Quo vadis administrative law?

• Author: Verginia Vedinas
• Position: Faculty of Law, University of Bucharest, Romania
• Pages: 390-397

Quo vadis administrative law?

Professor Verginia VEDINAȘ1

Abstract

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,

principles, values.

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,

prof.verginia.vedinas@gmail.com

2 Antonie Iorgovan, Tratat de drept administrativ, vol. 1, ed. 4, ed. All Beck, Bucharest, 2005,

p. XIV.