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Administrative contract as juridical form of public service delivery


Author: Florea Bogdan
Degree:doctor of law
Speciality: 12.00.02 - Public Law (with specification: Constitutional, Administrative, Police, Military, Financial, Customs, Information, Ecological); Organization and Functioning of Law Institutions
Year:2012
Scientific adviser: Victor Guţuleac
doctor habilitat, professor, Free International University of Moldova
Institution: Free International University of Moldova
Scientific council: DH 15-12.00.02-27.03.08
Institute of History of the ASM

Status

The thesis was presented on the 26 January, 2012
Approved by NCAA on the 5 April, 2012

Abstract

Adobe PDF document – 0.29 Mb / in romanian

Keywords

administrative contract, public service, public authority, public interest.

Summary

The structure of the thesis: the thesis is structured of introduction, in four chapters followed by the synthesis of the results, general conclusions and recommendations, a bibliography of 177 titles. The results that we have gained are published in 6 scientific works.

Field of study: the works deals with the particularities of the administrative contract used in Romania and Republic of Moldova, regarding the delivery of public services.

The goal and the objectives of the thesis:the goal of researching the administrative contract as juridical form of public services delivery is that of identifying the role of this working instrument within the administration activity of public service delivery.

The objectives of the thesis are: bringing up a theory of the administrative contract as juridical form of public service delivery; analyzing the juridical conditions of the above mentioned contracts; identifying the legislative gaps and of the confusions regarding the administrative contract concluded in matters of public service delivery.

The scientific novelty and originality of the present thesis are determined by the actual economic-social context that imposes to the administration the use of modern working methods, in order to insure to citizens a high quality public services delivery. The scientific issue that we have solved is represented by the emphasis of the administrative contract as a maximum efficiency tool concerning the delivery of public service within the european modern state. We pointed out the necessity of maintaining the public law conditions of this type of contract as a warranty of achieving the essential goal of public services.

The applicative value of the thesis lies in the fact that the formulated and solidly argued proposals and conclusions complement and develop the theories that already existed concerning the administrative contract as juridical instrument of public service, having effects on the applicative practice of this type of contracts.

Implementation of scientific results. Elements of novelty, critical analysis and formulated recommendations find their applicability in the elaboration of scientific studies concerning the concepts of “administrative contract”, “public service” or “public administration”, while teaching administrative law classes, in the practice of judiciary authorities and in the activity of the public authorities that deliver public service.