Preliminary observations on the delegation of powers to national and european union level

• Author: Silviu Alexandru Lazarescu Simion
• Position: PhD student
• Pages: 21-24

PRELIMINARY OBSERVATIONS ON THE DELEGATION OF POWERS TO

NATIONAL AND EUROPEAN UNION LEVEL

PhD student Silviu Alexandru LZRESCU SIMION

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Abstract

In the context of Romania's accession to the European Union, ha ve cr eated the conditions to issue a new

category of delegation of powers at the national level, used in the management of EU funds. Thus, delegation under

delegation agreements concluded between ministries function with role management author ities and legal entities

subordinated, coordination or subordination or coordination outside a hiera rchy is a concrete way to exercise the

powers conferr ed by the provisions Romania Community and pursue assimilated by delegating tempor ary

administrative office.

Keywords: delegation, agreement, subsidiary, shared mana gement, skills

JEL Classification: K23

How applicable national legal administrative delegation relate to the accession of

Romania to the European Union only two types of delegation: delegation of signature,

administrative operation does not alter the distribution of powers of delegation and delegation of

power. With the distinctive features impersonal character, devolution will manifest the transfer of

administrative functions, administrative operation embodied in the instrument of delegation or

temporary transfer of powers, duties or functions.

Constant practice reveals a rigid central administration used, in the legal act of delegation,

due to lack of power. Central authorities are constantly resorting to the legal system of delegation

only to situations where the volume of tasks is very high.

At EU level, delegation of powers must be reported to two dimensions. A dimension

averted aimed delegation conferred by the European Parliament and the Council of Europe and

the European Commission extended size perspective of delegation of powers to the European

Union Member States under the principle of subsidiarity and the mechanism of shared

management.

Small size of the delegation at EU level will representativeness according to future

Community regulations for EU funds, delegation of authority that European Parliament and the

Council of Europe gives to the European Commission to adopt delegated acts aimed at including

"defining rules and specific conditions on requests from Member States ". Acts adopted in the

execution of the delegation of power shall be notified simultaneously to the Commission, the

Parliament and the Council of Europe and will enter into force only if no objection has been

raised by the European Parliament or the Council within two months of on their notification act,

or if, before the expiry of that period, the European Parliament and the Council have both

informed the Commission that they will not object. This period shall be extended by 2 months at

the initiative of the European Parliament or the Council. This legislative solution to create an

early warning system (early warning) was envisioned as legal solution by the European

Commission since 2009 by the Commission Communication to the European Parliament and the

Council - Implementation of Article 290 of the Treaty on the Functioning of the European Union

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Silviu Alexandru Lzrescu Simion, „Titu Maiorescu” University, Law School, Bucharest, e-mail: silviu_lazarescu@yahoo.com