Tracking orders Individuals / Sales:0745 200 718 / 0745 200 357 Orders Legal entities: 0721 722 783

Editura Universitara Administrative court

-7%
30,00 Lei 27,90 Lei

ISBN: 978-606-591-125-3

Publisher year: 2011

Edition: I

Pages: 304

Publisher: Editura Universitara

Author: Constanţa Călinoiu, Gabriel Moinescu

In stock
Stock limit
Add to cart
Product Code: 9786065911253 Do you need help? 0745 200 718 / 0745 200 357
Add to wishlist Request information
  • Description
  • Download (1)
  • Authors
  • Content
  • More details
  • Where to find it
  • Reviews (0)
Unlike the private administration, the public administration pursues the satisfaction of the public interest, of the public utility, disinterestedly, including by the realization of public services. The motive of public administration is both the satisfaction, properly and continuously, of some essential requirements, common to the whole human community, which by their magnitude exceed the possibilities of individuals, and the satisfaction of those requirements which, by their nature, are unprofitable and no one would offer to insure them.

In terms of the means available to the public administration to achieve its purpose, we emphasize, essentially, the possibility of using the prerogatives of public power. The decisions of the public administration are binding without asking the consent of those to whom they apply, the public administration being able to use when necessary, means of coercion.


Public administration is a continuous process, an uninterrupted activity, permanently adapted to the dynamic conditions of the social, economic and political environment, while the private administration may cease when it no longer becomes profitable (companies) or for other reasons.

The public administration is not to be confused with the state administration, as it has a wider scope and is achieved not only by the activity of state bodies, but also by the activity of other subjects, including local public administration authorities, autonomous utilities and public institutions. .

In order to clarify the notion of public administration, it is necessary to take into account as many meanings or meanings of this notion, as follows:

first of all, the public administration represents that segment of social relations regulated by the norms of the administrative law;

secondly, the public administration represents a system of bodies, authorities and institutions whose activity and organization are governed by legal norms of public law (organic / formal meaning);

Thirdly, the public administration represents the set of activities performed and the competencies exercised in order to promote the public interest, either at general level or at local level (functional / material sense).

Public administration can be seen as a segment of social life whose role is to implement the normative provisions enacted by the legislature. In other words, the public administration system has a unique role at the level of society, that of achieving the social order, by establishing the legal order, in line with the legislative or normative changes at the state level considered in the reference base.

As can be seen above, the public administration represents a segment of social relations that manifests itself in the social community to which it refers, a segment of relations governed by the legal norms in force at a given time. Thus, if at the level of a form of private organization the norms of conduct are internal, established at the level of management, when we speak of institutions or bodies belonging to the public administration, all activities are circumscribed by normative provisions issued by Parliament.

The public administration can be defined as that activity of organization and concrete execution of the law, with device and provider character which is carried out mainly by the public administration bodies and, in subsidiary, by the other state bodies, as well as by private organizations of interest public
Constanta Calinoiu
Gabriel Moinescu

CONTENT

HEAD. 1 THE SPECIFICITY OF THE ACTIVITY OF THE PUBLIC ADMINISTRATION / 9

Introductory notions / 9
The object of public administration / 11
The connections of the public administration with other state structures / 12
Functions of public administration / 13
Content of the public administration / 15

HEAD. 2 GENERAL ASPECTS REGARDING THE CONTROL OF THE ACTIVITY OF THE PUBLIC ADMINISTRATION / 18
SECTION 1 - NOTION AND SPECIFICITY OF THE CONTROL OF THE ACTIVITY OF THE PUBLIC ADMINISTRATION / 18
The notion of control / 18
Control objectives / 20
Forms of control of public administration activity / 21
SECTION 2 - NATURE OF CONTROL ACTIVITIES / 25
SECTION 3 - EFFECTS OF ADMINISTRATIVE CONTROL / 28

HEAD. 3 FORMS OF CARRYING OUT THE ACTIVITY OF THE PUBLIC ADMINISTRATION / 30
The notion of administrative operations and material operations / 30
The notion of administrative act / 32
The notion of the administrative contract / 43

HEAD. 4 ADMINISTRATIVE APPEALS
Administrative appeal / 48
Non-hierarchical appeal (graceful) / 48
Hierarchical appeal / 50

HEAD. 5 POLITICAL CONTROL EXERCISED BY PARLIAMENT / 54
The specifics of this form of control and constitutional provisions in the matter / 54
Parliamentary control and political responsibility of the Government / 59

HEAD. 6 SOCIAL CONTROL / 63
General aspects / 63
The right to petition / 64
Access to information of public interest / 71
Framework regulations / 71
Ex officio public information / 73
Requesting information of public interest / 75
Decisional transparency / 76
General regulations / 76
Procedures regarding the participation of citizens and legally constituted associations in the process of elaborating normative acts and in the decision-making process / 79

