Brief Considerations on Deconcentrated Public Services as a Consequence of Coming into Force of the Emergency Ordinance number 37 from 22.04.2009 Concerning Certain Measures of Improving the Activity of Public Administration

AuthorElena Emilia Ştefan
Pages239-245

Elena Emilia Ştefan. Assistant, Law Faculty, “Nicolae Titulescu” University, Bucharest (e-mail: stefanelena@gmail.com).

Page 239

Introduction

Deconcentration, descentralization, these are the key words in matter o administrative organization.The exception is represented by the authorities which are leading the state (The President of the Republic, The Prime-Minister, ministers). Any other administrative authority is, in principle put either in a deconcentration statute, or in a descentralized one.”1

The principle of the deconcentration of the public services is a new concept, which is not stipulated by the 1991 Romania’s Constitution, being used the terminology of descentralization of public services.

By explicitly introducing in the review of the Constitution the deconcentration of public services as a distinct principle in relation to decentralization and local autonomy, it meets the need for scientific rigor, referred repeatedly to current doctrine in this matter2

Deconcentration is an interim measure in the process of decentralization is regarded as transfer of power from center to power the central leadership at the various local bodies.

Between territorial deconcentration and decentralization should not be put equal sign. They have items that you like and elemnte they differ fundamentally. What unites them is that the decision is taken by an authority that is implanted in the territory.

What distinguishes them is the different nature of the case which decizia.În deconcentration, an organ of state, and in the case of decentralization, an autonomous body elected by the local community.

Officers of the territory, where deconcentration, there are simple tools of the center, they have a specific skill, they have powers and responsibilities3

Page 240

Literature review

Public services issues has been the subject of studies worldwide especially in French law. Recall in this connection as follows: Rene Chapus, general administrative Droit, Tome I, 7th edition, Paris, Montchrestien 1992, pag.312.

Also in the national literature highlight a number of studies dealing with: decentralization, deconcentration and public deconcentrate, as follows: Vergina Vedinaş, Administrative Law, Legal Publishing World, ed II, Bucharest 2006, pag.317, Antonie lorgovan, The Treaty of Administrative Law, Vol I, ed 4, Ed All Beck, Bucureşti 2005, p. 459, Apostol Dana Tofan, Administrative Law, Vol I, 2nd Edition Ed CH Beck, Bucharest 2008, pag.258, Cristian Ionescu, The Treaty of contemporary constitutional law, Ed All Beck, Bucharest 2003, p. 95, Vergina Vedinaş, Administrative Law, Universe Publishing Law, ed 4-a, Bucureşti 2009, pag.390, Jean Vermeulen, Status of civil servants, Bucharest, Institute of Fine Weather Charts, 1933, page 309.

The notion of deconcentrated public service Provisions of Government Emergency Ordinance no. 37 of 22 April 2009
1. The concept of deconcentration, decentralization and deconcentrated public services

According to the 120 article from the Romanian Constitution “the local public administration in the territorial administrative unities is based on the following principles4: descentralization, local autonomy and the deconcentration of the public services”.

The present law of descentralization5 in article 2, letter j defines deconcentration as being: “the redistribution of administrative and financial competences by the ministries and the other speciality mechanisms of the central public administration towards it’s own speciality mechanisms from the territory”.

Concerning the term of “the descentralization of the public services6”, used in it’s initial variant of the Constitution, as the doctrine hurried to specify immediately after it’s come into force, strictly scientifically it was about “deconcentration of the public services” because there were taken into consideration at first the services which were exterior, to the ministries, meaning the branches from the territory of the ministries, which remain vertically subordinated to these ones, and horizontally subordinated to the prefect.

In addition can be about the establishment of public services at local level. The deconcentrated public services are administrative structures through which the ministries and other central mechanisms realize their attributions given by the law.

We are thus establishing that an effect of the deconcentration is the one that the central power gives up of a part of it’s prerogatives, which are distributed to a series of local public authorities.7

Due to the fact that between the central power and the one from the territory there is a relation of hierarchical subordination, the deconcentrated authority is dependent of a hierarchic superior which has hole right of canceling it’s decisions8.

Page 241

2. Aspects related to the publishing in the Romania’s Official FFICIAL Gayette Part I nb 264/22.04.2009 oh the Governement’s Emergency Ordinance nb. 37 from 22.04.2009 concerning certain measures of improving the activity of the public administration

Briefly illustrate the order in the ordinance that it has a number of five articles which have references to the Statute of Civil Servants the Teachers Staff’s Statute and other precautions.

2.1. Through this normative document Law nb.188/1999 concerning the Statute of Civil Servants is modified, establishing that the organization for the recruitment of candidates for the vacancies in the local and central public institutions and authorities as well as for the deconcentrated public services of the ministeries and of other speciality mechanisms of the central public administration from the territorial-administrative unities are coming into being in the following way: the committee named through the Prime Minister’s decision, according to the law, for senior officials: by the The National Agency Of Civil Servants for the leading general...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT