The Challenge of Autonomy: An Empirical Study of the Various Dimensions of Autonomy
| Author | Cristi Iftene |
| Pages | 486-499 |
Cristi Iftene. Ph.D. candidate, researcher Law and Administrative Science Faculty, Ovidius University, Constanta, Romania (e-mail: cristiiftene@univ-ovidius.ro).
Page 486
The purpose of this theme is represented by the research of certain institutions specific to the concept of administrative autonomy in direct correlation with the concept of state sovereignty and the relationship created between the two concepts.
Within this theme there will be considered the legal and doctrinal concepts regarding the administrative autonomy and its components. The theme also requires a comparative study regarding the evolution of the concept of autonomy in the context of different forms of polity, the relationship between administrative autonomy, decentralization/deconcentration, and regionalization.
The hereby project seeks to answer to several questions such as:
• What are the specific elements of administrative autonomy, and what are its benefits?
• What elements of the institutes declared autonomous allowed demonstrating their independence?
• What factors contribute to the brake down of the existence of the concept administrative autonomy?
• What factors have slowed down the process of self-governance and the decision within a certain area?
• What types of interest groups may affect the development of such a concept? The assumptions from which we shall start this study can be framed - but not limited - into the following limits:
• The autonomy based on a budgetary independence is much more profitable in comparison with that which is based on financial authoritarian rules, centralized. This indicates that there is a greater inclination towards the creation of institutions that are financially independent a legal support basis of the autonomous bodies.
• There is a strong correlation between the degree of autonomy and accountability of institutions. This suggests an effort in order to achieve a balance between the benefits of autonomy and creating tools that compensate for lack of a centralized social control.
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• Romania creates a balance between autonomy and social control in the majority of the institutions, which are subject of the research. However important imbalances and influences towards an autonomy in which the lack of accountability levels can be observed.
The research methodology of the proposed topic involves the use of certain tools such as:
• Documentary analysis: quantitative and qualitative
• Direct observation (external or participatory) of the administrative phenomenon.
• Consultation the official sources
Some authors divide the approach of the autonomy into four categories: a group compares the autonomy with the right to act discretionary in some circumstances. The right is, in this case possessed by an individual or by administrative organization. Others use the term as a synonym for independence. According to a third position autonomy is synonymous with decentralization, and a fourth opinion specifies that autonomous entities are those which have exclusive powers: legislative, administrative and judicial proceedings in specific areas. The latter is called political autonomy and it is the opposite of administrative autonomy, which is limited to the power within the scope of the government1.
Studying different theories and a fairly extensive casuistry, the authors mentioned above suggest a well defined description of the autonomy. Must however be mentioned that in practice there is a great difference between different cases; however following definition does not claim to reflect in an identical way all these different cases. A political territorial autonomy is a way by means of which to a group is guaranteed the liberty to express their identity, although they differ from the majority population in a state but at the same time they represent the majority in a certain region. Autonomy is a way of distributing the powers in order to preserve the unity of the state, while the diversity of its population is respected: it was a success in some cases and failure in others2.
According to Dworkin,3 autonomy acts as a moral aim, politically and socially. In all three cases there is an added value as things are seen through the prism of values, motivation and desires of the individual and how these elements are formed and polished4.
As a political ideal, autonomy is used as an argument against the form and the functioning of political institutions, which try to impose a set of values, attitudes and purposes to the citizens of the society. This can be imposed due to a theological or historical vision of a reliable society or by the accumulation of experience at the same time with human development. A government is required to treat its citizens in a neutral way, in the sense that they can not promote the interests of some or others. Moreover this idea was used by Dworkin in trying to sustain the idea of the existence of different rights.
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An important point in determining the autonomy is the division of powers between central and autonomous entities. The powers which the autonomy has are usually in relation with cultural, economical and social aspects. However there are different degrees of autonomy and the expanding of powers transferred to the autonomous authorities vary from very restrictive to very extensive and towards a large concentration of power essential in the mentioned areas. Usually security and foreign affairs are reserved in a restrictive way to the state, the central government; however in some cases autonomous organization has limited powers, in order to conclude international agreements and join international organizations. In some cases the central authorities consult the autonomous organization when it comes to take a decision that may affect the latter.
To avoid disputes and misunderstandings, it is important that the powers of a self to be defined as clearly as possible when they are established. In fact, typically there are four different areas of power that can be taken into account: powers that are reserved to central powers, powers transferred to autonomous powers in an integral way, parallel powers and powers which can be exercised jointly.
In some cases5, the central power determines the general policy in a number of areas in which the autonomous entity can develop and the local authority is authorized to be conducted within the limits of this general policy. In fact there is a need for a certain degree of cooperation, coordination and consultation between central authorities and the autonomous entity. This fact is crucial because it is understandable that there is a connection between the powers exercised by these entities. In addition certain powers may require a joint action.
Even if the transfer of powers is set out and described in meticulous way, when autonomy is established future difficulties can not be prevented. For example, there may be a discussion on what type of power can fit a certain function of one or other of the parties.
As I said the power of the autonomous entities usually include legislation, administrative and judicial powers in those spheres of responsibility transferred to it. However the power to judge often remains at the level of the central authority. The law of autonomous entities often requires confirmation from the central authorities, but this consent must be given (except where such legislation affects and undermines the security of the state or it can be accused of excess of power). We can speak about a necessary agreement to be issued by the center in accordance with the agreement of both parties.
A scheme of the autonomy may be established by international treaties6, by the Constitution, through statutes or subsequent regulations acts and, not least, by combining the aforementioned instruments. Perhaps even custom or habit may cover such situation7.
In an etymological word autonomy is derived from the Greek "auto", himself and "nomos" - a law or rule. Today the concept is used in three different branches of science: philosophy and its derivatives branches; 2. natural sciences and 3. law, political science and international relations. For philosophers autonomy is a characteristic of the person, who has the power to auto-manage through his own wit, through his own free will, “positive liberty" or "own master". In natural sciences the concept promotes the idea of organic independence or the condition of a phenomenon in accordance with its laws, without being the subject of certain regulations over himself.
In the domain of political science and legal autonomy there are more interpretations. Georg Jellinek8 describes an autonomous entity as being based solely on its laws, with all materials and functional attributes of power within a state: the authority to govern, to administer and to judge. Basically this can be synonymous with sovereignty.
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In the view of Paul Laband9 autonomy always includes the power of law but differs from sovereignty in the way that it can be exercised only within the limits established by its sovereign power.
An entity can be regarded as autonomy only when it has its own legislative, judiciary and administrative powers. Though it should be distinguished from the self (engl. self government) or administrative decentralization (administrative descentralization-fr.), a concept which implies the fact that the entity that auto-administrates is subordinate to a superior entity that could make this administration itself.
Though, there...
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