Norms and relations of administrative law

• Author: Catalin-Silviu Sararu
• Profession: PhD, is Associate Professor at the Law Department of Bu-charest University of Economic Studies
• Pages: 28-32

Chapter IV

Norms and relations of administrative law

1. The norms of administrative law

The logico-legal structure of the norm of administrative law has several

particularities.

The hypothesis of the norm of administrative law. Due to the need for

these norms to be as clear as possible, most of the times the hypothesis is broader,

with the aim of specifying as accurately as possible the parameters within which

the norm acts in concrete cases. The hypothesis of the norm of administrative law

refers to: the situations in which the legal norm applies, the categories of subjects

to which the norm applies, definitions, principles, the purpose of a public author-

ity or a certain activity, etc.

Provision of the rule of administrative law. The provision of the rule

of administrative law is presented in most cases in imperative form, because the

institutions and authorities of the administration act in the realization of the public

power. The imperative provisions are those that command a conduct or require

the withdrawal of a conduct.

The imperative provisions can be:

a) onerative, by which a certain action is required. An example of an

onerative disposition is found in art. 225 (1) of the Administrative Code which

shows that the local councilors are obliged, in the fulfillment of the mandate, to

organize regular meetings with the citizens and to grant hearings.

b) prohibitive, by which a certain action is prohibited. An example of a

prohibitive provision is found in art. 413 (2) of the Administrative Code which

provides that any discrimination against a civil servant, defined in accordance

with the provisions of the specific legislation regarding the prevention and sanc-

tioning of all forms of discrimination, is prohibited.

Less often, administrative rules can be met with permissive provisions in

administrative law. The permissive provisions provide for a certain conduct, leav-

ing to the subject of the law whether or not to exercise this conduct. Most of the

time these provisions are evoked by the verb "to be able", introduced in the ex-

pressions like "administrative authority can", "citizen can"1. An example of a per-

missive provision is found in art. 129 (13) of the Administrative Code which

shows that the local council can confer to the Romanian or foreign natural persons

with special merits the title of honorary citizen of the commune, city or munici-

pality, on the basis of its own regulation.

1 See Antonie Iorgovan, op. cit. (Tratat de dr ept administrativ), vol. I, 2005, p. 144.