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CERTAIN ASPECTS REGARDING SPECIAL REGULATIONS RELATED TO THE EMPLOYMENT, PROMOTION AND TRANSFER OF CONTRACTUAL STAFF IN THE PUBLIC SECTOR FROM ROMANIA
Abstract
As its content itself stipulates, as a rule, the provisions of the Romanian Statute of Civil Servants approved by Law no. 188/1999, republished, do not apply to contractual staff employed in public authorities and institutions own bodies and who carry out secretarial, administrative, protocol, management, maintenance-repair, supply and security activities and to other staff categories who do not have public authority prerogatives. Therefore, with regard to contractual staff, the legal relationship developed between this staff category and the public authority or institution is a work relationship governed by employment legislation, namely în Romanian legislation The Employment Code approved by Law no. 53/2003, republished, with its subsequent alterations and completions, but also by common law norms in terms of legal liability of this staff category in the public administration. However, one can note that the legal status of contractual staff in the Romanian public administration is also governed by special norm type regulations and, following recent legislative changes such as those in Law no. 129/2017 regarding the approval of Emergency Government Ordinance no. 1/2017 for establishing measures in the field of central public administration and for altering and completing certain laws, some provisions in the Romanian Statute of Civil Servants also apply to those staff categories in the public administration. These aspects will be analysed in the present study, with the personal conclusions of the author.
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References19
Vedinaș, V., Drept administrativ, Universul Juridic Publishing House, Bucharest, Romania, 2017, p.285; Clipa, C., Drept administrativ. Teoria funcției publice (II, Hamangiu Publishing House, Bucharest, Romania, 2013, p.84.
Published in Romania’s Official Gazzette no. 365 of 29 May 2007, with its subseuent alterations and completions.
The text of the law also stipulates other staff categories in the public administration, to whom the Statute of Civic Servants does not apply, such as: staff employed, based on personal confidence, in a high official’s office; the magistrates’ body; teaching staff; individuals assigned or elected in public office.
Cătană, E. L., Drept administrativ. C.H. Beck Publishing House, Bucharest, Romania, 2017, p.197.
Government Decision no. 286/2011 for the approval of the Framework-Regulation regarding establishing the general principles for gaining a temporary or permanent position according to contractual functions and professional rank or level promotion criteria for contractual staff in the public sector, financed by public funds, published in the Official Gazette of Romania no. 221 of 3 March 2011, with subsequent alterations and completions.
Published in Official Gazette no. 597 of 13August 2002, with subsequent alterations and completions.
Art. 22 of Framework-Regulation approved by Government Decision no. 286/2011
Art. 24 par. (1) thesis I and par. (4) of Framework-Regulation approved by Government Decision no. 286/2011.
Cătană, E. L., Drept administrativ. C.H. Beck Publishing House, Bucharest, Romania, 2017, p.199.
Art. 41 par. (1) of Framework-Regulation approved by Government Decision no. 286/2011.
Published in Romania’s Official Gazette no. 49 of 21 January 2015.
For details, see Cătană, E. L., Drept administrativ. C.H. Beck Publishing House, Bucharest, Romania, 2017, p.200.
Law no. 129/2017 was published in Romania’s Official Gazette no. 422 of 08 June 2017.
Trăilescu, A, Drept administrativ, C.H. Beck Publishing House, Bucharest, Romania, 2010, p.154.
http://www.cdep.ro/proiecte/2017/000/00/2/em5.pdf, accessed on 15 March 2018.
Except from memorandum of reasons on law draft for the approval of E.G.O. no. 1/2017 (after approval - Law 129/2017), pp.5-6, published on http://www.cdep.ro/proiecte/2017/000/00/2/em5.pdf, accessed on 15 March 2017.
Vedinaș, V., Statutul funcționarilor publici. Comentarii, legislație, doctrină și jurisprudență/Public Servant Staff Regulations. Comments, legislation, doctrine and jurisprudence, Second edition, Universul Juridic Publishing House, Bucharest, Romania, 2016, p.243.
Apostol Tofan, D., Drept administrativ, vol.I, C.H. Beck Publishing House, Bucharest, Romania, 2014, p.399.
We specify that assignment, for instance, is regulated in a different manner in Law 188/1999, republished, compared to the regulation contained by the Employment Code; for details on assignment according to the Employment Code, see Lipcanu, E., Considerații în legătură cu detașarea salariaților în Codul muncii/Considerations concerning the posting of workers in the Labor Code, in Dreptul nr.1/2013, p.110-123.
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