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Accomplishing Unity of Goal and Action of Authorities by Means of Administrative Control


Author: Ion Floander
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:2007
Scientific adviser: Andrei Smochină
doctor habilitat, professor, Institute of History of the ASM
Institution:

Status

The thesis was presented on the 13 March, 2007
Approved by NCAA on the 14 June, 2007

Abstract

Adobe PDF document – 0.28 Mb / in romanian

Thesis

CZU 342.9(498+478) (043.2)=135.1 F 67

Adobe PDF document 0.90 Mb / in romanian
157 pages

Keywords

public administration, private administration, public administration structure, system of public administration bodies, public service, public position, public servant, legal responsibility of public servants, public administration patrimony, public administration finances, public administration control, administrative control, administrative control tasks, administrative control effects, administrative control acts, Treaty Establishing a Constitution for Europe, Romania EU Accession Treaty.

Summary

This scientific investigation researches such issues as the organization of a public European administration, control exerted upon public administration, legal methods and means of administrative control, administrative control techniques, administrative control tasks, effects and acts, as well as legal responsibility of public servants.

Taking into consideration the importance of accomplishing public authorities’ unity of goal and action by means of administrative control, from the perspective of public authorities’ place, role and competence in the society, the topicality of the research is among the important directions that are worth paying a paramount attention, that need a deep and grounded investigation.

The research degree of public authorities’ activity has been covered in many studies in this field in Romania and in the Republic of Moldova, but the aspect of public authorities’ activity control emphasizing the goal, effects and legal consequences, as well as the need for continuous improvement of administration organization in the context of community legislation, is an innovation in the comparative research of this issue. The research of the issue of improving public administration organization and administrative control according to community legislation following the accession of Romania to the European Union is an innovative approach of this work.

The analysis of the development of an ideal European model at the level of local, state and community administration, the institution of parliamentary control and control exerted by the Government on public administration activity in Romania, non-contraventional control exerted by the Ombudsman and Prefect, as well as the contravention control at the court level, in doctrinal and legislative terms (national and community) is important both from theoretical and practical points of view.

This thesis contains a range of scientific conclusions and recommendations, which aim at completing legal issues in the field of Romanian public administration control, in particular, the ones related to improving administrative control mechanisms and promoting a modern administrative control aimed at correlating local interests and national interests, building public administration capacities, ensuring the observance of legislation in force, which result from national constitutional regulations, as well as from the regulations of the Romania EU Accession Treaty and the Treaty Establishing a Constitution for Europe.

We believe that the work will contribute to improving Romanian public administration organization at the national, local and community level and to developing the control over the institution of public administration activity, administrative control effects and accomplishing public authorities’ unity of goal and action.

The work is structured conceptually, as a monographic study, including and combining theoretical and historical aspects of the institution of public administration activity control. This study will be useful both within scientific and teaching process and for practical workers, with a view to organizing and developing a democratic, transparent and European administration.