Considerations Regarding the Establishment and Modification, by Government Decision, of the Rules Regarding the Career and Mobility of Senior Civil Servants

Abstract

One of the categories of civil servants for whom essential changes in the applicable regulatory framework have taken place over time, is the category of senior civil servants. Many of these changes were determined by the interference between the members of this category and policy makers. The recent Government Decision no.934/2020, dedicated, amongst others, to the career and mobility of senior civil servants, was the starting point of our analysis that aims to answer some questions regarding especially the solutions chosen to regulate, at secondary level, the applicable regulatory framework. This endeavor takes into consideration the fact that several decisions of the Romanian Constitutional Court specify, for other categories of civil servants, that such rules are essential to the status of civil servant and that, in accordance with constitutional provisions, they must be regulated by Organic Law. At the same time, in our analysis we emphasize the importance of predictable regulations, given that legal uncertainty affects the career and, implicitly, the lives of senior civil servants, and we propose some solutions for a coherent regulation that provides legal security.