STATUTUL VICEPRIMARULUI VERSUS STATUTUL ADMINISTRATORULUI PUBLIC. STUDIU DE CAZ

The study briefly analyzes the status of the deputy mayor in relation to the status of the public administrator in order to debate a possible conflict between them. The similarities and differences
between these two functions are highlighted.
The delegation of attributions by the mayor is discussed from the perspective of the possibility for the mayor to appoint like substitute the public administrator during his vacation. There are three situations provided by law in which the deputy mayor becomes the legal substitute of the mayor presented in detail in the study: the vacancy of the position of mayor; the suspension from office of the mayor and the cases of impossibility to exercise the mandate by the mayor. In any other situation, there is no legal provision for the deputy mayor to become the legal substitute for the mayor.
Two issues need to be debated in this context, namely: identification of the status of the public administrator in the public administration staff and like a consequence, the legal nature of the
management contract concluded by public administrator with the mayor. Finally, it is argued the impossibility of suspending the addendum to the management contract, under the conditions of Article 14 of the Law on Administrative Litigation.