Administrative operations

• Author: Catalin-Silviu Sararu
• Profession: PhD, is Associate Professor at the Law Department of Bu-charest University of Economic Studies
• Pages: 59-61

Chapter VII

Administrative operations

1. The notion of administrative operations

The administrative operations are the technical-material activities carried

out by the public administration for the elaboration, adoption or execution of the

administrative acts or for the award, conclusion and execution of the administra-

tive contracts.

Administrative operations can intervene in the preparation phase of issu-

ing administrative acts (on-the-spot reporting minutes, reports, opinions, agree-

ments, expertise, data transmissions, drafting of administrative acts, etc.), in the

issuing phase. of administrative acts (summoning of the collegiate administrative

bodies, establishing the agenda, drawing up the minutes of meetings, stamping,

dating, recording the act, etc.), in the execution phase of the administrative acts

(communication, publication of administrative acts, etc.)

Also administrative operations also intervene when awarding, conclud-

ing and executing administrative contracts. There are such administrative opera-

tions: carrying out the opportunity studies that are the basis for the decision to

concede a good public property, drafting the award acts, drafting and publishing

the participation announcements, organizing public auctions, minutes of receiv-

ing the works performed on the basis of a public procurement contract, etc.

2. The features of administrative operations

Administrative operations have the following features:

a) intervene in all the procedural phases necessary for the issuance/adop-

tion and execution of the administrative acts (in the previous, concomitant and

subsequent phases of the issuance/adoption of the administrative acts) as well as

in all the stages necessary for the award, conclusion and execution of the admin-

istrative contracts.

b) administrative operations often constitute conditions of validity for ad-

ministrative acts and administrative contracts1. In these cases, performing the ad-

ministrative operations provided by the law also ensures the legality of the ad-

ministrative act. Thus the issuing of a diploma of graduation of some courses is

done only after the person has been subjected to examination operations that attest

his degree of preparation.

c) administrative operations are material facts and not express expres-

sions of will made with the intention of producing legal effects (ie to give birth,

modify or extinguish rights and obligations). They do not produce legal effects

1 See Alexandru Negoi, op. cit. (Drept administra tiv), 1996, p. 180.