Normative over organization in the context of european union integration

• Author: Gina Livioara Goga - Georgeta Modiga
• Position: Assistant Lecturer PhD at 'Danubius' University in Galati, Romania, Faculty of Law - Lecturer Dr. At 'Danubius' University in Galati, Romania, Faculty of Law
• Pages: 116-121

NORMATIVE OVER ORGANIZATION IN THE CONTEXT OF EUROPEAN

UNION INTEGRATION

Goga Gina Livioara

∗

∗∗

∗

Modiga Georgeta

∗

∗∗

∗∗

∗∗

∗

Abstract

The changes of the state policy as well as the options for reorganization in wider

formations existent at international level have determined an uncontrolled increase in the

number of norms and rules of law, phenomenon described in the judicial literature

1

as

“judicial inflation”. Therefore, the transformations in the Romanian society have determined

some analysts to wonder whether today the state of law ensures the liberty of the individual.

More than that, we are now talking about a crisis of the state.

Key words: public administration, legislative codification, European integration,

normative over organization

Introduction

Generically, the administration presents the stage of development of a state. It is

obvious that where the public administration is strong already, “few ideas are born, few

desires and few interests and passions are met”

2

. But when the desire for reform of the entire

society is raised, the state has to intervene in the social and economic life conferring the

individuals’ solutions for all their problems. Together with the intensification of the adhesion

process in the European Union and the efforts of integration of the Romanian public

administration in the European administrative space, Romania hasn’t avoided the adoption

of laws and ordinances in such a great number that the succession of modifications and

abeyances have raised a sign of doubt from the European Commission regarding the

administrative capacity of our country to adopt the community acquis.

The phenomenon of judicial instability at national level

If in some of the opinions the actual crisis of the Romanian state represents only the

expression of the need for social protection

3

most of the opinions have sustained the guilt of

the public powers, the sole responsible for the complexity of the law and at the same time for

its instability. The individual becomes suffocated by the multitude of laws, the state

becoming “a machinegun” that “spatters” laws

4

. The same unstable environment affects not

only the regular citizen and the entrepreneurs that feel uncomfortable in an environment that

lacks judicial stability but also the entire society. In the first place, the legislator itself feels

helpless. The legislator is followed by the public servants in administration and justice, the

one that should apply the law. But, unlike other categories, the public servants and citizens

∗

Assistant Lecturer PhD at “Danubius” University in Galati, Romania, Faculty of Law, e-mail address:

ginagoga@univ-danubius.ro.

∗∗

Lec turer Dr. at “Danubius” University in Galati, Ro mania, Faculty of Law, e-mail address:

georgeta.modiga@univ-danubius.ro.

1

D. C. Dănişor, Drept constituţional si instituţii politice, Vol.1, Teoria generală, Tratat, Ed. C.H.Beck,

Bucharest, 2007, p. 180-184; see also Virginia Vedinaş, Notă cu privire la Tezele prealabile ale proiectului

Codului de procedură administrativă, Revista de Drept Public, nr.4, B ucharest, 2008, p. 96-97.

2

A. de Tocqueville, Vechiul regim si revolutia, Ed. Nemira, B ucharest, 2000, p. 12, 188, 189.

3

V.Ionescu, I.Navroțchi,Democratie-vis şi realitate, Ed. C.H.Beck, B ucharest, 2006, p. 111.

4

J. O. y Gasset, Europa şi ideea de naţiune, Ed. Humanitas, Bucharest, 2002, p. 173-175 .