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
SUMMARY

The present study proposes to identify part of the problems that appeared in administrative practice and to offer possible solutions or interpretations. The identified problems, generated by numerous changes in society, oblige the lawmaker to adapt the legislations so that the social values find the needed defense through law, but also in other normative documents. State practice in general and... (see full summary)

 
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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.

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