Limits of action of autonomous administrative authorities in the romanian law system

• Author: George Gîrlesteanu - Robert Bischin
• Position: Senior lecturer PhD at the Faculty of Law and Administrative Sciences, University of Craiova, Romania. - Senior lecturer PhD at the Faculty of Law and Administrative Sciences, University of Craiova, Romania
• Pages: 127-134

LIMITS OF ACTION OF AUTONOMOUS ADMINISTRATIVE

AUTHORITIES IN THE ROMANIAN LAW SYSTEM

Gîrleşteanu George*

Robert Bischin*

*

Abstract

The emergence, in the Romanian public administration, of such institutions as

“autonomous administrative authorities”, which exercise their own specific functions under

the flag of independence, represents a relatively new phenomenon for the Romanian society

since the Constitution of 1991.

Autonomous administrative authorities represent, nowadays, an aggregate of original

structures within the Romanian state administration system. The general image of these legal

institutions is that of structures which are created on the purpose of exercising actions free of

the political influences and of the pressure of different economic or professional interests, in

certain areas considered to be “sensitive” and to require objective protection.

Key words: administrative authorities, political influences, professional interests,

legal competence, power of investigation.

Introduction

The achievement of the purpose for which these authorities were created, running

activities in key areas of the state, involves allowing these institutions to exercise certain

specific “powers”. These “powers” from which the autonomous administrative authorities

benefit, by virtue of the place held by this generic institution within the state system – as part

of the public administration, cannot have but a circumstantial nature: an administrative

nature.

Thus, in the Romanian legal system, autonomous administrative authorities have a

number of special “powers”, such as: investigative power, the power of informing, and the

power of recommendation and issuance of points of view, power of settlement, power of

referral to state bodies, the power of sanctions.

I. The legal Romanian system and the institution of autonomous administrative

authorities

Autonomous administrative authorities

!

are legal institutions that benefit, within the

Romanian legal system, of double consecration and legitimating. Thus, these structures have,

*

Senior lecturer PhD at the Faculty of Law and Administrative Scie nces, University of Craiova, Romania.

**

Senior lecturer PhD at the Faculty of Law and Administrative Sciences, U niversity of Craiova, Romania,

!

For more details on t he legal institution of autonomous administrative authorities see M arie-José Guédon, Les

autorités administratives indépendantes, Ed. L.G.D.J, Paris, 1991; George Dupuis, Les autorités administratives

indépendantes, Ed. Presses Universitaires de France, Paris, 1988; Michel Gentot, Les autorités administratives

indépendantes, 2

e

édition, Ed. Montchrestien, Paris, 19 94; Olivier Gohin, Institutions administratives, 5

e

édition,

Ed. L.G.D.J, Paris, 2006, p. 234-269 ; Charles Debbasch, Frédéric Colin, Administration publique, 6

e

édition, Ed.

Economica, Paris, 2005, p. 927-971; V erginia Vedinaș, Drept administrativ, ediţia a III-a, Ed. Universul Juridic,

Bucureşti, 2007, p. 345-348; Ioan Vida, Puterea executivă şi a dministraţia publică, Ed. R.A”Monitorul Oficial",

Bucureşti, 1994, p. 140-166; Aantonie Iorgovan, Tratat de drept administrativ, vol. I, ediţia a 4-a, Ed. All Beck,

Bucureşti, 2005, p. 446-447; Dana Aopstol Tofan, Drept administrativ, vol.I, Ed. All Beck, Bucureşti, 2003, p.

211.