DECISION – MAKING IN PUBLIC ADMINISTRATION. PROLEGOMENA TO A MODERN PUBLIC ADMINISTRATION SPECIAL VIEW UPON THE ENACTMENT AND ENFORCEMENT OF LAW BY THE PRESIDENT OF ROMANIA
Field: Law, Administrative Law Candidate: University Professor Nedelcu Iulian, PhD Faculty of Law, University of Craiova
I. SUMMARY
A. Scientific, professional and academic achievements
1. Scientific achievements The habilitation thesis written 21 years after the doctoral thesis defence presents in a documented manner my professional achievements and scientific contributions throughout this period in the field of administrative law both as theoretician and practitioner. The first part of the habilitation thesis was dedicated to scientific and professional achievements. I evoked the teaching activity, which started in the year 1991 at the Faculty of Law within the University of Craiova, and which continues to this day. In the habilitation thesis I presented what it seemed important to remember from my personal scientific achievements. My scientific research was carried out in the field of civil law, constitutional law and, in principal, in administrative law and the science of administration.
a) Doctoral thesis
In the year 1995, on 14 April 1995, I publicly defended my doctoral thesis with the title „Study concerning the juridical effects of intentional fault and evasion of law in public and private law”, under the coordination of the University Professor Ion Dogaru, PhD, within ”Nicoale Titulescu” Faculty of Law, University of Craiova. Following the public defence of the Doctoral Thesis I was conferred the title of ”Doctor” in the field ”Law”, based on the Order of the Minister of Education no. 3944 of 4 May1995.
b) Publication of papers, books, monographs and articles
After obtaining the title of doctor of law, in the twenty one years of activity I presented and published in the country or abroad scientific papers in Romanian, French and English. The research activity in the legal field until now can be synthesised as it follows: publication of 19 books out of which 5 as sole author, 4 as coordinator and 10 as co-author; 11 articles published in collective volumes; 21 articles published in the volumes of international and national conferences, indexed in the international databases; The books were published at publishing houses recognized in the country: Universul Juridic, Universitaria, Themis, Sitech, Economică, Universitară Danubius, or abroad, such as C.H.Beck, All Beck, Wolters Kluwer. These books or contributions to books are in the following fields: Constitutional Law, Administrative Law and science of administration, Civil Law. On the other hand, the published articles/studies carried out in French or English are also in the databases available on Internet.
2. Professional achievements
a) Member in different research centres or institutes
By the Order of the Ministry of Home Affairs no.544/04.03.2015 I was appointed member of the Regional Centre of Continuing Education for Public Local Administration Craiova, subsequently confirmed by the Order of the Ministry of Home Affairs no.117/18.06.2009 on the approval of nominal composition of the Coordination Council of CRFCAPL CRAIOVA. In the year 2010 I was part of Dolj County Group for modernization of public administration according to annex no.1 to the Order of the Prefect no.147/2010. Since 2005 I am member of ”Paul Negulescu” Institute of Administrative Sciences Sibiu.
b) Member within institutional structures
Throughout my university career I acted and act at the level of different institutional structures as it follows: 1) trainer within the Romanian Notary Institute based on the Decision no.228/03.09.2010 of the Council of the National Union of Notaries Public in Romania; 2) lecturer at the National Institute for Professional Training of Lawyers 2009; 3) member of the Commission for the analysis of contestations regarding the decisions of the National Council for the Attestation of Titles of University Diplomas and Certificates appointed by the Order of MECT no.4315/03.06.2008 re-confirmed by the communication no.44132/01.10.2009 of M.E.C.I..
c) Member within Editorial Councils of some prestigious scientific magazines recognized or indexed by a recognized international database.
