ICDT

The legality-opportunity relationship in the administrative act and the identification of risk factors for the assurance of efficient management

This project was funded as a result of winning the UniTBv Competition Grants for interdisciplinary teams, 2018.

The duration of the project is 12 months (February 2017 - February 2018), with a budget of 46.000 RON.

The main objective of the project consists in the development of the necessary framework for assisting the local public administration authorities, their subordinate or coordinated structures (i.e. institutions, government business enterprises, commercial companies, etc.) and their employees in identifying the extreme situations that jeopardize the legality-opportunity relationship and in detecting the risk factors that generate this sort of situations which can be prevented for the assurance of efficient management.  

The secondary objectives of the project are: the constitutional and legal identification – also with reference to the international, European and national legislation of other states – of the main operational concepts namely: legality, opportunity, efficient management, as well as of the secondary ones: i.e. impartiality, objectivity, decisional transparency, legitimate public interest, legitimate private interest; the identification of criteria to establish the ratio between legality and opportunity, to distinguish between legality and opportunity, especially several criteria for ascertaining opportunity; the identification of the necessary criteria for assessing the limitations of the incidence of other branches of law such as contravention law, financial law, criminal law, civil law, criminal and civil procedure in analyzing the relationship between legality and opportunity in the administrative act; the identification and study of the economic, financial, social, psychological, moral and professional ethics risk factors which have a negative impact on the ratio between legality and opportunity; the creation of the necessary framework for implementing, in support of the local public administration authorities, the generally acknowledged principles of administration governance for efficient management; the identification of a set of guidelines of best practice that ought to be observed by the local public administration authorities for the prevention of risks and of those situations that have a negative impact on the legality-opportunity ratio of their activity. 

The envisaged results of this project are: drafting, presenting and publishing studies and articles on the topic of the research project at relevant scientific events from the field or in journals of law which are acknowledged according to the CNADTCU standards; devising a guide that comprises: aspects of law and jurisprudence regarding legality and opportunity and the relationship between them with reference to the administrative act; the risk factors with a negative impact on this legality-opportunity relationship; a set of guidelines of best practice for local public administration for the optimal regulation of the legality-opportunity relationship in the administrative act and for the achievement of efficient management; the dissemination and implementation of the obtained results.

• Project members:

- Lecturer Dr. Oana Șaramet, Department of Law, Faculty of Law – project manager;

- Lecturer Dr. Ioana Atudorei, Department of Social Sciences and Communication, Faculty of Sociology and Communication;

- Lecturer Dr. Ana-Maria Bolborici, Department of Social Sciences and Communication, Faculty of Sociology and Communication;

- Lecturer Dr. Ramona Ciobanu, Department of Law, Faculty of Law;

- Lecturer Dr. Cătălina Georgeta Dinu, Department of Law, Faculty of Law;

- Assistant Lecturer Dr. Cristina Dinu, Department of Law, Faculty of Law;

- Lecturer Dr. Constantin Ioan Gliga, Department of Law, Faculty of Law;

- Assistant Lecturer Dr. Laura Manea, Department of Law, Faculty of Law;

- Lecturer Dr. Cristina Mihaela Salcă-Rotaru, Department of Law, Faculty of Law;

- Assistant Lecturer Dr. Bianca Georgeta Spîrchez, Department of Law, Faculty of Law;

- Assistant Lecturer Silviu Dorin Şchiopu, PhD candidate, Department of Law, Faculty of Law.