Legal security in the context of public administration evolution: from hierarchical to managerial model

Abstract

The article analyses the expression of legal security principle and the possibilities of its application in a context of public administration model transformation, moving from a traditional, hierarchical and centralized management and long-term civil service career system which is characteristic to continental Europe to Anglo- Saxon, decentralization, privatization, institutions‘ economic efficiency and direct civil servant responsibilities and reforms of new public management featuring contraction, but on the other hand, caused doubts in such fields like education, health or social sphere on the business’ possibilities to orient at public interest and assurance of universal legal security principle. Legal security on a state level is especially important to ensure the civil rights (in a context of rendering public services), strengthen the trust in the country and its institutions as well as for a harmonious economic development of the country. This is supported by researches that show that countries in which the legal security principle is undeclared, but functioning optimally attract higher investment from abroad. A theoretical analysis revealed that exists a problem related to the formalization of legal security principle and its applicability in situations that do not fit into traditional legal frames, which makes its adaptation difficult to implement, especially in the context of traditional public administration. This model also presupposes various defensive mechanisms for assurance of legal security. [...]