Suchergebnisse

This article attempts to analyze how the bureaucratic principles of organizing public administration evolved from Max Weber to public administration at the beginning of the 21st century. It is mentioned that M. Weber's formulation regarding the ideal type of bureaucracy is a classic approach of public administration. Public administration practice confirms that bureaucracy is not as predictable and clear as described in M. Weber's theory of bureaucracy. Unlike the ideal model of bureaucracy developed by M. Weber, the current system of public administration is an open system and incorporates much more complex features. This fact is conditioned by a series of factors that influence the activity of the public administration including: the level of development of democracy, economic and social development, information technologies, leadership style, administrative culture, professionalization of civil servants, etc.

Ombudsman, unlike the court, cannot make binding decisions, but usually public authorities follow its recommendations, otherwise he may bring the case to the attention of politicians and the public by informing Parliament. The link between the two fundamental European institutions, the Court of Justice of the European Union and the Ombudsman, may be defined as a strong direct link between the problems of EU citizens. Requests to each institution represent an interest of each petitioner, which is intended to be solved by matching laws with moral rules and general principles of law.

Dezbaterile publice privind administraţia publică sunt de neconceput fără analiza problemelor ce vizează autoadministrarea colectivităţilor locale. Carta Europeană a Autonomiei Locale tratează colectivităţile locale ca fundamente ale democraţiilor contemporane, recunoscându-le dreptul şi capacitatea de a rezolva o parte considerabilă din problemele cu caracter local sub propria responsabilitate şi în interesul populaţiei locale. Pentru exercitarea acestui drept, fiecare stat elaborează cadrul normativ, care, sub influenţa mediului politic, social şi economic, este supus unor permanente modificări, operate pentru a da mai multă forţă sistemului de autoadministrare. Prezenta lucrare îşi propune să faciliteze cunoaşterea, înţelegerea şi însuşirea problematicii autoadministrării colectivităţilor locale. Pe planul informaţiei sunt prezentate rezultatele cercetărilor analitice, obţinute fie în cadrul unor eforturi de cercetare, fie în programe de consultanţă. Rolul acestora este de a sugera pe de o parte importanţa cunoaşterii potenţialului colectivităţilor locale, constrângerilor şi resurselor în planificarea unor măsuri asumate formal şi de o manieră sistematică. Pe de altă parte oferă soluţii practice şi sugestii privind aplicarea unor acte normative şi soluţionarea diverselor probleme generate de practicile cotidiene. Înserarea în conţinutul lucrării a problemelor de natură juridică şi teoretică urmăreşte nu doar înzestrarea cititorului cu informaţii relevante şi actuale. Acestea apar mai degrabă ca un reper pentru contemplare, pentru clarificare şi sistematizare şi mai ales pentru a le situa corect în raport cu misiunea activităţilor circumscrise administrării. Lucrarea va fi utilă celor implicaţi în procesul decizional local, funcţionarilor publici din instituţiile administraţiei publice locale, angajaţilor întreprinderilor municipale, studenţilor şi masteranzilor, tuturor celor interesaţi de problemele autoadministrării locale.

The preliminary ruling procedure is a useful tool that, over time, allowed the national courts to participate to the application of European Union law and contributed to this law system evolution. Our study reveals that the procedure is useful for both the national court and the litigant parties, as it clarifies both categories of participants on how should be applied the law of the European Union. However, the preliminary ruling procedure is subject to specific rules, very well systematized in the Recommendations to national courts and tribunals in relation to the initiation of preliminary ruling proceedings, a document issued by the Court of Justice of the European Union itself. Ignoring these recommendations led to the rejection, as inadmissible, of certain requests for a preliminary ruling, and this is a situation that should be avoided in the future.

