The Reform in the Administrative System, Aspects of Progress or Form of Discrimination of the Public Officer?

• Author: Sandra Gradinaru
• Position: Assistant Professor, PhD, Alexandru Ioan Cuza University of Iasi, Romania
• Pages: 400-408

European Integration - Realities and Perspectives 2014

400

The Reform in the Administrative System, Aspects of Progress or Form of

Discrimination of the Public Officer?

Sandra Gradinaru

1

Abstract: The current social, economic and political status deter mined the issue of O.U.G 74/13 which

regards some measures for impr ovement and re-organization of the activity of National Agency of Fiscal

Administration, also for modification and completion of some legal acts and of H.G 520/2013 regarding

organization and operation of National Agency of Fiscal Administration, legal acts which even if they are

suppose to reform the administrative system, they reflect some problems regarding the legality of the release

from the o ffice of the public clerks, this measure being applied arbitrarily and discretionary, violating at the

same time the right to work of the public clerks. The present work analyses some aspects regarding the

legality of applying two legal acts issued b y the Government, which are O.U.G 74/2013 and H.G. 520/2013,

which were considered by the issuer as being necessary in relation to the process of re -organization of activity

of National Agency of Fiscal Administration. We ar e analyzing at the same time all the irregularities found in

practice, because applying the O.U.G 74/2013 and H.G. 520/2013 generated discriminations, on one hand

caused by the confusion determinate by the writing of the legal acts, and on the other hand, by the

enforcement of some legal provision which generated an conflict with other legal acts. Even though the main

purpose of these legal initiatives was to reform, restructure and reorganize the activity of National Agency of

Fiscal Administration, enforcing these legal acts led to a series of illegal acts even abusive, which violates the

fundamental rights ensured by the Constitution, referring to the right to work, and also the guarantees offered

by the law 188/1999R regarding the Status of Public Clerks.

Keywords: reorganization; absorption; public administration

1 Introduction

The legislator has considered necessary to adopt the order O.U.G. 74/2013(Official Monitor, Part I no.

389 / 2013) and the decision H.G. 520/2013(Official Monitor, Part I no. 473 /2013), on taking into

account certain weak points of the National Agency of Fiscal Administration (ANAF), such as the

low level of voluntary conformity, hence the need acutely felt of action to combat fiscal evasion2 as

well as the administration of a portfolio of risks by the fiscal administration regarding the conformity

of the contributors with the fiscal legislation3, to improve the services offered to the contributors and

the diminishing of conformity costs.

Other weak points taken into account by the legislator were represented by the organisational

structure, especially that of the territorial system, implying high costs of administration, reaching the

1Assistant Pro fessor, PhD, Alexandru Ioan Cuza University of Iasi, Romania, Address: 22 Carol 1 Avenue, Iasi, 700505,

Romania, Tel.: 004 0721 100 900, fax: 004 0232 213 900, Corresponding author: sandra.gradinaru@yahoo.com.

2 Note of substantiating the Ordinance of e mergency of Government no. 74/2013 regarding some measures to improve and

reorganize the activity of the National Agency of Fiscal Administration, as well as to modify and complete so me normative

acts.

3 The note of substantiation to the Government Decision no. 520/2013 regarding the organization and functioning of the

National Agency of Fiscal Administration.