Considerations regarding the unconstitutionality of articles 55¹ and 99¹ of the law on local public administration

Author:Mihai Cristian Apostolache - Mihaela Adina Apostolache
Position:Petroleum Gas University of Ploiesti, Romania - Petroleum Gas University of Ploiesti, Romania
Pages:131-137
SUMMARY

Since its entry into force and to date, Law no. 215/2001 on local public administration has undergone many amendments and completions. One of the questionable additions to this act is done by GEO (OUG) no. 41/2015, a regulation which brought two new articles to the body of the framework-law on local public administration, i.e. Article 55¹ and Article 99¹ . These two articles regulate a unique way ... (see full summary)

 
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Considerations regarding the unconstitutionality of articles 55¹ and 99¹
of the law on local public administration
Associate professor Mihai Cristian APOSTOLACHE
1
Associate professor Mihaela Adina APOSTOLACHE
2
Abstract
Since its entry into force an d to date, Law no. 215/2001 on local public
administration has undergone many amendments and completions. One of the questionable
additions to this act is done by GEO (OUG) no. 41/2015, a regulation which brought two
new articles to the body of the framework-law on local public administration, i.e. Article
55
¹
and Article 99
¹
. These two articles regulate a unique way of establishing the local or
county council, namely by reconstituting these autonomous collegial bodies. This article
examines the legislative intervention made by GEO no. 41/2015 and highlights the
unconstitutionality aspects of this legislative intervention , recommending the legislature to
urgently repeal the regulations governing the reconstitution of the local and county
councils.
Keywords: local administrati on; deliberative authority; election; reconstitution;
unconstitutionality.
JEL Classification: K10, K23
1. Preamble
By adopting the Emergency Ordinance no. 41/2015
3
, the Government of
Romania has completed several normative acts, among which there is Law no.
215/2001
4
on local public administration. GEO no. 41/2015 was approved,
subsequently, by the Parliament with amendments and completions, by Law no.
112/2016
5
. The framework-law on local public administration was completed with
two articles, Article 55¹, respectively Article 99¹. These articles introduced in the
law, refer to two of the three cases of rightful dissolution of the mandate of the
local or county council provided by Article 55 paragraph 1, letter a) and b) of the
law on local public administration. This is the situation in which the local or county
deliberative does not meet in session for two consecutive months, even though the
convocation was made under the law, and that in which the respective authority has
not taken any decision in three consecutive ordinary meetings. The third case of
1
Mihai Cristian Apostolache- Petroleum-Gas University of Ploiesti, Romania, mihaiapostolache5
@yahoo.com.
2
Mihaela Adina Apostolache- Petroleum-Gas University of Ploiesti, Romania, mihapostolache
@yahoo.com.
3
Published in the Official Gazette of Romania, Part I, issue 733 of 30 September 2015.
4
Republished in the Official Gazette of Romania, Part I, issue 123 of 20 February 2007.
5
Published in the Official Gazette of Romania, Part I, issue 408 of 30 May 2016.

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