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      • Tribuna Juridica

Publisher:
Juridical Tribune Journal
Publication date:
2012-01-12
ISBN:
2247-7195

Issue Number

Latest documents

  • Semantic aspects of research on the application of private law in the public sector within the legal culture of Continental Europe (with particular emphasis on Polish experience)

    As you know, the language level is one of the main research areas of jurisprudence. The author puts forward the thesis that the adopted language apparatus has a significant influence on the research results in legal sciences. This is particularly evident in the analysis of the application of private law to the public sector. The article indicates the semantic problems faced by the author analyzing the application of private law in the public sector. The source of these problems is the adjective "public" that appears in many terms. In addition, there are problems of comparative nature. There is a phenomenon of non-translation of terms from individual languages. Other problems consist in the fact that the use of certain concepts is associated with the adoption of certain initial assumpti...

  • Legislative inflation - an important cause of the dysfunctions existing in contemporary public administration

    The study analyzes one of the major causes of the malfunctions currently in public administration: legislative inflation. Legislative inflation (or normative excess) should be seen as an unnatural multiplication of the norms of law, with negative consequences both for the elaboration of the normative legal act, the diminution - significant in some cases - of its quality, but also with regard to the realization of the law, especially in the enforcement of the rules of law by the competent public administration entities. The study proposes solutions to overcome these legislative dysfunctions, the most important of which refer to the rethinking of the current regulatory framework, the legislative simplification, the improvement of the quality of the law-making process, especially by compl...

  • Objective contentious matters in Romania and their unexplainable vulnerabilities

    The objective contentious matters should be a lethal weapon for the administrative acts challenged at the court specialised in this kind of issues, because, unlike the subjective contentious matters, they do not depend - or at least they should not depend - on the plaintiff’s (which is, by definition, a public authority) proving a subjective right or a personal legitimate interest injured by the administrative act. Relieved from this burden, the plaintiff’s task within an objective contentious matter should be easy: to come up with the proof that the case object contravenes a rightful rule with a superior legal force. In this case, the challenged act is annulled by the decision of the administrative contentious court and, as an expression of the public interest prioritising principle, i...

  • Judicial control of administration in Kosovo

    The development of administration went through various phases after the war in Kosovo (1999). Right after the war we cannot talk about the clear administration with the local sense, since Kosovo based on the UN Security Council Resolution 1244 was put under the international civil administration. Ten years later Kosovo Parliament approved the Declaration of Independence after which the Kosovo Constitution was adopted, whose main attribute was to create the state of Kosovo. Thus, based on this, the administration in Kosovo was developed firstly as the internationally organized one; then it was locally organized supervised by the international power and finally it is being developed based on Kosovo Constitution and Kosovo Laws. With this paper author by explaining the process of administ...

  • Quo vadis administrative law?

    The present study aims to analyze the current state of evolution of Romanian administrative law. Although the title presents itself as an interrogation, we do not want- it would be a naivety if we do- to give answers. The study focuses mainly on the following aspects: false modernity of administrative law; the "attacks" from other branches; conserving constants and defining traditional elements; the effect of Europeanisation.

  • Administering social care in the European Union: moving towards one-stop shops?

    Protection and inclusion have for long been some of the guiding principles of the European welfare states. The crisis of 2008 placed social investment high on the social policy agenda in the EU and specific policies that the new paradigm embraces have been in focus. Unfortunately, little attention is paid to administering policies. Creating one-stop shops, as a new way of easier and more efficient use of available resources for citizens, is perceived as the most suitable way for administration of specific policies. This paper is a contribution to this debate, looking at ways social policy is administered across the EU, from a double perspective. First, having social investment as the theoretical but also practical approach and second, looking at different welfare state regimes. This ap...

  • Role of social professions in the process of sustainable development of rural area. Study case

    It is already known and accepted in Romania the reality of the consequences produced by the social or other reforms, the transformations that reach precisely the category of the citizens from the rural area, with socio-economic problems. In 2017, the awareness of the fact that the population in the rural area, mainly consisting of socially, economically or medically vulnerable groups, need this type of services, trying to compensate for the reality of the dismantling of several sanitary units, O.U.G no.18 attempts an approach through the corroboration of this state of affairs with the objectives of developing community services. Our conclusions set out in this article are paving the way for de lege ferenda proposal to ensure proper regulations from the perspective of providing training ...

  • Public participation in dealing with cases in administrative procedure - reflections on the basis of the Polish legal system

    In 2017 the Polish Code of Administrative Procedure was amended. As a result of the introduced changes, regulations regarding public participation in dealing with individual cases subject to settlement by way of decision were significantly extended. As a general rule, the authorities have been obliged to strive for amicable settlement of disputes whose nature allows it. In order to implement the above principle, apart from the institution of amicable agreement already applicable in Polish system, the possibility of conducting mediation between the parties to the proceedings, as well as between the party and the authority was introduced. Such solution is already applied in some legal orders and is gaining more and more importance in the countries of the EU. The objective of these regul...

  • Separation and balance of power and discretionary power in public administration

    Separation and balance of powers is one of the fundamental principles which is a fundamental element of the rule of law in any contemporary. The recognition of this principle does not imply that even public administration authorities must have a rigid behaviour, and that they are not allowed to have and exercise a discretionary power, a right of appreciation. However, the exercise of such power or right must be within the limits of that principle and, implicitly, of the principle of legality. Nowdays, we can observe that any public authority, as well as those in the sphere of public administration, tries to force the limits of its discretionary power, or such a behaviour could affect the correct and constitutional functioning of the rule of law. This article is intended to be only an in...

  • Independent bodies as a model of organization of the public administration

    We live in a time when the number of regulatory bodies or independent agencies or so-called parastatal organs is continually growing and gaining momentum as a part of a country’s system of governance. In particular, in the Republic of Macedonia, in the period from 2002, around 24 independent organs have been established with the legislation, which shows that this is not only an actual topic for research and writing but also that there is an actual need for an in-depth study for the purpose of establishing these organs. Simply put, is their establishment in the legal system a necessity or a trend. Hence, the subjects of research in this paper are the reasons or the factors that contribute to the formation of the independent organs, their position in the system of government organization...

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