Administrative law science in Romania

• Author: Catalin Silviu Sararu
• Position: Department of Law, Bucharest University of Economic Studies
• Pages: 313-318

Administrative law science in Romania

Associate professsor Cătălin-Silviu SĂRARU

1

Abstract

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

2

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

1

Cătălin-Silviu Săraru – Department of Law, Bucharest University of Economic Studies,

catalinsararu@yahoo.com.

2

See Gilles J. Guglielmi, Vu par ses pères fondateurs, le droit administratif, în Le droit administratif

en mutation, PUF, 1993, p. 42.