The Administration's Crisis Multiplied by the Crisis of the Administrated

• Author: Alina Livia Nicu
• Position: Associate Professor PhD, University of Craiova, Faculty of Law and Administration´ Science, Calea Bucuresti Square no. 107D, Craiova, department of Dolj, Romania
• Pages: 11-28

JURIDICA

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The Administration's Crisis Multiplied by

the Crisis of the Administrated

Alina Livia NICU

1

Abstract: The starting point of this work is the idea that the concept of “crisis” should be approached

with no fear. It is necessary to understand it as the signal which attracts attention upon the fact that

some changes ar e appropriate and that some rationally thought actions ought to be taken in order to

soften the social phenomena occurring within a crisis period. We may sa y that in the core of the crisis

lies impregnated th e basic substance of progress and that the moment when a crisis is declared is as

well the moment of a new start. It is necessary to anticipate the crisis, in order to prepare the adequate

means able to soften up the shocks created by its incipit and to bring for ward the progress through its

action itself. One of the most necessary and useful instruments able to smooth down the crisis' effects

is the early education provided to the citizens concerning the frame of the behavior to be adopted in

case of crisis. The officials and the public servants are the social actors who constitute the interface

between the citizen who is going to suffer the crisis and this latter's exerted pressure. The personnel

from the public administration h as to assume the hardest role in reducing th e most possible the crisis'

effects. Some possibilities are analysed that could reduce the effects o f the economical, social a nd

political crises, among which the most important is the qua lity of juridical norms. The Romanian

legislation concerning the public charge is studied, in respect to its capacity to motivate the public

servant to perform at his up most level, d uring crisis periods but not only then. The idea is

emphasized that panic and uncontrolled social movements in case of a crisis might lead to the

multiplying of the negative effects. The personnel from the public administration comes to a direct

confrontation with the pressure of the negative effect of th e crisis, as it is received b y the public

administration - understood as a structure, multiplied by the number of persons which compose the

civil society. Thus we may speak of a double sensed multiplying: the administration's crisis multiplied

by the crisis of the administrated. This p erspective involves a size index of more than 16 millions and

might generate uncontrollable social phenomena. The central public administration holds the role of

elaborating projects of normative acts and plans of concrete measures in order to prevent all types of

crises. When the crisis is impossible to prevent, some management plans are required from it. De lege

ferenda suggestions are formulated.

Keywords: crisis; optimistic approach; anticipation; means of action; regulation; statute of the public

servant

1

Associate Professor PhD, University of Craiova, Faculty of Law and Administration´ Science, Calea

Bucureşti Square no. 107D, Craiova, department of Dolj, Romania. Phone: +4351.177.100, fax:

+4351.177.100. Corresponding author: nicu1940ion@gmail.com.

AUDJ, vol. 10, no. 3/2014, pp. 11-28

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1. Introduction

The year 2010 has rendered the word ”crisis” actual for the existence of all the

Romanian citizens, upon the background of the previous start of the economical

crisis in the USA and in Europe. Then the Romanian government has placed at risk

its level of popularity, when taking the action of reducing by 25% the salaries of

budgetary employees

1

, exposing itself to a huge critical analysis made by the civil

society. Some citizens have claimed in judicial courts

2

the ascertainment of the

illegal nature of this taken action

3

. Through its courts at various levels, the judicial

power has stated in this matter. But the Constitutional Court of Romania, starting

with its Decision nr. 872 from June 25-th 2010 and the Decision nr.874 from June

25-th 2010

4

“has ascertained as not validly grounded the non-constitutionnality

objection raised against the legal dispositions concerning the quantum diminishing

of the salaries for the budgetary personnel”

5

. The citizens have extended the debate

of this matter to the outside of the Romanian borders, by suing the matter towards

the Human Rights' European Court

6

; yet, “The European Court of Human Rights

has confirmed the successive interpretations stated by the Constitutional Court but

as well the ones stated by the High Court of Cassation and Justice which had ruled

1

The Law nr.118/ 2010 concerning some necessary measures in view of restoring the budgetary

equilibrium is published in Monitorul Oficial, Part I, nr.441 of June 30-th, 2010.

2

For example the paper "Sed Lex" has more than 80000 lawsuits in court concerning the reduction of

the salaries by 25%, Bucureşti, (November 12-th, 2010), hyperlink

“http://www.mediafax.ro/social/sed-lex-are-peste-80-000-de-actiuni-in-instanta-privind-reducerea-

salariilor-cu-25-7712285”, visited at October 4-th, 2014.

3

Here are two examples: 1. “Six public servants from the Voineasa Mayor”s Office have forwarded a

lawsuit against the institution, being angry about the salaries” reduction by 25%, due to some

Government”s decisions. Two judges from the Baltcheshti local Court have also contested in court

the measure of reducing wages, decided within the frame of the group of austerity actions tak en

issued by the Government. The Court has stated that to the eight persons should be returned the

amount of wage rights differences for the mont hs of July, August and September.” - in the paper:

"The reduction of salaries by 25%,declared illegal by the Valcea Department”s Court", published in

România Liberă online, at November 11-th, 2010, hyperlink

"http://www.romanialibera.ro/economie/finante-personale/reducerea-salariilor-cu-25---declarata-

ilegala-de-tribunalul-valcea-205674", visited at October 4-th, 2014; 2.Valcea Department”s Court,

Civil Section, sentence of 14.10. 2010, cancelled through a decision from 24.03.2011 by the Appeal

Court of Piteşti.

4

They have been published in Monitorul Oficial, Part I, 433 of 28-th June 2010.

5

The information comes from: the following add ress: Hyperlink: “http://legeaz.net/spete-civil/litigiu-

functionari-publici-diminuari-salariale-577-2012” and from: the address: Hyperlink:

“http://webcache.googleusercontent.com/search?q=cache:pekuoK9D9IMJ:www.hotararicedo.ro/inde

x.php/news/2012/01/reducerea-salariilor-cu-25-prin-legea-nr-118-2010-compatibila-cu-art-1-

protocolul-nr-1-cedo-decizia-inadmisibilitate-cauzele-felicia-mihaies-i-adrian-gavril-sentes-c.-

romaniei&client=firefox-a&hl=ro&gl=ro&strip=1”, visited at October 4-th, 2014.

6

Ibidem.