Administrative law science in Romania

Author:Catalin Silviu Sararu
Position:Department of Law, Bucharest University of Economic Studies
Administrative law science in Romania
Associate professsor Cătălin-Silviu SĂRARU
This study investigates the emergence of the science of administrative law in
Romania and analyzes some introductory notions in Romanian administrative law: definition
of administrative law; the object of regulation of the Romanian administrative law; and the
features of administrative law. Administrative law is the branch of law that encompasses the
legal norms governing social relations regarding the organization, activity, control and
liability of the public administration, based on and in the enforcement of the law.
Administrative law implies an administrative legal regime for regulated social relations
justified by the specific n ature of the realization of the public interest, the administration of
the assets subject to the public property and the provision under the continuity and
permanence of public services.
Keywords: science of administrative law, administrative legal regime, public administration,
public interest.
JEL Classification: K23
1. The emergence of the science of administrative law
Administrative law as a science has emerged in France since the beginning
of the 19th century. The founders of the science of French administrative law are
Joseph Marie Gérando, Baron de Rathsamhausen (who published Institutes du droit
administratif français, ou Éléments du code administratif, réunis et mis en ordre, 6
vol., 1829-1836), Louis-Marie de La Haye, Vicomte de Cormenin (he publishes in
1822 Questions de droit administratif and in 1840 publishes the book Droit
administratif) and Louis-Antoine Macarel (he publishes in 1818 Éléments de
Jurisprudence administrative and in 1828 the book Tribunaux administratifs, also
between 1844-1846 publishes Cours de droit administratif, in 4 volumes).
Gradually, the study of administrative law science was extended to law
schools in other countries.
A particular case opposed to the French model is the United Kingdom. In
1885, the work written by A.V. Dicey entitled "Introduction to the Study of the Law
of the Constitution", in which the author denies the existence of an administrative
law in England, appears in England, considering that public administration was
subject to the common law and administrative litigations were resolved England by
Cătălin-Silviu Săraru Department of Law, Bucharest University of Economic Studies,
See Gilles J. Guglielmi, Vu par ses pères fondateurs, le droit administratif, în Le droit administratif
en mutation, PUF, 1993, p. 42.

To continue reading

Request your trial