Administrația ca putere publică

Codrin Dumitru MUNTEANU

Abstract


In order to accomplish the state’s political power, irrespective of its form of organization, a “specialized mechanism” had to be developed by the state power with the task to execute and to implement the political decisions. This need justifies the conclusion according to which the administrative phenomenon was generated by the occurrence of the state entity. Although interconnected, either from a historical or from a functional point of view, the notions of state and administration do not overlap (they are not synonyms). The state is not an executive power; it does not have a purely executive function, as the executive power is not limited to public administration. However, the public administration is responsible for the implementation of the state’s executive function within the framework of the executive power. Regardless of whether we consider the executive power as a primary force, resulting from the direct application of the principle of separation of powers in a state, or as a derivative of the regulatory power, it is essential to establish its affiliation to the sovereign authority, a constitutive element of the state, along with the nation and the territory. The existence of the executive power within the framework of the sovereign authority confers not only legitimacy in organization and action thereon, but also the prerogatives of public power necessary to exercise its function. The above mentioned attributes affect directly the administration, seen as an annex or a form of manifestation of the executive power, in case of which public administration may be considered a derivative power of the state.


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