Antonie Iorgovan Tratat De Drept Administrativ Pdf 20

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Antonie Iorgovan Tratat De Drept Administrativ Pdf 20: A Review of the Fourth Edition of the Treatise on Administrative Law

The Treatise on Administrative Law by Antonie Iorgovan is one of the most comprehensive and authoritative works on the subject in Romania. The fourth edition, published in 2005 by All Beck, consists of two volumes and 1348 pages. It covers all the main aspects of administrative law, from its general principles and sources to its specific institutions and procedures.

The author, who passed away in 2006, was a renowned professor of administrative law and a former member of the Constitutional Court. He was also involved in drafting some of the most important legal acts in the field of public administration, such as the Law on Local Public Administration, the Law on Civil Servants, and the Law on Administrative Litigation. His treatise reflects his extensive knowledge and experience, as well as his original and critical approach to the subject matter.

The treatise is divided into two volumes: the first one deals with the introduction to administrative law, the organization of public administration, and the civil service; the second one focuses on the forms of realization of public administration, such as public domain, public service, administrative liability, and administrative litigation. The author provides a thorough analysis of each topic, supported by relevant references to legislation, doctrine, jurisprudence, and comparative law. He also offers his own opinions and suggestions for improving the legal framework and practice of administrative law in Romania.

The fourth edition of the treatise incorporates the changes brought by the revision of the Constitution in 2003, as well as by other legal acts adopted afterwards. It also takes into account the developments in administrative law at the European and international level, especially in relation to human rights protection, decentralization, transparency, and good governance. The author updates his previous editions with new information and critiques, while maintaining his distinctive style and perspective.

The treatise is a valuable resource for students, scholars, practitioners, and anyone interested in administrative law. It offers a comprehensive and authoritative overview of the field, as well as a critical and original contribution to its development. It is a testament to the legacy of Antonie Iorgovan, who was one of the most influential and respected figures in Romanian administrative law.

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One of the main topics discussed by the author in the first volume of the treatise is the concept of public authority and its relation to the powers of the state. He criticizes the idea that only the government and the ministries belong to the executive branch, while excluding the president, who has not only executive but also legislative prerogatives. He argues that "the head of state has always had legislative powers, mainly the power to promulgate laws, but he was never excluded from the executive branch, whether he was called King or President" (vol. I, p. 127).

Another important issue addressed by the author in the first volume is the distinction between general and special administrative law. He suggests that it would be more appropriate to speak about administrative litigation law and administrative contravention law, given that these are two branches of law that regulate specific types of administrative disputes. He also points out that there is no clear boundary between general and special administrative law, as some institutions and principles are common to both.

In the second volume of the treatise, the author examines in detail the various forms of realization of public administration, such as public domain, public service, administrative liability, and administrative litigation. He explains the legal nature, characteristics, and functions of each form, as well as the rights and obligations of the public authorities and the private persons involved. He also compares the Romanian legal system with other European and international models, highlighting the similarities and differences.

One of the most significant contributions of the author in this volume is his analysis of the new Law on Administrative Litigation no. 554/2004, which replaced the previous Law no. 29/1990. He praises some of the innovations introduced by the new law, such as the extension of judicial review to all acts and actions of public authorities, the possibility of awarding damages for unlawful administrative acts, and the simplification of procedural rules. However, he also criticizes some aspects of the new law, such as the lack of clarity regarding some concepts and terms, the inconsistency with other legal acts, and the potential conflicts with constitutional provisions.

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