Constitutional references related to the guarantee of the right of a person aggrieved by a public authority in Romania

Author:Catalin Radu Pavel
Position:Lawyer, Bucharest Bar Association
Pages:114-129
Constitutional references related to the guarantee
of the right of a person aggrieved by a public authority
in Romania
PhD. student Cătălin-Radu PAVEL
1
Abstract
The aim of this piece of research is to analyse the constitutional references of Article
52 of the Constitution of Romania, namely the guarantee of the right of a person aggrieved
by a p ublic authority. Therefore, the guarantee of this fundamental rights helps ensure the
good administration of the rule of law, the respect for the legitimate rights and interests of
Romanian citizens and, implicitly, of Romanian businesses environment. Good
administration concerns the interest of both natural persons and legal persons who are
engaged in the economic circuit and whose rights are granted by the fundamental law. Good
administration is accomplished by granting the fundamental right of a person aggrieved
through an administrative deed or through a request which was not settled within the legal
time limit and, at the same time, by granting to that person a right to approach the competent
authorities and to be entitled to obtain the recognition of the claimed right or of the legitimate
interest, with the annulment of the deed and the repair of prejudice, respectively. The liability
of the State for miscarriage of justice, as well as its right of recourse against the magistrates
who acted in bad faith or serious neglect in their position are also granted. The methods used
in drawing up this study are: the comparative method used to identify the right of a person
aggrieved by a public authority in the Romanian Constitutions and in th e Constitutions of
other states, and the historic al method, which was used in the analysis o f the historical
evolution of the studied field. The logical method served to analyse the current research in
the field, while the sociological metho d helped to study social impact. The quantitative
method was used to study the relevant applicable legislation. The results of this research
have highlighted the current trends and the need of citizens and economic actors to benefit
from good administration by public authorities. The implications of research for ensuring
the good administration of citizens, economic agents a nd implicitly, of the business
environment, reveals how impo rtant it is to ensure the supreme values, granted by the
Constitution, namely the right of a person aggrieved by a public authority, a fundamental
right analysed in this study.
Keywords: guarantee of the right of a person aggrieved by a public authority, good
administration, Romanian businesses environment, ensuring the supreme values,
fundamental right, Romanian Constitution.
JEL Classification: K10, K23, K41
1
Cătălin-Radu Pavel Lawyer, Bucharest Bar Association, radu.pavel@avocatpavel.ro.
Juridical Tribune Volume 8, Issue 1, March 2018 115
1. Introductory aspects
1.1 In the current context of a democratic society, we considered that the
issues addressed in this research were of particular importance given the society's
tendencies to continuously improve its management, the aspirations of citizens, both
individuals and legal persons, for an improvement in the economic circuit, the
relationship with public authorities, the need for public safety and security and the
need to guarantee the fundamental rights of the citizen in a rule of law.
1.2 The researched scientific issue consisted in identifying the constitutional
elements regarding the guarantee of the right of the person injured by a public
authority in Romania, thus ensuring a good administration of the state and of the
citizens.
1.3 The novelty of this research consisted in addressing a less analyzed topic
so far, namely the presentation of the constitutional elements on guaranteeing the
right of the person injured by a public authority. The novelty elements could be found
in the way of approaching the subject by the author, as well as by presenting some
selective aspects regarding the correlation between ensuring good administration and
guaranteeing the right of the person injured by a public authority, as well as in the
conclusions and recommendations made by the author .
1.4 The present study presents the analysis of its component parts: Doctrinal
references on the right of a person injured by a public authority in Romania, The
case law of the Constitutional Court of Romania on the right of a person injured by
a public authority, Identifying the right of a person injured by a public authority in
the Romanian Constitutions, a favorable economic climate by guaranteeing the right
of the person injured by a public authority, as well as the author's conclusions and
lege-ferenda proposals.
1.5 The methods used in the elaboration of this study are: the comparative
method used to identify the right of a person injured by a public authority in the
Romanian Constitutions and in the Constitutions of other states and the historical
method that was used to analyze the historical evolution of the studied field. The
logical method has analyzed current research in the studied field, and the social
impact has been studied using the sociological method. Using the quantitative
method, the relevant legislation was studied.
1.6 The results of this research have highlighted current trends and the need
for citizens and economic actors to benefit from good governance from public
authorities. The implications of research to ensure the good administration of
citizens, economic agents and, implicitly, the business environment reveal the
importance of ensuring the supreme values guaranteed by the Constitution, namely
the right of a person injured by a public authority as fundamentally analyzed in this
study.

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