CAN A NATIONAL SECRETARY WORKING FOR A PUBLIC INSTITUTION SUBORDINATED TO THE ROMANIAN GOVERNMENT BE CONSIDERED A CIVIL SERVANT?
Keywords:
civil servants, officials, individual administrative act, motivation, revocation.Abstract
The specialized practice often raised the issue of ambiguity between the terms of civil servants and officials, this matter being the sensitive issue of our case. However, according to Law 176/2010 regarding the integrity in performing public positions and dignities, amending and supplementing Law no. 144/2007regarding the establishment, organization and functioning of the National Integrity Agency, the provisions of this law shall apply under the provision of article 1 paragraph 31 to persons with management and control duties, as well as to civil servants, including those with special status who operate in all central or local public institutions or, as appropriate, in all public institutions.This material aim is to analize specific differences between public positions and dignities in order to prove if a national secretary working for a public institution subordinated to the romanian government could be considered a civil servant.References
Podaru, O., (2007), Actul administrativ. Forma si elemente de forma, Studia Universitatis Legal, UBB, no. 2/2007.
Iorgovan, A., (2005), Tratat de drept administrativ, volume I., 4th edition, All Beck Publishing House, Bucharest.
Coman Kund, L, Coman Kund, Fl, (2013), Drept administrativ, Sinteze teoretice si exercitii practice, Universul Juridic Publishing House, Bucharest.
Apostol Tofan, D, Drept administrativ, volume. I, 3rd edition, C.H. Beck Publishing House, Bucharest.
Vedinas, V, (2009), Statutul functionarului public, Universul Juridic Publishing House, Bucharest.
Alexandru, I, (2003), Administratia publica si politica, RDP, no 2/2003.
Law no. 188/1999, Public Servants Regulation.
Decision no. 334 of 26 June 2013 on the unconstitutionality of the provisions of the Law, amending and supplementing the Law
No.3/2000 on the organization and conduct of the referendum published in the Official Gazette No. 407 of 07.05.2013).
HG no.239 /2001 regarding the organization and functions of Public Works Ministry .
Law 176/2010 regarding the integrity in performing public positions and dignities.
