Considerations on the sources of Romanian administrative law. The need to codify the rules of Romanian administrative law

• Author: Catalin-Silviu Sararu
• Position: Associate professor
• Pages: 224-236

Considerations on the sources of Romanian administrative law.

The need to codify the rules of Romanian administrative law

Associate professor Ctlin-Silviu SĂRARU1

Abstract

This article analyzes the formal sources of Romanian administrative law:

Constitution and constitutional laws, organic laws and ordinary laws, simple ordinances and

emergency ordinances adopted by the Government, administrative acts of a normative

nature, customary law, jurisprudence, legal doctrine, the position of the international treaties

and the legal order of the European Union within the sources of the Romanian administrative

law. At the end of the article we analyzed the need to codify the rules of administrative law

in Romania. The codification of the rules governing the action of the public administration

presents an indisputable advantage for the citizen who will find in a single normative act all

the rights and obligations that come within the content of the administrative law legal

relation.

Keywords: sources of law, Romanian administrative law, administrative acts of a

normative nature, codify the rules of administrative law.

JEL Classification: K10, K23.

1. The notion of a source of law

The notion of the source of law2 has two meanings:

a) source of law in a material sense ‒ represents the material conditions of

the society at a certain time (the law-making factors) that were the basis of the

legislator's will to regulate a certain social domain.

b) source of law in a formal sense - represents the form of exteriorization of

the manifestation of the will of the legislator and of the public authorities which

implement the law.

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

catalinsararu@yahoo.com.

2 On the sources of Romanian law see Nicolae Popa, Teoria generală a dreptului, 5th ed., C.H. Beck,

Bucharest, 2014, p. 156-172; Dan Claudiu Dănişor, Ion Dogaru, Gheorghe Dănişor, Teoria generală

a dreptului, 2nd ed., C.H. Beck, Bucharest, 2008, p. 119-196; Ion Corbeanu, Maria Corbeanu, Teoria

generală a dreptului, Lumina Lex, Bucharest, 2008, p. 169-184; Mircea Djuvara, Teoria generală a

dreptului. Drept raţional, izvoare şi drept pozitiv, All Beck, Bucharest, 1999, p. 306-342.