Universal Declaration of Human Rights is an essential reference to human rights and freedoms. Both the Declaration and the Constitution obliges authorities, especially justice and therefore constitutional justice to respect fundamental rights and freedoms, including those through which is ensured protection of personality's spiritual side. The right to a fair trial has a special place among the fundamental rights in a democratic society, whose level should be inherent in any system of law. The right to a fair trial in an independent and impartial court is recognised in customary international law so that those states that have not yet ratified the international instruments are also bound by law and the judicial system to adapt their legislation appropriately. The right to a fair trial has several components such as access to justice, a fair and public case in a reasonable time, examination of the case by an independent and impartial court, established by law, advertising delivery decisions. The right to be tried by an independent and impartial court is so elemental, exciting Human Rights Committee status as an "absolute right not bear any exception". The right to a fair trial also means a reasonable opportunity to expose any part of his case to the court in a manner that does not disadvantage the opposing party, which is achieved by ensuring its rights of defense. Parties have the right to be assisted by an attorney, elected or appointed by office. Realisation of the right to defense is ensured by the organisation and functioning of the judiciary, which is based on the principles of legality, equality of parties, gratuity, collegiality, publicity, immutability and the active role of the court. To enact a law the court as part of a fair trial takes into account the competence to hear the case, both materially and territorially. In this context, statutory legislation provisions are clear and precise, clearly delineating the powers of courts, the costs involved in the administration of justice. To understand and respect the provisions is of paramount importance in realisng the right - a prerequisite to the existence of balanced and harmonious society.

The article questions, in a sceptical and prospective way, the institutional outcomes of this major trans-national trend of administrative reformism known as "New Public Management". In our view, the main cross-border legacy of the process of acclimatizing NPM precepts and recipes to various national configurations consists essentially in institutional rearrangements and in a repertoire of managerial tools and recipes, embedded into different institutional orders and hybridized with many other key features of various administrative cultures. Backing up major administrative reforms started several decades ago, the NPM rhetoric claimed to furnish the universal cure for the "bureaucratic" disease which was supposedly affecting the developed states at the end of the 1970s. From then on and although it never acquired the inner coherence of a real doctrine, it spread all over the world at the point of becoming both a "policy paradigm" and a "praxeologic". However, once implemented and in order to endure, the NPM-inspired logics, instruments and methods have fatally begun to suffer a process of routinisation which transformed them significantly. Hence, far from achieving their initial goal of "de-bureaucratizing" the state, NPM reformism became part of the endless processes of bureaucratic reproduction inescapably affecting modern states and ensuring their resilience.

Although many countries implemented decentralization projects, there are great differences regarding the characteristics, type and achievement degree of decentralization. Each form of decentralization has different characteristics, policy implications, condition for success and it may appear in various manifestations and combination in different countries, within countries and even within sectors. In this study, there were selected and analyzed the forms of decentralization that could be implemented in Republic of Moldova.

In society, at different levels, public territorial collectivities exist as component parts of
the whole - the people in its entirety. Each of these collectivities perform, abiding by the principles of local
autonomy, their respective public power which is exercised directly by the population or by the
population's representative authorities. The functions of public power are realized at those levels where
for their efficient realization there are adequate conditions and possibilities.
As a consequence of the diversity and hierarchy of the public territorial collectivities, many
authorities of different public powers may coexist in a single territory. The compatibility of activities of
different public powers is solved by clearly delimiting the competences and responsibilities of said public
powers.
The objectives of public power regarding the order of the public relations determines the functional
dimension of representative public authorities. This activity should be directed exclusively in realizing the
interests of the collectivity by political, economical, social and spiritual development.

The purpose of the monograph is to investigate the territorial organization of the local collectivities of the Republic of Moldova based on the paradigm of the territorial organization of the public power. The monograph aim is the reconfiguration of the framework for the analysis of the phenomenon of the territorial organization of local power by deliberately opting for the territorial organization approach of the public power from the perspective of social sciences, in general, and of political science, in particular, as well as the rigors imposed by the principles of the contemporary democracies relative to the realities of the Republic of Moldova. The fundamental idea of the monograph is that the existing territorial organization of the local power, being established without taking into account the needs and interests of the local collectivities, does not provide the premises for the development of the society, in general, and of the local collectivities, in particular. Identification and implementation of an optimal territorial organization system of the local power will create the necessary conditions for the affirmation of the local democracy and ensure the prosperous development of the Republic of Moldova.

In February 1938, a monarchical regime was established in Romania. In order to strengthen the power of the monarch and his discretionary control over the administration, a new administrative law was drafted. Administrative law no. 2919, published in the Official Monitor no. 187 from August 14, 1938 grouped the 71 counties of Romania into 10 regions. The region was a territorial circumscription, endowed with legal personality.
According to the Administrative law from August 14, 1938, the county became a simple district of control and deconcentration of the central administration, losing its legal personality. The prefect was authorized to exercise the control of the local administration in the urban and rural communes of the county. One form of the control over the work of local authorities was their regular inspection. In April 1940, the prefect of the Cahul County, colonel Dumitru Dobrescu, inspected the county communes, clarifying various aspects of the activities of local administrations. The results of these inspections make it possible to create a true picture of the realities of the Bessarabian villages to months before the territorial abduction in June 1940.

