202 MIHAELA V. CĂRĂUŞAN
Besides this, as it concerns the active roles played by the two entities of
executive power on the political scene new mechanisms are discovered.
Historically, the legitimacy of administrative arrangements has been greatest
when they were connected to the ideologies of dominant political coalitions and
movements. In each case, the core principles of dominant and accepted
administrative practice lost their legitimacy after the political groups supporting
them fell from the power. In short, administrative expertise must be in the service
of the nation’s dominant political vision.8 In our constitutional gridlock, Romanian
administration is an arm of the nation’s ruling civil servants elite (the technocrats)
and is considered legitimate.
Additionally, even if, the Romanian Constitution provides the possibility of
the President to attend the Government meetings and without influencing the
rhythm of government, as it is in France (art. 9 of the French Constitution), or the
separation and equilibrium of branches nowadays we experience different
situations. By taking into account the new citizens’ movements in Romania and the
role of the President we can conclude that, even if the Constitution sees the
President as a monitor of the state separation and equilibrium of branches, because
is part of one branch and directly elected by the citizens, in crisis situations, cannot
act freely and independent. A major political problem with governmental
regulatory activities is that although they do tend to promote domestic tranquillity,
they are also widely viewed as a breach of the government’s commitment to secure
the ‘blessing of liberty’9.
3.1. The Ministry of Justice
Public policy is established through administrative rulemaking. They
determine much about the health care, the education system and the practices used
in business, agriculture and other areas. The rules are prospective and can be of
general or particular application. The executive branch through the Government,
we could see in the above lines, is directly involved in the administrative
Another aspect that confirms the tendency of the Government to apprehend
the regulatory power is the major role of the Ministry of Justice in the legislative
reform. Ministry of Justice as public administration authority is directly involved
in achievement of the legislative process even its main role is to ensure fulfilment
of justice, public order, and citizen safety. The simplification and consistency of the
legal regulations, compatibility of national legislation with the obligations assumed
by Romania, and the harmonization of national legislation to European and Euro-
Atlantic one are roles assumed by the Ministry of Justice.
Among the authorities who have the right of legislative initiative according to
the Constitution, a special role is given to the government. May develop draft
8 Rosenbloom David H., O’Leary Rosemary and Chanin Joshua, Public Administration and Law,
3rd ed., CRC Press, 2010, pp. 29-30.
9 Rosenbloom David H. and Kravchuk Robert S., Public Administration. Understanding
Management, Politics, and Law in the Public Sector, 6th ed., McGraw Hill, 2005, p. 49.