federalism and democracy. Étude sur l'impacte des structures fédératives sur l'équilibre des pouvoirs / Federalism and democracy. Study on the impact of federative structures on the balance of power
Maria ORLOV, Ioana Alexandra MOCANU / 54
The unitary character of the state - a dilemma between the provisions of the Constitution of the Republic of Moldova and Transnistrian separatism
Maria ORLOV, Lucia LEONTIEV / 60
Atomized democracy in the 21st century: crisis of state representativeness / Atomized democracy in the 21st century: crisis of state representativeness
Maria ORLOV, Ioana Alexandra ORLOV / 66
The electoral system of the Republic of Moldova - guarantor of representative democracy or generator of political and social crises? / The electoral system of the Republic of Moldavia – guarantor of representative democracy or generator of crises politiques et sociales?
Maria ORLOV, Vlad CANTIR / 71
Role of civil society in strengthening statehood and democracy
Maria ORLOV, Roman STARSCIUC / 76
The imperative and binding character of public law norms / Le caractère imperatif et obligatoire des norms de droit public
Maria ORLOV, Vlad CANTIR / 81
Some thoughts about the agreement between constitutional norms and will of society for whom these are adopted
Maria ORLOV / 87
Compliance with the principles of the state of law in the Republic of Moldova
Maria ORLOV, Marina GROSU / 92
Constitutional reform in the Republic of Moldova. Its impact on good governance
Maria ORLOV / 98
Republic of Moldova in 2019
Maria ORLOV / 102
Republic of Moldova in 2018 / Moldova 2018
Maria ORLOV, Gabriela CONDURACHE / 110
Republic of Moldova in 2016-2017 / Moldova in 2016-2017
Maria ORLOV, Gabriela CONDURACHE / 117
Moldova 2015 / Republic of Moldova in 2015
Maria ORLOV, Gabriela CONDURACHE / 125
Republic of Moldova in 2014 / Moldova 2014
Maria ORLOV, Gabriela CONDURACHE / 130
The impact of constitutional jurisdiction on the study of constitutional law / L'incidence de l'action des juridictions constitutionnelles sur l'enseignement du droit constitutionnel
Maria ORLOV / 135
Legal education
Maria ORLOV / 140
Ensuring the right of Moldovan children to be raised and educated in the family: legislative and practical issues / Ensuring the right of Moldovan children to be raised and educated in the family: legislative and practical issues
Mariana IANACHEVICI, Maria ORLOV / 146
The social risk of the attacks on the automated informational system
Maria ORLOV, Vasile CONSTANTINOV / 152
PART II PUBLIC ADMINISTRATION
Public administration / Public administration
Maria ORLOV / 158
Public administration in multi-ethnic countries
Maria ORLOV / 164
The perspectives of revision, adjustment, simplification and systematization of legal norms in the field of public administration
Maria ORLOV / 168
Simplifying and systematizing the law of local collectivities in the Republic of Moldova / Simplifying and systematizing local collectivities law in the Republic of Moldova
Maria ORLOV, Natalia SAITARLI / 174
Modernization of the central public administration in the Republic of Moldova in the context of European integration
Maria ORLOV, Victoria GHEREG / 180
Some reflections on the reforms provided for in the Association Agreement between the European Union and the Republic of Moldova
Maria ORLOV / 187
Synergy of reforms and modernization of governance in the Republic of Moldova / Synergy of reforms for modernization of governance in the Republic of Moldova
Maria ORLOV / 192
Regional development policy for a balanced local development
Oxana PAIERELE, Maria ORLOV / 198
The evolution of local government in the Republic of Moldova in the last two decades
Maria ORLOV, Stefan BELECCIU / 206
The theory of public function and the status of the civil servant in modern government
Maria ORLOV / 213
The status of the civil servant and other categories of personnel from the local public administration in the Republic of Moldova
Maria ORLOV / 217
The development of local autonomy in the context of the Constitution of the Republic of Moldova
