Considerations about administrative decentralization and local autonomy in Romania

• Author: Catalin Silviu Sararu
• Position: Department of Law, Bucharest University of Economic Studies, Romania
• Pages: 596-607

Considerations about administrative decentralization

and local autonomy in Romania

Associate professor Cătălin-Silviu SĂRARU1

Abstract

Decentralization is not the opposite of centralization, but its diminution,

diminishing the concentration of powers. By means of decentralization certain public

services of local interest are transferred from the competence of the center to that of some

local public administration authorities, which have independence from the central power,

are autonomous and are not subordinated to it. The idea of decentralization implies the idea

of local autonomy. Local autonomy means the right and effective capacity of local public

administration authorities to solve and manage public affairs in the name of and in the

interest of the local communities they represent, under the law. In this article we analyzed

the legal means of achieving administrative decentralization and local autonomy in

Romania. At the end of the article we made some de lege ferenda proposals, considering that

the European principle of subsidiarity and the French model of the decentralization contract

should also be a reference point for the Romanian legislator.

Keywords: administrative decentralization, local autonomy, administrative

decentralization contract, subsidiarity principle, ad ministrative law.

JEL Classification: K23, K33

1. General considerations

The local public administration bodies have limited territorial competence

at the administrative-territorial unit in which they operate, unlike the central public

administration bodies, have a country-wide territorial competence.

In a democratic state, local government bodies have decision-making

autonomy and have their own resources. They cooperate with the central public

administration bodies and implement their regulations in full respect of the principles

of unity and indivisibility of the Romanian state provided by article 1(1) of the

Constitution.

The Constitution of Romania, in art. 120 regulates the basic principles of

local government. Thus, the public administration in the administrative-territorial

units is based on the principles of decentralization, local autonomy and the

deconcentration of public services. In administrative-territorial units where citizens

belonging to a national minority have a significant share, it is ensured the use of the

language of the respective national minority in writing and orally in the relations

1 Cătălin-Silviu Săraru – Department of Law, Bucharest University of Economic Studies, Romania,

catalinsararu@yahoo.com.