Corrections and completions that are imposed to constitutional dispositions and normative documents in the matter of local public administrations in Romania

• Author: Mihai Cristian Apostolache - Mihaela Adina Apostolache
• Position: Oil-Gas University of Ploiesti, Economics, Marketing and Business Administration Department - Oil-Gas University of Ploiesti, Economics, Marketing and Business Administration Department
• Pages: 19-36

Corrections and completions that are imposed to constitutional

dispositions and normative documents in the matter

of local public administrations in Romania

Lecturer PhD Mihai Cristian APOSTOLACHE

1

Lecturer PhD Mihaela Adina APOSTOLACHE2

Abstract

The present study proposes to identify part of the problems that appear ed in

administrative pra ctice a nd to offer possible solutions or interpr etations. The identified

problems, generated by numerous changes in society, oblige the lawmaker to a dapt the

legislations so that the social values find the needed defense through law, but a lso in other

normative documents. State pra ctice in general a nd administrative pra ctice especially have

highlighted that an a mbiguous stipulations can lea d in many situations, to divers

interpreta tions or institutional b lockages. Also, a dministra tive la cunas crea te serious

difficulties, especially in the domain of local public a dministra tion, in the activity of

author ities and institutions of loca l level. It is thus imposed to find via ble solutions in

concorda nce with society development, in permanent sta te of change .

Keywords: legislation, local public a dministration, controversy, administrative

practice, solutions.

JEL Classification: K23

I. Preliminaries

The law, said an author3, can survive only if it is actual, and it cannot be

actual if the sense given is a past due one, that is gone, and that might have become

meanwhile, antisocial.

Starting from this finding, we shall try in the present study to bring forward

to the attention of the doctrine a series of constitutional or legal dispositions, that,

in time, have lost meaning, or their sense does not correspond to the social reality

they regulate, or generate diverse interpretations. We have focused our attention on

some constitutional and legal dispositions that regulate the domain of local public

administration and which’s existence in the Romanian j uridical order is no longer

justified because of the dynamics of social relations but also of the administrative

practice an of the judicial instances.

1 Mihai Cristian Apostolache - Oil-Gas University of Ploiesti, Economics, Marketing and Business

Administration Department, mihaiapostolache5@yahoo.com

2 Mihaela Adina Apostolache - Oil-Gas University of Ploiesti, Economics, Marketing and Business

Administration Department, mihapostolache@yahoo.com

3 Mihai Constantinescu in Ioan Muraru, Mihai Constantinescu, Simina Tnsescu, Marian Enache,

Gheorghe Iancu, Interpretarea Constituiei. Do ctin şi practic, Lumina Lex Publishing House,

Bucharest, 2002, p. 123.

Volume 3, Issue 2, December 2013 Juridical Tribune

20

II. General appreciations regarding the necessity of improving

the legislative framework

Before effectively going the subject approach, we wish to make some

general appreciations regarding the necessity of improving the legal framework.

The rapidity of the changes and transformations from the social environment

generally, and from the state life especially, obliges the empowered authorities to

create norm that defend certain social values, to keep pace with the permanent

changes in society and with the challenges determined by the European integration

process. As now, rightfully, some authors

4 claim, the adherence of Romania to the

European Union at January first 2007 is not resumed to transposing some

community legislative dispositions in internal law, but presumes correctly applying

on a national plan of the respective norms and acquiring an “European culture” by

embracing the promoted values at an European level by national authorities and

public institutions in Romania, including those found close to the citizen. Only

that, at a European level, the changes linked to the political strategy to priorities, to

ensuring stability and that the said values are continuous, fact that lead to changes

of optics and, most of the time, of legislation at the level of each member state of

the European Union. As example, the political priorities of the year 2013 at an

European level are: “Citizenship of the European Union”, “Creating a space of

liberty, security and justice”, “Economic growth” and “Europe in the world”. The

difficult economic situation at an European level has imposed adopting new

emergency measures to surpass the crisis and to have a economical re-launch,

measures that have made their presence felt inside each member state, including

under a normative aspect. Also, the new multi-annual European budget for the

2014-2020 period answers to today’s preoccupations and tomorrow necessities,

being built in such a way that it has an important impact on the European citizens.

Furthermore attracting and spending European funds, but also judicial usage of the

national and local funds is done through developing our country’s administrative

capacity, it is natural to concentrate our attention on means to improve or

administrative capacity, and one of the methods is adapting the legislation, process

doubled by the repositioning of the human, his rights in the center of public

policies. Besides this, the complex European construction, from a basic local level

to a super state union level, is centered on the idea of affirming and guaranteeing

the human rights5, idea that has represented a permanent objective of the

community institutions6.

An incoherent legislation, unpredictable, anchored in the past does nothing

else but to affect, through applying it, the human rights, the well functioning of the

public administration and the institutional reports between different public

4 Ioan Muraru in Ioan Muraru, Elena Simina Tnsescu, Constituia României. Comentariu pe

articole, C.H.Beck Publishing House, Bucharest, 2008, p. 673.

5 Co rneliu-Liviu Popescu, Autonomia local şi integrarea european, All Beck Publishing House,

Bucharest, 1999, p. 331.

6 Idem, p. 334.