Maria ORLOV / 223
Theoretical and Practical Aspects Regarding the Limits of Decentralization Based on the Experience in the Republic of Moldova
Maria ORLOV / 227
Le cadre juridique de la decentralization administrative – aspects comparatifs / The legal framework of administrative decentralization – comparative aspects
Maria ORLOV, Brice Arsene MANKOU / 232
PART III GOOD GOVERNANCE. MANAGEMENT OF GOODS, SERVICES AND PUBLIC WORKS
Efficiency, responsibility, professionalism - fundamental pillars of good governance
Maria ORLOV / 238
La formation et la carrière des fonctionnaires publics de la Roumanie et de la République de Moldavie / Professional training and career of public officials from Romania and the Republic of Moldova
Verginia VEDINAS, Maria ORLOV, Vlad CANTIR / 242
The Operating Principles of Public Service / The Operating Principles of Public Service
Maria ORLOV, Vlad CANTIR / 252
Intercommunity Cooperation and Ensuring Good Governance in the European Area / Intercommunity Cooperation and Ensuring Good Governance in the European Area
Maria ORLOV, Liliana BELECCIU / 256
Intercommunality in the rural environment of the Republic of Moldova / Rural Inter‑Communal Cooperation in the Republic of Moldova / L'intercommunalité dans le milieu rural en Moldavie
Maria ORLOV, Crina – Mihaela VERGA / 262
Democratic changes in the activity of local public authorities in the Republic of Moldova. Intermunicipality versus the local action group / Les mutations démocratiques de l'action publique locale en Moldavie. L'intercommunalité versus le groupe d'action locale
Maria ORLOV, Martine ZEJGMAN / 268
Administrative contract
Maria ORLOV / 274
Public procurement contract - a category of administrative contracts
Maria ORLOV, Eduard DEMCIUC / 277
Theoretical and practical aspects on concession institution in the Republic of Moldova / Theoretical and practical aspects on concession institution in the Republic of Moldova
Maria ORLOV, Liliana BELECCIU / 285
Certain aspects on legal regime of the public domain's property in the legislation and practice of the Republic of Moldova / Certain aspects on legal regime of the public domain's property in the legislation and practice of the Republic of Moldova
Maria ORLOV, Liliana BELECCIU / 290
Public-private partnership in reforming public services of special interest / Public-private partnership in reforming public services of special interest
Maria ORLOV, Svetlana DOGOTARU / 295
Legal regulation and the perspective of the development of the public-private partnership in the Republic of Moldova / Legal regulation and the perspective of the development of the public-private partnership in the Republic of Moldova
Maria ORLOV, Marina GROSU / 303
The normative regulatory framework and the prospects for the development of the public-private partnership in the sphere of intellectual property
Maria ORLOV / 311
The system of public procurement in the Republic of Moldova in the context of E-Government
Maria ORLOV, Ion BUZINSCHI / 316
The awarding of public procurement contracts in the medical system of the Republic of Moldova
Maria ORLOV, Marina GROSU, Eugenia GUGULAN / 327
Marché de travail entre protectionnisme sous pression de la crise économique et globalization: Une approche comparativé entre la République de Moldova et la Roumanie / The labor market between protectionism, under the pressure of the economic crisis, and globalization: a comparative approach between the Republic of Moldova and Romania
Maria ORLOV, Ioana Alexandra ORLOV / 332
PART IV ADMINISTRATIVE JUSTICE
La responsabilité de l'Administration Publique - comparative regard entre la Roumanie et la République de Moldavie / Public administration responsibility - comparative aspects between Romania and the Republic of Moldova
Maria ORLOV, Gabriela CONDURACHE / 341
The necessity and importance of ensuring legality in public administration
Maria ORLOV / 350
