EIRP Proceedings, Vol 9 (2014)

Abstract

The current social, economic and political status determined the issue of O.U.G 74/13 which regards some measures for improvement and re-organization of the activity of National Agency of Fiscal Administration, also for modification and completion of some legal acts and of H.G 520/2013 regarding organization and operation of National Agency of Fiscal Administration, legal acts which even if they are suppose to reform the administrative system, they reflect some problems regarding the  legality of the release from the office of the public clerks, this measure being applied arbitrarily and discretionary, violating at the same time the right to work of the public clerks. The present work analyses some aspects regarding the legality of applying two legal acts issued by the Government, which are O.U.G 74/2013 and H.G. 520/2013, which were considered by the issuer as being necessary in relation to the process of re-organization of activity of National Agency of Fiscal Administration. We are analyzing at the same time all the irregularities found in practice, because applying the O.U.G 74/2013 and H.G. 520/2013 generated discriminations, on one hand caused by the confusion determinate by the writing of the legal acts, and on the other hand, by the enforcement of some legal provision which generated an conflict with other legal acts. Even though the main purpose of these legal initiatives was to reform, restructure and reorganize the activity of National Agency of Fiscal Administration, enforcing these legal acts led to a series of illegal acts even abusive, which violates the fundamental rights ensured by the Constitution, referring to the right to work, and also the guarantees offered by the law 188/1999R regarding the Status of Public Clerks.