Ensuring a good administration by granting the petition right

• Author: Catalin Radu Pavel
• Profession: Lawyer, Bucharest Bar Association, Romania
• Pages: 178-187

Ensuring a good administration by granting the petition right

PhD. student Cătălin – Radu PAVEL

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Abstract

The aim of this piece of research is to analyze the way of ensuring a good ad-

ministration by granting the petition right. The objective of this paper is to analyze the

correlation between the ensuring of a good administration by granting the petition right.

The approach of ensuring o f a good administration of the rule of law on behalf of the

citizens is an actual legal issue. At a constitutional level, a good administration is ensured

by granting the guarantee rights. Therefore, by granting the petition right in Romania, is

assuring a juridical protection of all the supreme values of the citizens, ensuring therefore

a good administration of the State on the citizens behalf. The methods used in drawing

up this study are: the historical 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 and the sociological method that helped to study the social impact. The quan-

titative method was used to study the relevant applicable legislation. The results of this

research have highlighted on the one hand the need of citizens to benefit from a good

administration by public authorities as well as the role of guaranteeing the fundamental

rights of citizens in ensuring a good administration. The implications of research for en-

suring the good administration of citizens, reveals how important it is to ensure the su-

preme values, namely the petition right, a fundamental right analysed in this s tudy.

Keywords: granting of the petition right, good administration, ensuring the su-

preme values, Romanian Constitution, public authorities.

JEL Classification: H83, K23

1. Introductory aspects

1.1. The right to petition ensures and guarantees the right of every citizen

to petition and correlatively the obligation of the public authorities to respond to

the petition within the terms and conditions established by the organic law

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.

1.2. Guarantee rights, which includes the right to petition, are rights that

ensure good administration of public authorities for the benefit of citizens. Thus,

by guaranteeing them as fundamental rights, they form the basis and foundation

of the legal protection of all fundamental human rights.

1.3. The researched scientific issue consisted in analyzing how to ensure

good administration by guaranteeing the right to petition.

1.4. The novelty of this research consisted of addressing a less analyzed

topic so far, namely ensuring good administration by guaranteeing the right to

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Cătălin-Radu Pavel – Lawyer, Bucharest Bar Association, Romania, radu.pavel@avocatpavel.ro.

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Regarding the content of the right of petition, see Cătălin-Silviu Săraru, Drept administrativ.

Probleme fundamentale ale dreptului public, Ed. C.H. Beck, Bucharest, 2016, p. 203-205.