THE MILITARY COMMAND ACT IN THE LIGHT OF THE CONSTITUTIONAL PROVISIONS AND OF THE LAW ON ADMINISTRATIVE LITIGATION
The military authorities are empowered to carry out a form of public administration, respectively to provide a public service called national defense, in exceptional circumstances, being at the same time the holders of the means of armed violence authorized by the state. At the same time, the discre...
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| Format: | Article |
| Language: | English |
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Nicolae Titulescu University Publishing House
2021-05-01
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| Series: | Challenges of the Knowledge Society |
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| Online Access: | http://cks.univnt.ro/download/cks_2021_articles%252F3_public_law%252FCKS_2021_PUBLIC_LAW_045.pdf |
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| _version_ | 1846146229964111872 |
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| author | Adelin-Mihai ZĂGĂRIN |
| author_facet | Adelin-Mihai ZĂGĂRIN |
| author_sort | Adelin-Mihai ZĂGĂRIN |
| collection | DOAJ |
| description | The military authorities are empowered to carry out a form of public administration, respectively to provide a public service called national defense, in exceptional circumstances, being at the same time the holders of the means of armed violence authorized by the state. At the same time, the discretion with which the military authority is legally determined to issue military command documents, exempted from forms of judicial control, must not lead to the violation of fundamental human rights, the whole activity being subordinated to the principle of legality. Not all acts of military authority concerning military relations are also acts of military command, especially those concerning military careers (promotions, promotions, secondments, appointments, transfers or retirements, etc.) or related to human resources management. (recruitment competitions, holding positions, participation in competitions, change of profile, etc.). The acts of military command are those issued for the needs of the war and justified by it, both in time of peace and in time of war. The military command is endowed with absolute state force, the non-observance of its dispositions attracting the criminal responsibility reserved for the crimes of insubordination. |
| format | Article |
| id | doaj-art-772697333adf4a539a79f424c54afd62 |
| institution | Kabale University |
| issn | 2068-7796 |
| language | English |
| publishDate | 2021-05-01 |
| publisher | Nicolae Titulescu University Publishing House |
| record_format | Article |
| series | Challenges of the Knowledge Society |
| spelling | doaj-art-772697333adf4a539a79f424c54afd622024-12-02T04:22:59ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962021-05-01141694699THE MILITARY COMMAND ACT IN THE LIGHT OF THE CONSTITUTIONAL PROVISIONS AND OF THE LAW ON ADMINISTRATIVE LITIGATIONAdelin-Mihai ZĂGĂRIN0PhD Candidate, Faculty of Law, „Nicolae Titulescu” University form Bucharest (e-mail: adelin_zagarin@yahoo.com)The military authorities are empowered to carry out a form of public administration, respectively to provide a public service called national defense, in exceptional circumstances, being at the same time the holders of the means of armed violence authorized by the state. At the same time, the discretion with which the military authority is legally determined to issue military command documents, exempted from forms of judicial control, must not lead to the violation of fundamental human rights, the whole activity being subordinated to the principle of legality. Not all acts of military authority concerning military relations are also acts of military command, especially those concerning military careers (promotions, promotions, secondments, appointments, transfers or retirements, etc.) or related to human resources management. (recruitment competitions, holding positions, participation in competitions, change of profile, etc.). The acts of military command are those issued for the needs of the war and justified by it, both in time of peace and in time of war. The military command is endowed with absolute state force, the non-observance of its dispositions attracting the criminal responsibility reserved for the crimes of insubordination.http://cks.univnt.ro/download/cks_2021_articles%252F3_public_law%252FCKS_2021_PUBLIC_LAW_045.pdfmilitary authoritiesmilitary command actend of inadmissibilitymilitary actionstroop leadershipsanctioning decisionsdecisions and decisions of appointmentannual evaluationsadministrative contracts concluded by military structures |
| spellingShingle | Adelin-Mihai ZĂGĂRIN THE MILITARY COMMAND ACT IN THE LIGHT OF THE CONSTITUTIONAL PROVISIONS AND OF THE LAW ON ADMINISTRATIVE LITIGATION Challenges of the Knowledge Society military authorities military command act end of inadmissibility military actions troop leadership sanctioning decisions decisions and decisions of appointment annual evaluations administrative contracts concluded by military structures |
| title | THE MILITARY COMMAND ACT IN THE LIGHT OF THE CONSTITUTIONAL PROVISIONS AND OF THE LAW ON ADMINISTRATIVE LITIGATION |
| title_full | THE MILITARY COMMAND ACT IN THE LIGHT OF THE CONSTITUTIONAL PROVISIONS AND OF THE LAW ON ADMINISTRATIVE LITIGATION |
| title_fullStr | THE MILITARY COMMAND ACT IN THE LIGHT OF THE CONSTITUTIONAL PROVISIONS AND OF THE LAW ON ADMINISTRATIVE LITIGATION |
| title_full_unstemmed | THE MILITARY COMMAND ACT IN THE LIGHT OF THE CONSTITUTIONAL PROVISIONS AND OF THE LAW ON ADMINISTRATIVE LITIGATION |
| title_short | THE MILITARY COMMAND ACT IN THE LIGHT OF THE CONSTITUTIONAL PROVISIONS AND OF THE LAW ON ADMINISTRATIVE LITIGATION |
| title_sort | military command act in the light of the constitutional provisions and of the law on administrative litigation |
| topic | military authorities military command act end of inadmissibility military actions troop leadership sanctioning decisions decisions and decisions of appointment annual evaluations administrative contracts concluded by military structures |
| url | http://cks.univnt.ro/download/cks_2021_articles%252F3_public_law%252FCKS_2021_PUBLIC_LAW_045.pdf |
| work_keys_str_mv | AT adelinmihaizagarin themilitarycommandactinthelightoftheconstitutionalprovisionsandofthelawonadministrativelitigation AT adelinmihaizagarin militarycommandactinthelightoftheconstitutionalprovisionsandofthelawonadministrativelitigation |