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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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Volume VII, special issue 2, posted at 29th of March 2017

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Summary

Articles (Studies, discussions, comments)

LEGAL ISSUES CONCERNING JUDICIAL CONTROL OF THE LEGALITY OF NORMATIVE ADMINISTRATIVE ACTS IN THE REPUBLIC OF MACEDONIA

Blerton SINANI

JUDICIAL INDEPENDENCE AND THE RULE OF LAW

Elena CONSTATIN

THE SCOPE OF APPLICATION OF FUNDAMENTAL RIGHTS GUARANTEED BY EUROPEAN UNION LAW ON MEMBER STATES' ACTION. SOME JURISPRUDENTIAL LANDMARKS

Constanţa MĂTUŞESCU

MULTIANNUAL DYNAMIC INDICATORS FOR HUMAN RESOURCES MANAGEMENT PLANNING IN JUDICIAL SYSTEM

Teodor Victor ALISTAR

ADMINISTRATIVE JUSTICE AS A TOOL OF HUMAN RIGHTS PROTECTION

Maria ORLOV

Mariana IANACHEVICI

HUMAN DIGNITY IN THE CRIMINAL PROCESS

Ramona CIOBANU

OPTIONS FOR INDEPENDENCE OF PROSECUTORS IN EXERCISE OF JUDICIAL FUNCTIONS, CURRENT SITUATION AND REMEDIES

Cristian Vasile BITEA

Teodor Victor ALISTAR

NEW YORK DECLARATION FOR REFUGEES AND MIGRANTS. A NEW WORLD PACT TO A SAFE, ORDERLY AND REGULATED MIGRATION – A MORAL AND HUMANITARIAN CHALLENGE

Claudia Elena MARINICĂ

HUMAN DIGNITY IN ROMANIAN LAW

Elena-Mihaela FODOR

THE EVOLUTION OF MULTIPLE DISCRIMINATION TODAY

Roxana MOISOIU

THE RIGHT TO HAPPINESS AT WORK: THE PERSPECTIVE OF THE ROMANIAN LEGISLATION

Radu Razvan POPESCU

RELIGIOUS FREEDOM: PROMOTING PEACE AND HUMAN DIGNITY THROUGH RELIGION

Remus MARIAN

TOWARDS A GLOBAL PACT FOR THE ENVIRONMENT

Irina MOROIANU ZLATESCU

IMMIGRANTS IN SEARCH OF DEMOCRACY AND HUMAN RIGHTS

Lucia-Stefania AVRAM

THE DEVELOPMENT OF THE COMMON EUROPEAN ASYLUM SYSTEM FROM MINIMAL TO COMMON STANDARDS

Petru Emanuel ZLATESCU

MIGRATION. A CHALLENGE TO INTERNATIONAL STABILITY AND RESPECT FOR HUMAN RIGHTS

Claudia Elena MARINICĂ

INTERNATIONAL PROTECTION IN THE EUROPEAN UNION

Alexandra BUCUR

NEW TENDENCIES IN PUBLIC ADMINISTRATION DEVELOPMENT

Ioana Cristina VIda

THE PURPOSE OF A EUROPEAN MINISTER OF ECONOMY AND FINANCE AND ITS IMPACT ON ROMANIAN PUBLIC FINANCE LAW

Emil BALAN

Marilena ENE

ASPECTS OF COOPERATION BETWEEN THE PARLIAMENT AND THE GOVERNMENT REGARDING EUROPEAN AFFAIRS

Dragoș-Adrian BANTAȘ

NEW TENDENCIES IN PUBLIC ADMINISTRATION DEVELOPMENT- COMPLEXITY OF PUBLIC ADMINISTRATION IN THE LIABILITY AREA

Ioana-Cristina VORONIUC

THE LEGALITY PRINCIPLE IN THE ACTIVITY OF THE PUBLIC ADMINISTRATION – CROSSING BETWEEN ENVIRONMENTAL PROTECTION AND POLITICAL NEGLIGENCE. A CASE STUDY

Andrea KAJCSA

GENERAL OVERVIEW ON MATERIAL-FUNCTIONAL CONCEPTION OF THE STATE ADMINISTRATION

Blerton SINANI

THE RISE OF THE EUROSCEPTICISM AND THE BAD COMMUNICATION BETWEEN ELECTED AND APPOINTED ELITES AND CITIZENS

Marcela Monica STOICA

MANDATORY CLAUSES IN THE PUBLIC PROCUREMENT CONTRACT

Mihaela V. CARAUSAN

EXTREME WEATHER EVENTS IN URBAN AREAS. A LEGAL VIEW

Maria FODOR

Victor Marcusohn

SHORT COMPARATIVIST APPROACHES REGARDING THE GENESIS AND EVOLUTION OF THE URBANIAM IN POLAND AND FRANCE

Sonia Andreea STOICA

ASPECTS REGARDING THE RELATIONSHIP BETWEEN HUMAN RIGHTS AND THE ENVIRONMENT

Oana Maria HANCIU

FREE COUNSELING OF INDIVIDUALS IN THE FIELD OF TAXATION

Florin-Ionel TRUŞCĂ