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Stability Of Public Office, A Current Principle?

Author

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  • Elena Mihaela FODOR

    (Associated Professor, dr., Faculty of Law Cluj-Napoca, "Dimitrie Cantemir" Christian University Bucharest, ROMANIA.)

Abstract

Since the first law regarding the public office, The Status of Civil Servants – Law No. 188/1999, the principle of stability was mentioned among the basic principles in connection with the public office. The law not only proclaimed it, but set a group of dispositions aiming to protect the career of the civil servant. Also, through the provisions of the same law, the National Agency of Civil Servants was established. The body of civil servants was also established, as an entity for selecting occupants of vacant public offices from the group of civil servants that lost their position for reasons that were not attributable to them. The Constitutional Court valued the principle when, through Decision No. 1257/2009, ruled that some public authorities are fundamental institutions of the state and their legal status include their structure, operations, competences, number and status of personnel that cannot be changed easily. In spite of all these, governments have learned to minimize the principle of stability of public office, one of the causes being the absence of solid legal dispositions opposing this.

Suggested Citation

  • Elena Mihaela FODOR, 2013. "Stability Of Public Office, A Current Principle?," Curentul Juridic, The Juridical Current, Le Courant Juridique, Petru Maior University, Faculty of Economics Law and Administrative Sciences and Pro Iure Foundation, vol. 54, pages 13-20, September.
    • Handle: RePEc:pmu:cjurid:v:54:y:2013:p:13-20
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    File URL: http://www.upm.ro/facultati_departamente/ea/RePEc/curentul_juridic/rcj13/recjurid133_1F.pdf
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    More about this item

    Keywords

    civil servant; public office; stability of public office; career of civil servant;
    All these keywords.

    JEL classification:

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

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