THE MILITARY COMMAND ACT IN THE LIGHT OF THE CONSTITUTIONAL PROVISIONS AND OF THE LAW ON ADMINISTRATIVE LITIGATION

Abstract

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.

Keywords

• 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