215/2001, that was republished, modified and added to1), which provides that both
communes and cities, municipalities and counties are administrative-territorial
units where local autonomy is exercised and public administration local
authorities are organized and carry out their function.
Administrative-territorial units are public law legal entities2), and possess the
– they have full legal capacity and their own patrimony3);
– are legal subjects of fiscal law, own company registration code and
accounts created at the local treasury and banks;
– have rights and obligations that result from agreements regarding
administration of public and private domain goods or from other legal
relationships with private individuals or legal entities;
– in court, they are represented by the Mayor, or depending on the case, by
the President of the Local Council.
Firstly, it needs to be mentioned that the local public administration authorities
that are organized and function in administrative-territorial units (communes, cities,
municipalities, and counties) are, as follows: communal, city, and municipality local
councils as deliberative authorities, and Mayors and local councils presidents as
executive authorities. Their mission is to achieve local autonomy in administrative-
territorial units, that is, to solve public issues in communes and cities4).
1) Law of local public administration no. 215/2001, published in the “Official Gazette of
Romania”, Part I, no. 204 of 23 April 2001, republished in the Official Gazette of Romania, Part I,
no. 123 of 20 February 2007, with consequent modifications and additions.
2) See art. 21 of Law no. 215/2001, republished, with consequent modifications and additions;
we also mention the provisions of the new Civil Code, art. 189 which provides that ”Legal entities
can belong to Public or Private Law”, and details of this legal provisions are to be found in Title
IV of the new Civil Code.
3) To this purpose, see art. 5 paragraph 1 of Government Ordinance no. 53/2002 on the
Framework-status of administrative-territorial unit, published in the “Official Gazette of Romania”, Part
I, no. 633 of 27 August 2002; Government Ordinance no. 53/2002 was endorsed with modifications
and additions through Law no. 96/2003, published in the “Official Gazette of Romania” Part I, no. 195
of 26 march 2003; we also consider relevant provisions of art. 31 of the new Civil Code, which
provides as general norm that ”Any private individual or legal entity owns a certain patrimony”.
4) For details regarding local autonomy as a principle of organization and functioning of local
public administration, see A. Iorgovan, Tratat de drept administrativ, volume 1, 4th edition, All Beck
Publishing House, Bucharest, 2005, pp. 770-782; V. Vedinaş, Drept ad ministrativ, 7th edition, revised
and updated, Universul Juridic Publishing House, Bucharest, 2012, pp. 425-429; R.N. Petrescu, Drept
administrativ, Hamangiu Publishing House, Bucharest, 2009, p. 56; I. Nedelcu, Drept administra tiv şi
elemente de ştiina administraiei, Universul Juridic Publishing House, Bucharest, 2009, pp. 260-261;
B. Vasilescu, Drept administrativ, Bachelor’s degree course, 2nd edition, Universul Juridic Publishing
House, Bucharest, 2011, pp. 245-249; M. Voican, Principiile cadru ale administraiei publice locale,
Universul Juridic Publishing House, Bucharest, 2008, pp. 50-83.