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Constitutional references related to the guarantee of the right of a person aggrieved by a public authority in Romania

Catalin-Radu Pavel ()
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Catalin-Radu Pavel: Lawyer, Bucharest Bar Association

Juridical Tribune (Tribuna Juridica), 2018, vol. 8, issue 1, 114-129

Abstract: The aim of this piece of research is to analyse the constitutional references of Article 52 of the Constitution of Romania, namely the guarantee of the right of a person aggrieved by a public authority. Therefore, the guarantee of this fundamental rights helps ensure the good administration of the rule of law, the respect for the legitimate rights and interests of Romanian citizens and, implicitly, of Romanian businesses environment. Good administration concerns the interest of both natural persons and legal persons who are engaged in the economic circuit and whose rights are granted by the fundamental law. Good administration is accomplished by granting the fundamental right of a person aggrieved through an administrative deed or through a request which was not settled within the legal time limit and, at the same time, by granting to that person a right to approach the competent authorities and to be entitled to obtain the recognition of the claimed right or of the legitimate interest, with the annulment of the deed and the repair of prejudice, respectively. The liability of the State for miscarriage of justice, as well as its right of recourse against the magistrates who acted in bad faith or serious neglect in their position are also granted. The methods used in drawing up this study are: the comparative method used to identify the right of a person aggrieved by a public authority in the Romanian Constitutions and in the Constitutions of other states, and the historical method, which was used in the analysis of the historical evolution of the studied field. The logical method served to analyse the current research in the field, while the sociological method helped to study social impact. The quantitative method was used to study the relevant applicable legislation. The results of this research have highlighted the current trends and the need of citizens and economic actors to benefit from good administration by public authorities. The implications of research for ensuring the good administration of citizens, economic agents and implicitly, of the business environment, reveals how important it is to ensure the supreme values, granted by the Constitution, namely the right of a person aggrieved by a public authority, a fundamental right analysed in this study.

Keywords: guarantee of the right of a person aggrieved by a public authority; good administration; Romanian businesses environment; ensuring the supreme values; fundamental right; Romanian Constitution. (search for similar items in EconPapers)
JEL-codes: K10 K23 K41 (search for similar items in EconPapers)
Date: 2018
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Handle: RePEc:asr:journl:v:8:y:2018:i:1:p:114-129