Perspectives of Law and Public Administration

4

Authors: Ovidiu-Horia MAICAN

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.

5

Authors: Diana-Mihaela MALINCHE

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.

6

Authors: Camelia Daciana STOIAN + Claudia BOGHICEVICI

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.

7

Authors: Adriana DEAC

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.

7

Authors: Nicolae MĂRGĂRIT

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.

8

Authors: Ștefania Cristina MIRICĂ + Andreea Elena MATIC

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.

9

Authors: Anca Lelia LORINCZ + Tatiana OPREA

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.

22

Authors: Fernanda Paula OLIVEIRA - Carla MACHADO

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.