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

AuthorSilviu Alexandru Lazarescu Simion
PositionPhD student
PhD student Silviu Alexandru LZRESCU SIMION
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
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
Silviu Alexandru Lzrescu Simion, „Titu Maiorescu” University, Law School, Bucharest, e-mail:

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