Quo vadis administrative law?
Professor Verginia VEDINAȘ1
The present study aims to analyze the current state of evolution of Romanian
administrative law. Although the title presents itself as an interrogation, we do not want- it
would be a naivety if we do- to give answers. The study focuses mainly on the following
aspects: false modernity of administrative law; the "attacks" from other branches;
conserving constants and defining traditional elements; the effect of Europeanisation.
Keywords: administrative law, tradition, modernity, evolution, constants,
JEL Classification: K23
1. The context of the approach
"The history of mankind is in fact the history of governing and
administering peoples," considers one of the coryphaei of post-war administrative
law2. The administrative law has been and continues to still largely represent the
administration's law. The administration means meeting social needs through the
provision of various public services. Hence, the classic vision of administrative
law, the law of public services.
The evolution of the states has meant the evolution of the institutions, of
the activity carried out by them. The state has begun to "lose ground" in relation to
individuals in terms of involvement in meeting the needs of larger or smaller
collectives. But it "lost on its hand", consciously that has to share some activities
and services with individuals. It "encouraged" this phenomenon. It has created the
legislative and institutional framework for it to be realized. And it succeeded. In
stages, it's true, but no way back.
The problem is where do we go with this phenomenon? And how do we do
it? What precautions should we keep? What principles should we keep unaffected?
For over two millennia since the two major branches of law have emerged
through Ulpian's famous adage, it has been accepted the thesis that the private law
is the right of individuals, and public law is the law of the state, of the city and of
the public interest. Like the state, neither the public interest nor its preemption on
the private law will ever disappear. Changing their meaning, losing some attributes
and acquiring others is a reality that does not mean that they will cease to exist.
1 Verginia Vedinaș – Faculty of Law, University of Bu charest, Romania,
2 Antonie Iorgovan, Tratat de drept administrativ, vol. 1, ed. 4, ed. All Beck, Bucharest, 2005,