Considerations on certain legal issues regarding the establishment of the National Council for the Development of Human Resources in Public Administration

• Author: Andreea Stoican
• Pages: 131-136

Considerations on certain legal issues regarding the establishment of

the National Council for the Development of Human Resources in

Public Administration

Assistant professor Andreea STOICAN

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Abstract

At the beginning of 2019, Law no. 69/2019 on the establishment of the National

Council for the Development of Human Resources in Public Administration entered into

force. It is a n advisory, with no legal persona lity, non-permanent body that functions

alongside the General Secretary of the Government under the Prime Minister's coordi-

nation. Although the role of establishing such a body has been intensely debated and

appreciated as being of particular interest in the existence of a strategy to strengthen the

administrative efficiency of the Member States of the European Union, including a reform

of the public administration, the entry into force of this law was not exempt from contra-

dictory discussions, culminating even with the claim of its u nconstitutionality, through

the submission in court of the exception of unconstitutionality.

Keywords: human resources, public administration, unconstitutionality excep-

tion, administrative reform.

JEL Classification: H83, K23, K30, K39

1. Introduction

Law no. 69/2019 on the establishment of the National Council for Human

Resources Development in the Public Administration came into force at the be-

ginning of 2019. This is a consulting body, without legal personality, with non-

permanent activity that functions annexed to the Government General Secretariat

and is coordinated by the Prime minister. Although the setup of such a body was

intensely debated and considered to be of special interest for the consolidation of

the strategic administrative efficiency of EU member states, fact which represents

a reform of the public administration, the coming into force of the present law

was not without its contradictory debate that have resulted in invoking an excep-

tion of unconstitutionality.

In accordance with Article 7 of Law no. 52/2003 regarding the decision-

making transparency of the public administration, the Regional Development and

Public Administration Ministry has published the project of this forthcoming law.

After its debate, the law has come into force on 31st of January 2019 fol-

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Andreea Stoican – Department of Law, Bucharest University of Economic Studies, Romania,

andreeastoican@yahoo.co.uk.