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Considerations on the Relationship between Jurisprudence and the Way of Law’s Interpretation by the Public Administration

Author(s): Emil Balan | Gabriela Varia | Marius Vacarelu

Journal: Acta Universitatis Danubius : Juridica
ISSN 1844-8062

Volume: 7;
Issue: 2;
Start page: 68;
Date: 2010;
Original page

Keywords: jurisprudence | judicial power | good administration

The paper aims at answering the question of the relationship between jurisprudence and the way law is interpreted by public administration in the conditions of respecting good administration’srequirements. The research is grounded upon previous studies published in the framework of the project “The right to a good administration and its impact on public administration’s procedures”(code PN II IDEI 698/2007) financed by the Romanian National Research Council (CNCSIS) and is based on comparative and interdisciplinary approaches of public administration and administrative law. The present research concludes in favor of a special role ensured for the legal norms’interpretation effectuated by justice reported to the ones given by public administration. Theimplications of such interpretations translates themselves in reducing the number of judicial causes generated by conflicts of juridical interpretation and ensuring a good administration throughobservance of beneficiaries’ legitimate expectations. The research addresses both academics and practitioners in the field of justice and public administration, bringing to their attention a newapproach of the relationship between justice and public administration in the process of law implementation.
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