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

Author:Catalin Silviu Sararu
Position:Department of Law, Bucharest University of Economic Studies, Romania
Pages:224-236
SUMMARY

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... (see full summary)

 
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Considerations on the sources of Romanian administrative law.
The need to codify the rules of Romanian administrative law
Associate professor Cătălin-Silviu SĂRARU
1
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 law
2
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.

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