Separately from the assumption that the public authority has issued with a delay the answer to the application of the person concerned, in the administrative practice there is a situation which, due to its frequency, is likely to become a real phenomenon of the silence of the administration. It concerns the inaction of the administration that, separately from the classic situation represented by the passivity to answer to the applications of individuals, lies in its omission to act in the exercise of its legal competence or of the competence imposed by the administration itself, in this latter situation discussed a genuine „ex officio” inaction/silence, which in other countries not only is recognized, but it even benefits from a separate regulatory framework. Or, this assumption of the administration’s omission to act in order to carry out its legal competences or those established „ex officio” does not benefit in the Romanian law by a normative framework that would allow it to be challenged in the administrative disputes court, which determined us to also make a de lege ferenda proposal appeared from the undertaken analysis.

The objective of this short study is to answer a question: is there today a „contraventional law”, as a result of the fragmentation of the administrative law? Assuming the answer is affirmative, we must establish whether the contraventional law itself faces today a process of fragmentation, i.e. if we can talk, for example, about a road contraventional law, a contraventional law of competition, a fiscal contraventional law, etc.

This study, entitled „Harmonisation between tribunals. Some points of reference”, is dedicated to some considerations on the collaboration between the national tribunals, on the one hand, and the tribunals established at the level of the European Union – the Tribunal of Justice of the European Union and the European Court of Human Rights –, on the other. The author starts from the finding that the European citizens can protect their rights both through the courts in their own country and through the previously mentioned European courts.

The developments which the Romanian, European and international society has experienced, especially in the last decade, coincide with the 10th anniversary of our country’s accession to the European Union, requiring new approaches of the multiple dimensions which the integration process involves. The integration into the European Union, which has generated a series of changes at constitutional level, is also one of the objectives of Romania at international level. Likewise, the process of accession to the European Union has conferred to the Romanian citizens, inclusively, the right to participate in the European Parliament elections, both as candidates and as voters, according to Article 38 of the Romanian Constitution, republished. In this study, the author intends to discuss the problems of Romania’s accession to the European Union from the perspective of the constitutional provisions.

In the last decades, administrative law underwent a phenomenon of didactic fragmentation which nobody can ignore today. Numerous monographies within the doctrine of public law, whose purpose – stated in their own titles – is to treat, from multiple perspectives and in a more or less profound manner, (very) narrow subjects of administrative law, have invaded the book market. It happened not only in Romania, but also in France, a country which reasonably claims to be the homeland of administrative law as a branch of law, and therefore as a teaching subject, in its current European continental approach. This literary explosion went hand in hand with an unprecedented proliferation of master studies specializations offered by higher education institutions, in the area of administrative law and/or public administration. Are these phenomena able to fragment the theoretical discourse of administrative law in such a way that this subject loses its unity and, hence, ideological identity? Most likely not. The model proposed by us – that of the five ideological foundations of administrative law – seems to have the ability to prevent the undesirable result hereabove mentioned. With these five ideological foundations – the public administration, the public authority, the public service, the public interest and the public power – almost all the defining and descriptive equations of the major institutions of administrative law (such as the civil service, the public domain, the public enterprise, the unilateral administrative act, the administrative contract, the administrative litigation and public authorities’ financial liability for damage caused by their illegal acts) are likely to be solved. And if this is possible, then the idea of ideological unity/identity of the administrative law is safeguarded, despite the didactic fragmentation previously envisaged.

The complexity of the problem of configuration of the branches of law requires the recourse to various courts, which, without being infallible, can provide resources to legitimize a solution or another. In this regard, there may be invoked a series of coordinates such as the spirit of the law, as core of the legal knowledge, formed by the contribution of the fundamental concepts, of the principles of law and of its finalities, the interdisciplinary analyzes of the legal phenomenon or the meta-theoretical level of the scientific approach. With regard to this latter point of reference, we are trying to express wider considerations that emphasize plans of specificity, of customization and of specialization, but also processes of generalization and of integration. It is argued that any approach is entitled to cognitively participate in shaping the theoretical or practical solutions. However, no point of view can be declared unique, in a dogmatic, exclusive manner, or infallible, being necessarily open and capable to receive other information in critical or innovating terms, to convert them into a dialectical process of relative and imperfect knowledge, but always perfectible, in relation to a society and to a historical time.