Within some prestigious magazines at national level in the legal field I held and hold important positions within their editorial board as it follows: - Member of the Editorial Board of the Journal for Juridical Sciences no.24(2)/2002, Themis Publishing House, Craiova, 2004, ISSN:1454-3699; - Member of the Editorial Board of the Journal for Juridical Sciences no.25(3)/2004, Themis Publishing House, Craiova, 2004, ISSN:1454-3699; - Member of the Editorial Board of the Journal for Juridical Sciences no.31/2004, Themis Publishing House, Craiova, 2004, ISSN:1454-3699; - Member of the Editorial Board of the Journal for Juridical Sciences no.3- 4/2005, Public Law, Themis Publishing House, Craiova, 2005, ISSN: 1454- 3699; - Member of the Editorial Board of the Journal for Juridical Sciences no.3/2006 (36), Public Law, Themis Publishing House, Craiova, 2006, ISSN: 1454-3699; - Member of the Editorial Board ”Sociology University Magazine” half-yearly publication, under the auspices of „Oltenia Social Institute” and of the Chair of Sociology, University of Craiova, included in the international database Genamics JournalSeek (New Jersey), Index Copernicus, GESIS, Genamics JournalSeek, as well as member of their Scientific Committee: - Member of the Scientific Board of the Magazine ”ACTA UNIVERSITATIS DANUBIUS” Danubius University of Galaţi, magazine rated by CNCSIS B+, no.1/2008, ISSN: 1844-8062; - Member of the Scientific Committee of the volume Administrative phenomenon and social dynamics, I. Nedelcu (coord), Universitaria Publishing House, Craiova, 2007, ISBN: 978-973-742-719-9; - Member in the International Scientific Committee of the volume European Integration – Realities and Perspectives, organized by Danubius University of Galaţi, ISBN: 978-606-533-013-9; - Member of the Scientific Committee of the volume Aspects regarding the harmonization of Romanian legislation with that of the Community: international session of student scientific communications Alba Iulia, 15-16 May 2009, I. Lazăr (coord), A. Hurbean (coord), I. Gânfălean (coord), Universul Juridic Publishing House, Bucharest, 2010, ISBN: 978-973-127- 313-6; - Member of the Scientific Committee of the volume Innovative aspects in the legislation of public procurement. Repercussions over the accessing and management of structural funds = Proceedings, I. Catană (coord), E. L. Catană (coord), Universul Juridic Publishing House, 2013, ISBN: 978-973- 127-713-4; - Member of the International Scientific Committee of the volume New regulations regarding public procurement. Impact over the absorption of structural funds within the context of administrative reorganization = Proceedings, I. Catană (coord), E. L. Catană (coord), Universul Juridic Publishing House, 2013, ISBN: 978-606-673-208-6; - Member of the International Scientific Committee of the volume Proceedings ”3rd Annual International Scientific Conference Sustainable development and life quality improvement in Albania, toward EU integration process”, Tirana, Albania 2015, ISBN:978-9928-187-25-3; - Member of the Scientific Board of the Magazine of the Academic Society of Administrative Sciences.
d) Grants and scholarships obtained
During the period 2006 – 2009, I coordinated, as project manager, the Project “Science and Orthodoxy. Research and Education” sub-theme ”Intellectual property reflected in civil law”, grant in amount of Eur 6.000 and carried out through the Association for Dialogue Between Science and Theology in Romania, University of Craiova, beneficiary, organizer of the competition John Templeton Foundation, USA. Also, as project manager, I obtained the Research Project with the theme “Administrative contentious in the European space”, grant in amount of lei 3.000, beneficiary, organizer of the competition UNBR, Mehedinți Bar – Contract no.2C/12.01.2006. In relation to the scholarships obtained, in the month of May 2005 I obtained a scholarship as visiting professor at the Faculty of Law of Trento, Italy, through SOCRATES programme, and on this occasion I had the privilege to disseminate my knowledge in the field of administrative law and compared European law.
d) Distinctions, titles, diplomas of honour
In the year 2003 the International Biographical Centre – Cambridge, England awarded me the ”Order of excellence, 2000 Outstanding intellectuals in the 20th century”, in the year 2004, the Union of Romanian Jurists awarded me the prize for the paper Civil Law. Treaty. Special contracts, University course, I. Dogaru (coord), All Beck Publishing House, Bucharest, 2004, ISBN 973-655-413- 9, 1295p. Also, as a recognition of the professional prestige I have, in the year 2009 I was awarded the Prize of Mihai Eminescu International Academy – for the section Legal sciences.
