Particularities of the Exercise of the Public Service by the Military

Abstract

Abstract The achievement of the public interest by the state implies the enduing with public prerogatives of certain persons, who, in the exercise of the public function and by fulfilling the conditions provided by law, acquire the quality of civil servants. The regulation of the public office in Romania offers both a general perspective, through the Statute of the Civil Servants, which since the adoption of the Administrative Code in 2019 is an integral part of it, and a particular perspective, embodied by the special statutes of certain professional categories that exercise the public office in a specific regime, derogating from the general rules. Law no. 80/1995 regulates the Statute of Military Personnel and, through the conditions of exercising the stipulated duties and rights, confers a special indisputable status to military personnel. However, the provisions of the same law do not establish the quality of civil servants of the military, this quality being established by juridical interpretation.