Considerations on the necessity of using the concept of public administration in the constitutional foundation of public administration in the future constitution

• Author: Alina Livia Nicu
• Position: Faculty of Law and Administrative Science Craiova University - Romania
• Pages: 101-107

AGORA International Journal of Juridical Sciences, www.juridicalj ournal.univagora.ro

ISSN 1843-570X, E-ISSN 2067-7677

No. 3 (2013), pp. 101-107

101

CONSIDERATIONS ON THE NECESSITY OF USING THE CONCEPT

OF PUBLIC ADMINISTRATION IN THE CONSTITUTIONAL

FOUNDATION OF PUBLIC ADMINISTRATION IN THE FUTURE

CONSTITUTION

A. L. Nicu

Alina-Livia Nicu

Faculty of Law and Administrative Science

Craiova University, Craiova, Romania

*Correspondence: Alina Livia Nicu, Craiova University, 107D Calea Bucuresti, Craiova,

Romania

E-mail: nicu1940ion@gmail.com

Abstract

Beginning with the current social reality which described political actors preoccupied

with the review of the Romanian Constitution, the present paper outlines the idea that the new

Romanian Constitution has to offer, more than ever, the foundation for a clear, precise,

coherent and concise legislation. This necessity is felt in all the areas related to the social life,

but especially in public administration. Given that it is the moment for debates at the level of

the society regarding how the future Constitution must look like, it has been asserted as

appropriate to recall into discussion an idea stated since 2003 at monograph level. According

to this idea, in the activity of molding the system of structures exerting public power

prerogatives in general and molding the Romanian administrative system in particular, it is

necessary and useful to use the concept of public institution as construction element used to

craft the architecture the legislator desires. The proposal is argued as a critical analysis of

reference regulations in this area. Proposals for lege ferenda are also made.

Keywords: public institution, public authority, public administration, Constitution,

legislative clarity and coherence.

Introduction

In the past few years and in many cases, the Romanian legislation cannot be

characterized as being stable and coherent. If regarding the excessively dynamic character of

some judicial norms it is possible to justify that the dynamic of social relations in that area

itself determine the frequent modification of the content of those norms, regarding the

coherence and correlation there can be no justification.

As close observant of the social relations created between the personnel in the public

administration and citizens and the social relations inside the structure namely public

administration, since 1999, I felt that the tendency of the social actors exerting prerogatives

of public power at the highest level to always start from the beginning and permanently

redefine the social relations has affected the quality of the activity of regulation.

My preoccupation is centered on the pattern of the Romanian administrative system

and the clarification of the content of the concept of public institution and public authority,

the public institution being the basic structural element of the edifice that is the Romanian

public administration system.

Beginning with the current social reality which described political actors preoccupied

with the review of the Romanian Constitution, the present paper outlines the idea that the new