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CNAA / Theses / 2016 / July /

The role of public authorities in realization of the administrative function of the state


Author: Neacșu Sorin
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:2016
Scientific adviser: Victor Popa
doctor habilitat, professor, Free International University of Moldova
Institution:

Status

The thesis was presented on the 13 July, 2016
Approved by NCAA on the 6 October, 2016

Abstract

Adobe PDF document – 1.06 Mb / in romanian

Thesis

CZU 3425(478+498(043.2)

Adobe PDF document 1.36 Mb / in romanian
158 pages

Keywords

public administration, executive power, administrative function, public domain, government, public services.

Summary

Thesis structure: introduction, 4 chapters, general conclusions and recommendations, bibliography –166 used sources, volume – 145 basic text pages Number of publications on thesis: The results are published in 7 scientific papers

Field of study: specialty 552.02.02 - Public Law (Administrative)

Goals and objectives. The purpose of the research investigation is to study and analyze the role of public executive authorities in realization of administrative function of the state, by evaluating different doctrines, theories and by applying them in practice.

There were proposed the following objectives in order to achieve the stated goal: an analyze of realization the administrative functions of the state in Romania and Moldova - marking theoretical bases of executive and administrative functions of the state - differentiating function of the executive and administrative functions of the state - highlighting some issues of comparative law regarding the executive and administrative functions of the state - identify the importance of public administration systems of the state and their contribution in achieving the administrative functions of the state - analysis of doctrines and legislation relating to the administrative systems of Romania, Moldova and some EU countries - drawing up some recommendations for improving the operation of administrative systems in Romania and Moldova.

Scientific novelty of the research. The scientific novelty of the study is manifested by the fact that, in the context of the principles underlying the organization and functioning of public administration, some theoretical and practical problems are highlighted and analyzed, various positive and negative aspects of the experience of Romania and the Republic of Moldova and different solutions to improve this activity are proposed.

The following aspects were argued from the scientific point of view, including some own vision: the need to recognize the administrative functions of the public administration along with three classic functions (legislative, executive and judicial); public function is a broader concept than the state function; public function represents a particular activity and not a set of competences; the success of the activity of public administration in various structures of the state apparatus largely depends on not only professionalism and their behavior, but also on the steps the state takes to do the actual work effective, attractive, stable, in accordance with interests of the citizens.

Important scientific problem that was solved was to identify the role of executive public administration in achieving administrative function of the state, which led to the detection of weaknesses in the legal system and to argumentation of the necessity of the emergence of new research directions in the field of administrative law.

The theoretical importance and value of the research. The current paper is actual for the development of science of public law of Romania and Moldova, requiring serious investigation in the problems of achieving public interest of citizens in the process of realization of administrative function of the state. A number of conceptual recommendations were developed and proposals for law ferenda which can bring a contribution in the improvement of the situation in administration of the public domain in Romania and Moldova.

Implementation of scientific results. The conclusions and proposals contained in the thesis can provide solutions to modernize the legal framework in Romania, Moldova and other countries, and can be used as a starting material for more serious approach of the topics related to the role of the executive authorities in carrying out administrative function of state.