THE TOPICALITY AND THE IMPORTANCE OF THE ADMINISTRATIVE AGREEMENT WITHIN THE ROMANIAN LAW

• Main Author: Elena Emilia ŞTEFAN
• Format: Article
• Language: English
• Published: Nicolae Titulescu University Publishing House 2014-05-01
• Series: Challenges of the Knowledge Society
• Subjects: public interest; administrative agreement; public service; legal fiction; Constitution.
• Online Access: http://cks.univnt.ro/uploads/cks_2014_articles/index.php?dir=03_public_law%2F&download=CKS+2014_public_law_art.041.pdf

The administrative agreement as a legal institution challenged a series of controversies within the legal literature. Nowadays, we observe that the activity of the public administration authorities also includes this legal category, so that we can assert that it has an increasingly share in areas such as delegation of public utilities services, public acquisitions, transport and others. Romanian legislation in the field of administrative law stands out through the lack of codification, which complicates such a scientific approach having as scope the analysis of the administrative agreements, similar to the civil law, for example. As we shall prove in this analysis, administrative agreements are distinguished by the rule of the priority of the public interest as against the contractual freedom.