Means of ensuring legality in the public administration of the Republic of Moldova / Moyens de Garantir la Légalité dans L'administration Publique de la République de Moldavie
Maria ORLOV / 358
The control of the legality of administrative acts, regulated under the law of the Republic of Moldova / The control of the legality of administrative acts, regulated under law of the Republic of Moldova
Maria ORLOV, Stefan BELECCIU / 364
The relationship between the judiciary and administrative litigation / Le rapport entre le pouvoir judiciaire et le contentieux administratif
Maria ORLOV, Loredana VILCU NISAND / 371
Countering abuses in public administration
Maria ORLOV / 376
The right of the person injured by a public authority
Maria ORLOV / 383
Administrative-property liability - a new form of liability in Administrative Law
Maria ORLOV / 386
The responsibility of the administration for damages caused to the individual
Maria ORLOV / 389
Reflections on the examination procedure of administrative disputes in the Republic of Moldova
Maria ORLOV / 393
Principles and procedural elements of administrative justice
Maria ORLOV / 400
Considerations regarding the legal regulation of parties in administrative litigation from the Republic of Moldova
Maria ORLOV / 405
Reflections on the possibility of codification of administrative law
Maria ORLOV / 413
Codification of administrative law in the Republic of Moldova
Maria ORLOV / 417
Codification of administrative litigation / La codification du contentieux administratif
Maria ORLOV / 425
The administrative justice completely withdrawn in the Republic of Moldova
Maria ORLOV, Marina GROSU / 429
Valorization of the science of administration in the governmental process of the Republic of Moldova
Maria ORLOV / 438
The administrative code of the Republic of Moldova - a creation of the legislator from the "captured state" period
Maria ORLOV / 445
Maria ORLOV / / 11
Introduction
Elena‑Mihaela FODOR / 12
A book of "gems"
Verginia VEDINAS / 13
A life dedicated to a passion: administrative law. Reflections on the contribution of Mrs. Maria Orlov
Radu CARP / 17
Presentation de l'ouvrage by Maria Orlov
Stephane GUERARD / 19
Maria Orlov, a complex personality of the academic environment
Emil BALAN / 21
PART I THE RULE OF LAW
Aspects of the university activity of the Professor of Public Law, Gheorghe Alexianu, from the Faculty of Law in Chernivtsi, before and after the start of the war
Serban ALEXIANU, Maria ORLOV / 23
Romanian identity, major factor between the Republic of Moldova and Romania / Romanian identity, major factor between the Republic of Moldova and Romania
Maria ORLOV, Maria URECHE / 32
State forms and forms of government. Their constitutional consecration
Maria ORLOV, Roman STARSCIUC / 37
L'impact des reformes territoriales sur la forme des états européens (L'expérience de la République de Moldavie) / Impact of land reforms on the form of European states (The experience of the Republic of Moldova) in European countries (Experience of the Republic of Moldova)
Maria ORLOV, Eugenia BUSMACHIU / 44
The impact of EU federalist tendencies on member and candidate states
Maria ORLOV, Ioana Alexandra MOCANU / 49
Federalism and democracy. Étude sur l'impacte des structures fédératives sur l'équilibre des pouvoirs / Federalism and democracy. Study on the impact of federative structures on the balance of power
Maria ORLOV, Ioana Alexandra MOCANU / 54
The unitary character of the state - a dilemma between the provisions of the Constitution of the Republic of Moldova and Transnistrian separatism
Maria ORLOV, Lucia LEONTIEV / 60
Atomized democracy in the 21st century: crisis of state representativeness / Atomized democracy in the 21st century: crisis of state representativeness
Maria ORLOV, Ioana Alexandra ORLOV / 66
The electoral system of the Republic of Moldova - guarantor of representative democracy or generator of political and social crises? / The electoral system of the Republic of Moldavia – guarantor of representative democracy or generator of crises politiques et sociales?
