The status of civil servants - between aspirations towards professional excellence and political interference

Author:Anamaria Groza
Position:Faculty of Law, University of Craiova, Romania
Pages:502-514
SUMMARY

The Romanian society has, as a national objective, a public administration outside the political influence and the recruitment of competent and performant public servants. One of the instruments to realize this objective is, no doubt, the legal status of the public servants. This study is aimed to identify and analyse the elements of vulnerability witch the Law 188/1999 concerning the public... (see full summary)

 
FREE EXCERPT
The status of civil servants - between aspirations towards professional
excellence and political interference
Lecturer Anamaria GROZA1
Abstract
The Romanian society has, as a national objective, a public administration outside
the political influence and the recruitment of competent and performant public servants.
One of the instruments to realize this objective is, no doubt, the legal status of the public
servants. This study is aimed to identify and analyse the elements of vulnerability witch the
Law 188/1999 concerning the public servants and the project of the Administrative Code
contain, from the perspective of the political influences. The main issue of the study is to be
aware of the institutions, procedures and factors witch make fragile the legal status of the
public servants, allowing, by example, the political parties membership of the public
servants or their recruitment in absence of a national competition, organised by an entity
specialised in the development of the public function in Romania. The project of the
Administrative Code brings remedies only in part for the existing problems, while amplifies
others. O very difficult, actual and vulnerable matter is the policy of salaries of public
servants, in the context of the Decision n. 794/2016 of the Constitutional Court. The
research has an explicative, but also a critic character. Also, solutions are offered in order
to increase the degree of accomplishment of a competent, transparent and political neutral
administration.
Keywords: civil servants, Romanian administrative law, Administrative Code,
depoliticization, public administration.
JEL Classification: K23
1. Analysis from the perspective of Law no. 188/1999 on the Civil
Servants' Statute
The civil servant is the main human resource in the central and local public
administration. "If the official is weak, incompetent, bad faith, poorly remunerated,
the result of his work will be worthless, of quality." If the official is competent,
fair, professional, responsible in relation to his work, the result will be successful,
beneficial for the official, but also for the citizens who benefit from his services."2
1 Anamaria Groza Faculty of Law, University of Craiova, Ro mania, anamariagroza80@gmail.com.
2 Verginia Vedinaș, Cât de drept este cu funcționarii publici statul de drept?, Revista de Drept
Public”, no. 3/2012 p. 13.

To continue reading

REQUEST YOUR TRIAL