GENERAL OVERVIEW ON MATERIAL-FUNCTIONAL CONCEPTION OF THE STATE ADMINISTRATION

Rezumat

"The science of administrative law has accepted the view that the expression 'administration' has two basic meanings. Firstly, according to one of them, the term administration implies a certain circle of entities/executors (bodies or organizations), as a rule, within the state apparatus, which are different from other executors of state activity by being entrusted with the function of administration. Secondly, the term administration indicates a specific type of activity, which, due to some of its specific features, differs from other state activities.

In the first instance, where the notion of administration is determined by the viewpoint of the executors-entities (bodies and organizations) performing administrative activity, the theoretical concept of the so-called concept of management in formal-organizational terms is applied. In the other case, where the function or the content of administrative activity is taken as the basis for determining the notion of administration, the theoretical notion of administration in a material-functional sense comes into play.

While the functional concept of administration tends to determine what state administration does (its composition, activity, or function), the organizational concept should determine who does it. Accordingly, there are two special considerations of state administration: first, as a certain system of administrative organizations, i.e., as one single state instrument in formal-organizational terms, and second, as a separate form of state activity, meaning a system of certain functions in a material-functional term.

The basic innovation that determines the role of administration in contemporary conditions is that it does not appear as an exclusive bearer of power or an empire, but as a system of organs whose main purpose is the enforcement of laws. This is done under strong and continuous supervision from the government, parliament, and the judiciary, with the aim of simplifying and efficiently realizing and protecting the freedoms and rights of citizens."