Cu privire la tendinţa administraţiei publice de a evolua în putere publică
Item
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Titlu
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Cu privire la tendinţa administraţiei publice de a evolua în putere publică
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Descriere
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In the classic constitutional concept, the administration represents the real executive power based on the public power procedures. In this conception, the administration is not the only duty of the Executive, but it is an exclusive one. As an argument of sustaining this idea, it is shown that the Executive, through Government, has a multitude of extra administrative duties, provided in the constitutional relationships with the Parliament or in the international ones. In the meantime, the Administration is the exclusive duty of the Executive, because it could not be exercised by the judicial power, legislative power according to the separation of powers in the state. Contemporary political West European regimes’ observation shows that all these concepts can be found in the institutional practices, proving that the Administration can be tempted to become the center of a distinctive power from the one of the Government. The politicians’ power depends on the length of their political mandate, which is precarious by its nature, depending on the elector’s willing, while a high public function and the civil servants’ positions can be sure of their permanency. Due to this reason, the Administration could stop being a simple function in the existing conditions but it could become a real public administrative power distinct from the executive one.
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Identificator
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CUŞMIR, Marcel, CUŞNIR, Corina. Cu privire la tendinţa administraţiei publice de a evolua în putere publică. In: Administrarea Publică, 2011, nr. 4(72), pp. 18-22. ISSN 1813-8489.