Maria ORLOV, Vlad CANTIR / 71
Role of civil society in strengthening statehood and democracy
Maria ORLOV, Roman STARSCIUC / 76
The imperative and binding character of public law norms / Le caractère imperatif et obligatoire des norms de droit public
Maria ORLOV, Vlad CANTIR / 81
Some thoughts about the agreement between constitutional norms and will of society for whom these are adopted
Maria ORLOV / 87
Compliance with the principles of the state of law in the Republic of Moldova
Maria ORLOV, Marina GROSU / 92
Constitutional reform in the Republic of Moldova. Its impact on good governance
Maria ORLOV / 98
Republic of Moldova in 2019
Maria ORLOV / 102
Republic of Moldova in 2018 / Moldova 2018
Maria ORLOV, Gabriela CONDURACHE / 110
Republic of Moldova in 2016-2017 / Moldova in 2016-2017
Maria ORLOV, Gabriela CONDURACHE / 117
Moldova 2015 / Republic of Moldova in 2015
Maria ORLOV, Gabriela CONDURACHE / 125
Republic of Moldova in 2014 / Moldova 2014
Maria ORLOV, Gabriela CONDURACHE / 130
The impact of constitutional jurisdiction on the study of constitutional law / L'incidence de l'action des juridictions constitutionnelles sur l'enseignement du droit constitutionnel
Maria ORLOV / 135
Legal education
Maria ORLOV / 140
Ensuring the right of Moldovan children to be raised and educated in the family: legislative and practical issues / Ensuring the right of Moldovan children to be raised and educated in the family: legislative and practical issues
Mariana IANACHEVICI, Maria ORLOV / 146
The social risk of the attacks on the automated informational system
Maria ORLOV, Vasile CONSTANTINOV / 152
PART II PUBLIC ADMINISTRATION
Public administration / Public administration
Maria ORLOV / 158
Public administration in multi-ethnic countries
Maria ORLOV / 164
The perspectives of revision, adjustment, simplification and systematization of legal norms in the field of public administration
Maria ORLOV / 168
Simplifying and systematizing the law of local collectivities in the Republic of Moldova / Simplifying and systematizing local collectivities law in the Republic of Moldova
Maria ORLOV, Natalia SAITARLI / 174
Modernization of the central public administration in the Republic of Moldova in the context of European integration
Maria ORLOV, Victoria GHEREG / 180
Some reflections on the reforms provided for in the Association Agreement between the European Union and the Republic of Moldova
Maria ORLOV / 187
Synergy of reforms and modernization of governance in the Republic of Moldova / Synergy of reforms for modernization of governance in the Republic of Moldova
Maria ORLOV / 192
Regional development policy for a balanced local development
Oxana PAIERELE, Maria ORLOV / 198
The evolution of local government in the Republic of Moldova in the last two decades
Maria ORLOV, Stefan BELECCIU / 206
The theory of public function and the status of the civil servant in modern government
Maria ORLOV / 213
The status of the civil servant and other categories of personnel from the local public administration in the Republic of Moldova
Maria ORLOV / 217
The development of local autonomy in the context of the Constitution of the Republic of Moldova
Maria ORLOV / 223
Theoretical and Practical Aspects Regarding the Limits of Decentralization Based on the Experience in the Republic of Moldova
Maria ORLOV / 227
Le cadre juridique de la decentralization administrative – aspects comparatifs / The legal framework of administrative decentralization – comparative aspects
Maria ORLOV, Brice Arsene MANKOU / 232
PART III GOOD GOVERNANCE. MANAGEMENT OF GOODS, SERVICES AND PUBLIC WORKS
Efficiency, responsibility, professionalism - fundamental pillars of good governance
Maria ORLOV / 238
La formation et la carrière des fonctionnaires publics de la Roumanie et de la République de Moldavie / Professional training and career of public officials from Romania and the Republic of Moldova
Verginia VEDINAS, Maria ORLOV, Vlad CANTIR / 242
The Operating Principles of Public Service / The Operating Principles of Public Service
Maria ORLOV, Vlad CANTIR / 252
Intercommunity Cooperation and Ensuring Good Governance in the European Area / Intercommunity Cooperation and Ensuring Good Governance in the European Area
Maria ORLOV, Liliana BELECCIU / 256
Intercommunality in the rural environment of the Republic of Moldova / Rural Inter‑Communal Cooperation in the Republic of Moldova / L'intercommunalité dans le milieu rural en Moldavie
Maria ORLOV, Crina – Mihaela VERGA / 262
Democratic changes in the activity of local public authorities in the Republic of Moldova. Intermunicipality versus the local action group / Les mutations démocratiques de l'action publique locale en Moldavie. L'intercommunalité versus le groupe d'action locale
Maria ORLOV, Martine ZEJGMAN / 268
Administrative contract
