SOME THEORETICAL AND PRACTICAL ASPECTS REGARDING PUBLIC SERVICE
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Authors:
• Luciana BEZERITA - TOMESCU, PhD Lecturer, email: luciana.tomescu@gmail.com, Afiliation: “Athenaeum” University – BucharestPages:
• 25|36 -
Keywords: public service, public interest, principles, rights and freedoms of citizens, public services fee
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Abstract:
We proposed in this article, based on the legal and scientific significance of the concept of public service and continuing with the analysis of features bearing value of principles thereof, enshrined in the doctrine, a wider definition of the concept, in that it designates the work carried out to meet the needs of legitimate public interest, circumscribed to the fundamental rights, freedoms and duties of citizens, a definition we laid down in the conclusions in relation to the provisions of the Administrative Litigation Law no. 544/2004, Art. 2 par. (1) m) concisely defining the term public service. Focusing mainly on public services provided by central specialized autonomous bodies, we presented and commented in the paper Constitutional Court Decision no. 448/2013 regarding the objection of unconstitutionality of the provisions of Art. 40 par. (3) of Law no. 41/1994 on the organization and functioning of the Romanian Radio Broadcasting Corporation and the Romanian Television, whereby the Court found the constitutionality of these provisions, to the extent that the fee for public broadcasting and television services applies only to businesses that benefit from these services, and the Constitutional Court Decision no. 486/2014 on the same subject. Thus, we wanted to reveal the perpetuation of some unconstitutional illegal administrative practices, having been sanctioned repeatedly by the Constitutional Court through the rulings and by the administrative litigation courts referred to by legal entities for payment of fees related to public services they did not benefit from.
