Part III

This paper analyzes the transition from a civil service subordinate to political power to a neutral, independent civil service. The study examines the legal provisions governing the civil service in Romania, which reflect this evolution following the 1989 Romanian Revolution. It aims to illustrate the current state of the civil service in Romania in light of the transition from the old legislation to the current laws.

The analysis is conducted in comparison with France, with the aim of highlighting the relationships between the Romanian model and a Western model of public service. The author shows that the development of a new civil service in Romania has faced a dual constraint: on the one hand, the need to adapt to the Western model, and on the other hand, the need to take into account the specific interests of a state undergoing democratic transition.

The provisions regarding public service are examined in light of judicial practice, which highlights the challenges involved in implementing these provisions.