EIRP Proceedings, Vol 4 (2009)

Abstract

It is the social practice which has determined the civil society to request from the public authorities, through all means, to ensure a high level of quality for the professional services of the personnel from the public area. Consequently, the Romanian legislator has been preoccupied of elaborating the appropriate juridical norms which could determine the respective staff to cases where the staff's liability might be involved; insofar the personnel's duty should not be performed at an appropriate quality standard. The professional evaluation is the mean through which the
legislator has thought of taking the best action in order to prevent the defaulting performances and in order to determine the appropriate rewarding of those who have a high conscience of their duty. Still, more and more litigations which appear to be submitted to the judgment of the administrative
contentious courts have as their object the contestation forwarded versus the qualifications received a result of professional evaluations. This work aims to analyze the measure into which the administrative contentious courts are an appropriate mean of preventing the abuse of law, the mala
fide, the personal subjective attitude manifested in the matter of the evaluation of professional efficiency, with the purpose of infringing the principle of stability into a public appointment by the shielding use made of the legality principle. Some suggestions de lege ferenda are formulated.