Constitutional Court Jurisprudence and Its Role in Shaping Public Administration Reform in Romania

Abstract

This article aims to investigate the jurisprudence of the Constitutional Court regarding the public administration reform in Romania. We take into consideration the motivation of the public authorities involved in the law-making process, as well as the interpretation of the judges of the Constitutional Court concerning the legislative steps regarding the adoption of an Administrative Code, decentralization, the transfer of competences, the status of civil servants, and finally the legal regime of the newly established or reorganized institutions/authorities. The study also evaluates the steps to reform the public administration concerning the observance of the principles of constitutional loyalty, the separation of powers, the supremacy of the Constitution, and the role of the Parliament.