3. Academic achievements
a) Internal academic teaching activity
In the year 1978 I obtained the Bachelor’s degree in Law, specialization Administrative Economic Law at the Faculty of Law within the University of Bucharest and in the year 1983 the Bachelor’s degree of Law, at the Faculty of Law within Bucharest University. The title of doctor of law was conferred in the year 1995 following the public defence of the thesis “Study concerning the juridical effects of intentional fault and eviction to law in public and private law”, under the coordination of the University Professor Ion Dogaru, PhD. The teaching activity was carried out, most part of it, since 1991, when I worked as deputy lecturer at the Faculty of Law within the University of Craiova. Thus, in the activity carried out during the period 1991 – 1992 I elaborated university courses, being the course coordinator of the courses General Criminal Law and Administrative Law and I coordinated the activities of the related seminars. After the year 1992, as university lecturer, I held the tenure of the courses of Constitutional Law and Administrative Law until 2000. Since 2000 until now I am university professor and course coordinator of the course ”Administrative Law” and master’s degree courses: ”Local Public Administration”, ”President and presidential administration” at the Faculty of Law, respectively the Faculty de Social Sciences, University of Craiova.
b) External academic teaching activity
In regard of the external academic activity, I participated in international symposiums and conferences organised by foreign universities, among which the most important ones are: International Conference The Contemporary Development, Challenge and perspectives, University ACADEMI OF BUSINESS, Tirana, Albania, 14 June 2013 and Annual International Scientific Conference, ”Sustainable development and life quality improvement in Albania, toward EU integration process”, University ACADEMI OF BUSINESS Tirana, Albania, 25 April 2015.
c) Doctoral and post-doctoral research
In April 1991 I was admitted for the doctor’s degree, in the field of Civil Law, under the scientific guidance of University Professor Ion Dogaru, PhD at the Faculty of Law and Administrative Sciences within the University of Craiova, and then I elaborated the doctoral thesis with the title „Study concerning the juridical effects of intentional fault and evasion to law in public and private law”. The doctoral scientific research was carried out during a period of five years in the country, at the level of the faculty. In the year 1995 I obtained the title of doctor of law. The post-doctoral scientific research was carried out both in the country, at the level of the most important public faculties of law in the country, Craiova, Bucharest, Sibiu, as well as by external mobility, in the month of May of the year 2005 through the programme SOCRATES at the Faculty of Trento, Italy.
d) Participation in national and international conferences
Most of the conferences I participated in were organised within prestigious scientific manifestations under the auspices of the National School of Political and Administrative Sciences and the National Centre for Public Administration Bucharest (2001); S.N.S.P.A. – Faculty of Public Administration, Parliament of Romania – Commission for public administration, territorial development and ecological balance and the Training Centre for Public Administration (2002); Government of Romania with the support of the European Union and of the Government of the United States U.S.A.I.D. (United States Agency for International Development), Bucharest (2004); Ministry of Education and Research (2004); Danubius University of Galaţi (2009, 2011, 2012); University of Craiova (2003 – 2016), Faculty of Law and Université Jean Moulin Lyon 3 (2007); “1 Decembrie 1918” University of Alba Iulia (2008); Faculty of Economic, Juridical and Administrative Sciences, Târgu-Mureș in partnership with ”Pro Iure” Foundation (2010); Babeș-Bolyai University (2012), „Nicolae Titulescu” University of Bucharest (2013); ,,Alexandru Ioan Cuza” Police Academy, Bucharest (2013); Valahia University of Târgoviște (2013); Victor Dan Zlătescu Law Department, Faculty of Public Administration, Bucharest (2015); Paul Negulescu National Institute of Administrative Sciences – Sibiu (2003 – 2016), etc.
B. Plans for career evolution and development a) Plans for professional career evolution and development
In the process of development of the university professional career I propose to achieve the following specific objectives: to obtain the quality of doctoral advisor, to develop skills and techniques to teach in the current competence fields, to improve the use of foreign languages in teaching activity, to extend the specialist knowledge.
b) Plans for scientific and academic career evolution and development
Development of scientific and academic career will presuppose to achieve the following specific objectives: to develop scientific research activities both at individual level and within groups of researchers, to participate in internal and international scientific manifestations, to publish in specialised magazines or at prestigious publishing houses.
c) Research/teaching/practical applications directions and probable course of action for their implementation
The main research, teaching directions or where I intend to carry out practical applications in the field of administrative sciences. As means of action, I will participate in relevant research projects within the mentioned direction, especially by collaboration with researchers within other universities in the country or abroad and by undertaking internships in universities abroad. I will also try to publish the results of the researches in prestigious magazines or to perform sessions within specialised manifestations. I also propose to encourage and coordinate the students research activity, especially of master students and PhD students, as well as the future PhD students in order to help them acquire the skills necessary for a future independent research.