Maria ORLOV / 274
Public procurement contract - a category of administrative contracts
Maria ORLOV, Eduard DEMCIUC / 277
Theoretical and practical aspects on concession institution in the Republic of Moldova / Theoretical and practical aspects on concession institution in the Republic of Moldova
Maria ORLOV, Liliana BELECCIU / 285
Certain aspects on legal regime of the public domain's property in the legislation and practice of the Republic of Moldova / Certain aspects on legal regime of the public domain's property in the legislation and practice of the Republic of Moldova
Maria ORLOV, Liliana BELECCIU / 290
Public-private partnership in reforming public services of special interest / Public-private partnership in reforming public services of special interest
Maria ORLOV, Svetlana DOGOTARU / 295
Legal regulation and the perspective of the development of the public-private partnership in the Republic of Moldova / Legal regulation and the perspective of the development of the public-private partnership in the Republic of Moldova
Maria ORLOV, Marina GROSU / 303
The normative regulatory framework and the prospects for the development of the public-private partnership in the sphere of intellectual property
Maria ORLOV / 311
The system of public procurement in the Republic of Moldova in the context of E-Government
Maria ORLOV, Ion BUZINSCHI / 316
The awarding of public procurement contracts in the medical system of the Republic of Moldova
Maria ORLOV, Marina GROSU, Eugenia GUGULAN / 327
Marché de travail entre protectionnisme sous pression de la crise économique et globalization: Une approche comparativé entre la République de Moldova et la Roumanie / The labor market between protectionism, under the pressure of the economic crisis, and globalization: a comparative approach between the Republic of Moldova and Romania
Maria ORLOV, Ioana Alexandra ORLOV / 332
PART IV ADMINISTRATIVE JUSTICE
La responsabilité de l'Administration Publique - comparative regard entre la Roumanie et la République de Moldavie / Public administration responsibility - comparative aspects between Romania and the Republic of Moldova
Maria ORLOV, Gabriela CONDURACHE / 341
The necessity and importance of ensuring legality in public administration
Maria ORLOV / 350
Means of ensuring legality in the public administration of the Republic of Moldova / Moyens de Garantir la Légalité dans L'administration Publique de la République de Moldavie
Maria ORLOV / 358
The control of the legality of administrative acts, regulated under the law of the Republic of Moldova / The control of the legality of administrative acts, regulated under law of the Republic of Moldova
Maria ORLOV, Stefan BELECCIU / 364
The relationship between the judiciary and administrative litigation / Le rapport entre le pouvoir judiciaire et le contentieux administratif
Maria ORLOV, Loredana VILCU NISAND / 371
Countering abuses in public administration
Maria ORLOV / 376
The right of the person injured by a public authority
Maria ORLOV / 383
Administrative-property liability - a new form of liability in Administrative Law
Maria ORLOV / 386
The responsibility of the administration for damages caused to the individual
Maria ORLOV / 389
Reflections on the examination procedure of administrative disputes in the Republic of Moldova
Maria ORLOV / 393
Principles and procedural elements of administrative justice
Maria ORLOV / 400
Considerations regarding the legal regulation of parties in administrative litigation from the Republic of Moldova
Maria ORLOV / 405
Reflections on the possibility of codification of administrative law
Maria ORLOV / 413
Codification of administrative law in the Republic of Moldova
Maria ORLOV / 417
Codification of administrative litigation / La codification du contentieux administratif
Maria ORLOV / 425
The administrative justice completely withdrawn in the Republic of Moldova
Maria ORLOV, Marina GROSU / 429
Valorization of the science of administration in the governmental process of the Republic of Moldova
Maria ORLOV / 438
The administrative code of the Republic of Moldova - a creation of the legislator from the "captured state" period
Maria ORLOV / 445
The frequent changes in the legislation, which regulates the organization and operation of the public administration and the services for which it is responsible, require a permanent revision and re-editing of the Administrative Law Courses/Treaties. Often, however, students are inspired by older courses and refer to abrogated legal norms, without realizing this and without making a comparative analysis with the legal norms in force in the given field. This volume does not come to replace the university course but to supplement it, because it includes some of the most important legal institutions of administrative law.
