Human Resources Management within Civil Service

The main objective of this article is to examine the notion of management, as an area of study which analyses, regulates and renders the theoretical and technical support in order to provide rationality within the processes that unfold in the civil service. In order to accomplish this task, human resources management will be analyzed as a process which relies in exerting four main functions: ensuring, developing, motivating and maintaining the human resources, which are conditioned by external factors that must be taken into consideration, such as: legislative framework, labor force, unions, cultural context (here one includes management practices and philosophy), and economic circumstances. All these factors are considered to have a significant impact on the management of human resources

The Legal, Administrative and Managerial Aspects of the Civil Servic

The main objective of this article is to identify and capture the defining notion of the public function available within the Romanian and foreign doctrines. Nonetheless, due to the complexity of the subject covered in this article, a complete understanding of the notion as well as conducting a robust research will only be possible by meeting the following secondary objectives: identifying and analyzing the particularities of the public function notion defined in the literature, both from a judicial and administrative perspective; identifying and analyzing the legislative framework which differentiates the responsibilities and attributions of a public function, in order to exercise the public function prerogatives and to meet the general interests of society. In elaborating the scientific approach, an analysis of the available documents and legislation, as well as a review of the literature corresponding to this area of expertise were conducted. Upon finishing this article, the reader will be able to have a clear image of what the public function means from the administrative, judicial and managerial standpoint

Le Statut du Procureur en Roumanie. Le Procureur: Magistrat Ou Agent Exécutif ?

The current status of the prosecutor in Romania is without doubt a composite: the status of a magistrate and of an executive agent at the same time. First and foremost, this situation arises from the provisions of the Constitution, detailed in the subsequent legislation. It should be noted that the two distinct legal features cannot be reconciled inside one single institution with competencies of the kind the prosecutor has. The article 131 of the Constitution, and the article 4 (1) of the Law no. 303/2004 provide that the judiciary activity, the Public Ministry represent the general interest of the society and defend the public order, as well as the rights and liberties of the citizen. Nevertheless, even the denomination of Public Ministry points towards the executive nature of the members of the Ministry. Thus, the prosecutor holds an mandate the Constitution explicitly formulates. Following the same course of ideas, the article 132 of the Constitution provides that the prosecutors function on the basis of the principle of legality, impartiality and hierarchical control; hence the only conclusion that can be drawn is that the later cannot characterise the statute of a magistrate. The motivation is offered by the European Court of Human Rights in the case Vasilescu vs. Romani

The Legal, Administrative and Managerial Aspects of the Civil Service

The main objective of this article is to identify and capture the defining notion of the public function available within the Romanian and foreign doctrines. Nonetheless, due to the complexity of the subject covered in this article, a complete understanding of the notion as well as conducting a robust research will only be possible by meeting the following secondary objectives: identifying and analyzing the particularities of the public function notion defined in the literature, both from a judicial and administrative perspective; identifying and analyzing the legislative framework which differentiates the responsibilities and attributions of a public function, in order to exercise the public function prerogatives and to meet the general interests of society. In elaborating the scientific approach, an analysis of the available documents and legislation, as well as a review of the literature corresponding to this area of expertise were conducted. Upon finishing this article, the reader will be able to have a clear image of what the public function means from the administrative, judicial and managerial standpoint

Factors Influencing the Capacity of Anticorruption Law Enforcement Bodies in South East European Countries

The main objective of this paper is to present a regional perspective regarding the independence of judiciary system, based on the magistrates’ perception. Taking into consideration that the independence of judiciary is a concept which has to be not only guaranteed by constitutional and statutory provisions, but mostly perceived as a functional reality, the present article analyses the factors which influence the capacity to act efficiently of the judicial structures in South East European countries. The article is presenting ones of explanation for low capacity to fight corruption in this region of Europe. The analyse is built on a sociological survey conducted in nine countries from the standpoint of the hierarchical relationships and of the guarantees of operational and professional independence, legislative framework, resources as well as the relationship between justice and the society. The data used in this articles provided by the study “Integrity and resistance to corruption of the law enforcement bodies in South East European countries”. The concluding remarks are based on questionnaires sent out to judges and prosecutors and emphasis cultural, managerial and functional aspects of judicial system, exposed by magistrates themself

STATUTUL PROCURORULUI ÎN ROMÂNIA

The current status of the prosecutor n Romania is without doubt a composite one: the status of amagistrate and of an executive agent at the same time. First and foremost, this situation arises from theprovisions of the Constitution, detailed in the subsequent legislation. It should be noted that the two distinctlegal features cannot be reconciled inside one single institution with competencies of the kind the prosecutorhas.The article 131 of the Constitution, and the article 4 (1) of the Law no. 303/2004 provide that thejudiciary activity, the Public Ministry represent the general interest of the society and defend the public order,as well as the rights and liberties of the citizen. Nevertheless, even the denomination of Public Ministry pointstowards the executive nature of the members of the Ministry. Thus, the prosecutor holds an mandate theConstitution explicitly formulates; he is part of a defined interest, and, albeit this interest is general, herepresents only one plate of the scales. Following the same course of ideas, the article 132 of the Constitutionprovides that the prosecutors function on the basis of the principle of legality, impartiality and hierarchicalcontrol; hence the only conclusion that can be drawn is that the later cannot characterise the statute of amagistrate. The motivation is offered by the European Court of Human Rights in the case Vasilescu vs.Romania

Human Resources Management within Civil Service

The main objective of this article is to examine the notion of management, as an area of study which analyses, regulates and renders the theoretical and technical support in order to provide rationality within the processes that unfold in the civil service. In order to accomplish this task, human resources management will be analyzed as a process which relies in exerting four main functions: ensuring, developing, motivating and maintaining the human resources, which are conditioned by external factors that must be taken into consideration, such as: legislative framework, labor force, unions, cultural context (here one includes management practices and philosophy), and economic circumstances. All these factors are considered to have a significant impact on the management of human resources

Influencing Factors upon the Capacity of Anticorruption Law Enforcement Bodies in South East European Countries

The present article analyses the factors which influence the capacity of acting efficiently in the judicial structures of Albania, Bosnia Herzegovina, Bulgaria, Croatia, Macedonia, Moldova, Montenegro, Romania and Serbia, from the standpoint of the hierarchical relationships and of the guarantees of operational independence, based on the study “Integrity and resistance to corruption of the law enforcement bodies in South East European countries”. The concluding remarks are based on a set of 1023 sociological research questionnaires sent out to judges and prosecutors of all nine states, which reveal certain aspects regarding the hierarchical relationships, professional independence, legislative framework, resources as well as the relationship between justice and the society. The operational capacity is affected in these countries by factors pertaining to the organizational culture and breaches in regulations which lead to the inefficiency of the accomplished commitments