STABILITY OF PUBLIC OFFICE, A CURRENT PRINCIPLE?

Since the first law regarding the public office, The Status of Civil Servants – Law No. 188/1999, the principle of stability was mentioned among the basic principles in connection with the public office. The law not only proclaimed it, but set a group of dispositions aiming to protect the career of the civil servant. Also, through the provisions of the same law, the National Agency of Civil Servants was established. The body of civil servants was also established, as an entity for selecting occupants of vacant public offices from the group of civil servants that lost their position for reasons that were not attributable to them. The Constitutional Court valued the principle when, through Decision No. 1257/2009, ruled that some public authorities are fundamental institutions of the state and their legal status include their structure, operations, competences, number and status of personnel that cannot be changed easily. In spite of all these, governments have learned to minimize the principle of stability of public office, one of the causes being the absence of solid legal dispositions opposing this.