Unconstitutional Issues Regarding Legal Provisions Concerning Public Office

The paper draws attention on the recent amendments regarding the legal framework concerning public servants. Analyzing the provisions of the Government’s Emergency Ordinance no. 37/2009 and also of the Government’s Emergency Ordinance no. 105/2009, both of them modifyingthe Law no. 188/1999 regarding the public servants statute, we conclude that their purpose is to politicize the civil services and this aim is being achieved by means on the edge of legality. The headof the civil services are no longer public servants and are selected exclusively on political criteria. Consequently, politicizing civil services may only have a negative impact on public administrativereform and the incentive of the activity of civil services is far from being reached.