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Observations regarding the right of civil servants to pursue a career. About „instability” in civil service and law non-compliance practices

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  • Camelia Stoica

    (Law Department of the Bucharest Academy of Economic Studies)

Abstract

In the present study the regulation of the carrier of the civil servants is considered, especially the stability and continuity – essential elements at the European Union level. Unfortunately, in the Romanian legislation, as well as in the institutional case law, it remains a purely declarative issue. The study is based on a series of recent court decisions. We criticized the abusive use of the expeditious ordinances and the instruments of legislative regulation. This is considered as an abusive practice of the law maker and shows a legislative inability related to the regulation of the public office, especially by not observing the conditions in which a person could be relieved of his office. The conclusion of the study leads to the necessity for the law maker to revise the statute of the civil servant, especially by eliminating the fluctuation determined by the succession of the governing political forces.

Suggested Citation

  • Camelia Stoica, 2013. "Observations regarding the right of civil servants to pursue a career. About „instability” in civil service and law non-compliance practices," Juridical Tribune - Review of Comparative and International Law, Bucharest Academy of Economic Studies, vol. 3(1), pages 20-31, June.
    • Handle: RePEc:asr:journl:v:3:y:2013:i:1:p:20-31
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    More about this item

    Keywords

    civil servant; public function; status of civil servants; public institutions; administrative law.;
    All these keywords.

    JEL classification:

    • K23 - Law and Economics - - Regulation and Business Law - - - Regulated Industries and Administrative Law

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