HEAD. 7 JUDICIAL CONTROL OF THE ACTIVITY OF THE PUBLIC ADMINISTRATION IN THE ADMINISTRATIVE LITIGATION / 84
SECTION 1 NOTION AND CHARACTERISTICS OF THE ADMINISTRATIVE DISPUTE / 84
The notion of administrative litigation / 84
The reason for the existence of the judicial control over the legality of the public administration activity / 89
Principles of organization and functioning of the administrative contentious / 92
SECTION 2 - PURPOSE OF ADMINISTRATIVE LITIGATION / 95
The scope of the judicial control regarding the activity of organizing the execution of the law / 95
The connection between the object of the judicial control regarding the organization of the execution of the law and the object of the action in administrative contentious / 97
Administrative litigation / 7
The operation of conformity in the control performed by the courts over the activity of organizing the execution of the law / 98
SECTION 3 - CONDITIONS OF ACTION IN ADMINISTRATIVE LITIGATION / 99
Quality of the applicant / 100
Regulation of the quality of the plaintiff in the old Law of administrative contentious no. 29/1990 / 100
Regulation of the quality of the plaintiff in the new Law of administrative contentious no. 554/2004 / 104
The condition of harm of a right or a legitimate interest / 109
The condition of damaging a right or a legitimate interest, by a public authority, by an administrative act or by not resolving a request within the legal term / 111
The notion of the administrative act in the sense of Law 554/2004 / 112
The problem of administrative operations / 116
The condition of fulfilling the preliminary administrative procedure / 117
Introduction of the action in time / 119
SECTION 4 ADMINISTRATIVE LITIGATION PROCEDURE / 120
Procedure for resolving claims in administrative litigation / 120
The object of the judicial action / 120
Actions against Government ordinances / 121
Competent court / 122
Deadline for bringing the action / 123
The necessary documents for introducing the action in the administrative contentious / 124
Citation of the parties / 124
Suspension of the execution of the act / 125
Introduction of the official in question / 127
Judgment of applications / 127
The solutions that the court can give / 128
Limitation period for compensation / 129
The appeal / 129
Judging the appeal in special situations / 129
Execution procedure / 130
Executory title / 130
Obligation to publish / 130
Obligation of execution / 131
Court of execution / 132
Action in regress / 132
Completion of the provisions of Law 554/2004 with the common law / 132
Organization and competence of administrative contentious courts / 133
Principles of organization and administration of justice provided by Law no. 304/2004 on judicial organization / 133
Organization of courts / 135
The administrative contentious courts and their competences / 137
ANNEXES / 140
BIBLIOGRAPHY / 299

Unlike the private administration, the public administration pursues the satisfaction of the public interest, of the public utility, disinterestedly, including by the realization of public services. The motive of public administration is both the satisfaction, properly and continuously, of some essential requirements, common to the whole human community, which by their magnitude exceed the possibilities of individuals, and the satisfaction of those requirements which, by their nature, are unprofitable and no one would offer to insure them.

In terms of the means available to the public administration to achieve its purpose, we emphasize, essentially, the possibility of using the prerogatives of public power. The decisions of the public administration are binding without asking the consent of those to whom they apply, the public administration being able to use when necessary, means of coercion.


Public administration is a continuous process, an uninterrupted activity, permanently adapted to the dynamic conditions of the social, economic and political environment, while the private administration may cease when it no longer becomes profitable (companies) or for other reasons.

The public administration is not to be confused with the state administration, as it has a wider scope and is achieved not only by the activity of state bodies, but also by the activity of other subjects, including local public administration authorities, autonomous utilities and public institutions. .

In order to clarify the notion of public administration, it is necessary to take into account as many meanings or meanings of this notion, as follows:

first of all, the public administration represents that segment of social relations regulated by the norms of the administrative law;

secondly, the public administration represents a system of bodies, authorities and institutions whose activity and organization are governed by legal norms of public law (organic / formal meaning);

Thirdly, the public administration represents the set of activities performed and the competencies exercised in order to promote the public interest, either at general level or at local level (functional / material sense).

Public administration can be seen as a segment of social life whose role is to implement the normative provisions enacted by the legislature. In other words, the public administration system has a unique role at the level of society, that of achieving the social order, by establishing the legal order, in line with the legislative or normative changes at the state level considered in the reference base.

As can be seen above, the public administration represents a segment of social relations that manifests itself in the social community to which it refers, a segment of relations governed by the legal norms in force at a given time. Thus, if at the level of a form of private organization the norms of conduct are internal, established at the level of management, when we speak of institutions or bodies belonging to the public administration, all activities are circumscribed by normative provisions issued by Parliament.

The public administration can be defined as that activity of organization and concrete execution of the law, with device and provider character which is carried out mainly by the public administration bodies and, in subsidiary, by the other state bodies, as well as by private organizations of interest public

www.editurauniversitara.ro

If you want to express your opinion about this product you can add a review.

The review was sent successfully.

Customer Support Monday - Friday, between 8.00 - 16.00

0745 200 718 0745 200 357 comenzi@editurauniversitara.ro

Compara produse

You must add at least one product to compare products.

Was added to wishlist!

Was removed from wishlist!