I have gathered in this collection a good part of the articles published in the last twenty years, in order to reveal how confusing and contradictory the administrative legislation was, which was meant to ensure the realization of the modernization reforms of the public administration in the Republic of Moldova. As a consequence, the country is in a continuous process of "reforms" without results, including the fault of the legislator who, by amending the administrative legislation, intended to abolish democratic legal institutions of administrative law, recently established, such as, for example, the repeal Administrative litigation law no. 793/2000.
We based our criticisms of some normative acts, as well as the proposals for modernization of the legislation in the field of public administration, through the need to adopt some regulations imposed by the new social relations. At the same time, I emphasized that the review of administrative legislation and the adoption of new laws must be in strict accordance with constitutional norms and the principles of the rule of law.
Some articles included in the volume were developed in co-authorship with distinguished colleagues from the guild (prof. Verginia Vedinas, Brice Arsene Mankou, Stefan Belecciu, Crina-Mihaela Verga, Vlad Cantir, Gabriela Condurache, Martine Zejgman, s.a.) or with my former PhD students who became teaching staff, in turn (Liliana Belecciu, Vasile Constantinov, Natalia Saitarli, Roman Starasciuc, Eduard Demciuc, Victoria Ghereg, Mariana Ianachevici, Marina Grosu, s.a.). As the author and coordinator, I thank everyone for their contributions and I hope that the volume will be a useful tool, both for students and for other enthusiasts of administrative law.
Univ. Assoc. Dr. Maria ORLOV
President of the Institute of Administrative Sciences from the Republic of Moldova
https://orlovprojects.com/category/maria-orlov-isam/
Member of the OLA Network – Europe (Observatory on Local Autonomy)
https://ola-europe.univ-lille.fr/equipes-ola/reseaux-europeens
I have gathered in this collection a good part of the articles published in the last twenty years, in order to reveal how confusing and contradictory the administrative legislation was, which was meant to ensure the realization of the modernization reforms of the public administration in the Republic of Moldova. As a consequence, the country is in a continuous process of "reforms" without results, including the fault of the legislator who, by amending the administrative legislation, intended to abolish democratic legal institutions of administrative law, recently established, such as, for example, the repeal Administrative litigation law no. 793/2000.
We based our criticisms of some normative acts, as well as the proposals for modernization of the legislation in the field of public administration, through the need to adopt some regulations imposed by the new social relations. At the same time, I emphasized that the review of administrative legislation and the adoption of new laws must be in strict accordance with constitutional norms and the principles of the rule of law.
Some articles included in the volume were developed in co-authorship with distinguished colleagues from the guild (prof. Verginia Vedinas, Brice Arsene Mankou, Stefan Belecciu, Crina-Mihaela Verga, Vlad Cantir, Gabriela Condurache, Martine Zejgman, s.a.) or with my former PhD students who became teaching staff, in turn (Liliana Belecciu, Vasile Constantinov, Natalia Saitarli, Roman Starasciuc, Eduard Demciuc, Victoria Ghereg, Mariana Ianachevici, Marina Grosu, s.a.). As the author and coordinator, I thank everyone for their contributions and I hope that the volume will be a useful tool, both for students and for other enthusiasts of administrative law.
Univ. Assoc. Dr. Maria ORLOV
President of the Institute of Administrative Sciences from the Republic of Moldova
https://orlovprojects.com/category/maria-orlov-isam/
Member of the OLA Network – Europe (Observatory on Local Autonomy)
https://ola-europe.univ-lille.fr/equipes-ola/reseaux-europeens
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