In February 1938, a monarchical regime was established in Romania.
In order to strengthen the power of the monarch and his discretionary control over the
administration, a new administrative law was drafted. Administrative law no. 2919,
published in the Official Monitor no. 187 from August 14, 1938, grouped the 71 counties
of Romania into 10 regions. The region was a territorial circumscription, endowed with
legal personality.
According to the Administrative law from August 14, 1938, the county became
a simple district of control and deconcentration of the central administration, losing its
legal personality. The prefect was authorized to exercise the control of the local
administration in the urban and rural communes of the county. One form the control
over the work of local authorities was their regular inspection. In April 1940, the prefect
of the Cahul County, colonel Dumitru Dobrescu, inspected the county communes,
clarifying various aspects of the activities of local administrations. The results of these
inspections make it possible to create a true picture of the realities of the Bessarabian
villages to months before the territorial abduction in June 1940.

As a result of the Russian - Turkish war in 1806-1812 the Moldovan territory between the rivers Prut and Dniester, later called Bessarabia, was annex by the Russian Empire. The administrative policy of the Russian authorities in Bessarabia was closely connected with the progress and the foreign policy course of the Russian Empire. As Basarabia bordered in the West on the Russian Empire it had a great political and military importance being treated as a possible springboard for attack on Balkan. The process of administrative establishment in Bessarabia dependent upon the propesed objectives in foreign policy and upon the Empire`s political interests. The implementation and consolidation process of the Russian administrative system in Bessarabia can be divided into three distinct periods. The first period - from 1812 to 1818. A temporary system of administration has been institued which was similar to that existent in Moldova, the idea of a continuation of the administrative system being accredited. In the period of administrative authonomy (1818-1828) the Suprem Council has been established, which was the suprem administrative and juridical body in Bessarabia. At the same time, administrative institutions characteristic of the Russian system of administration were founded in the region. The last period between 1828 and 1917 is the final period in the process of consolidationof Russian administration in Bessarabia. With the foundation of the administrative system according to "The Locality" from 1828 the implementation of Russian administrative structures in the region ends, but some exeptions. After the realization in the region of administrative reforms in the 60s - 70s of the XIX century administration in Bessarabia becomes identical with that in central provinces of the Russian Empire. Administration in Bessarabia was an obedient instrument in carrying out the Russian colonial policy in the region. Russian autorities permanent objects were making Bessarabia dependent on them discreditation of the national system of administration, disregard of the local administrative institutions and practic, subestimation of Moldovan laws.

As a result of the Russian-Turkish war in 1806-1812 the Moldovan territory between the rivers Prut and Dniester, later called Bessarabia, was annex by the Russian Empire. The administrative policy of the Russian authorities in Bessarabia was closely connected with the progress and the foreign policy course of the Russian Empire. As Basarabia bordered in the West on the Russian Empire it had a great political and military importance being treated as a possible springboard for attack on Balkan. The process of administrative establishment in Bessarabia dependent upon the propesed objectives in foreign policy and upon the Empire`s political interests. The implementation and consolidation process of the Russian administrative system in Bessarabia can be divided into three distinct periods. The first period - from 1812 to 1818. A temporary system of administration has been institued which was similar to that existent in Moldova, the idea of a continuation of the administrative system being accredited. In the period of administrative authonomy (1818-1828) the Suprem Council has been established, which was the suprem administrative and juridical body in Bessarabia. At the same time, administrative institutions characteristic of the Russian system of administration were founded in the region. The last period between 1828 and 1917 is the final period in the process of consolidationof Russian administration in Bessarabia. With the foundation of the administrative system according to "The Locality" from 1828 the implementation of Russian administrative structures in the region ends, but some exeptions. After the realization in the region of administrative reforms in the 60s - 70s of the XIX century administration in Bessarabia becomes identical with that in central provinces of the Russian Empire. Administration in Bessarabia was an obedient instrument in carrying out the Russian colonial policy in the region. Russian autorities permanent objects were making Bessarabia dependent on them discreditation of the national system of administration, disregard of the local administrative institutions and practic, ubestimation of Moldovan laws.