Law Review International Journal of Law and Jurisprudence Online Semiannually Publication published by Union of Jurists of Romania and Universul Juridic Publishing House e-ISSN 2246-9435
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GENERAL OVERVIEW ON MATERIAL-FUNCTIONAL CONCEPTION OF THE STATE ADMINISTRATION

Blerton SINANI

 The science of administrative law has accepted the view that the expression "administration"

has two basic meanings: firstly, according to one of them, the term administration implies a certain
circle of entities/executors (bodies or organisations), as a rule, within the state apparatus, which are
different from other executors of the state activity by being entrusted the function of administration;
secondly, by the term administration, a specific type of activities is indicated, which, according to
some of its specific features, differs from other state activities. In the first instance, where the notion
of administration is determined by the viewpoint of the executors-entities (bodies and organisations)
performing administrative activity, the theoretical concept of the so-called the concept of
management in formal-organisational terms. In the other case, where the function or the content of
the administrative activity is taken as the basis for determining the notion of administration, the
theoretical notion of administration in a material-functional sense comes into light. Whilst the
functional concept of the administration tends to determine what the state administration does (what
it consists of, what kind of activity or function), the organisational concept should determine who
does it. Accordingly, there are two special considerations of the state administration: first, i.e., as a
certain system of administrative organisations, i.e., as one single state instrument (formal-organisational
term) and, second, as a separate form of state activity, meaning, system of certain functions
(material-functional term). Basic innovation that determines the role of the administration in
contemporary conditions is that it does not appear rather as an exclusive bearer of power, an empire,
but as a system of organs whose main purpose is the enforcement of laws, under strong and continuous
supervision of the government, parliament and the judiciary, and for the purpose of simplifying and
efficient realisation and protection of freedoms and rights of the citizens.
 

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