Reflections regarding the concept of local interest within public law

• Author: Alexandru Dana Georgeta
• Position: Assistant Professor, PhD, 'Lucian Blaga' University, Faculty of Social and Human Sciences
• Pages: 109-117

JURIDICA

109

Reflections Regarding the

Concept of Local Interest within

Public Law

Dana Georgeta ALEXANDRU

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Abstract: Through this study we aim at p erforming an analysis of the concept of local interest,

having as prerequisites the doctrinal debates regar ding the general interest. The examination of this

concept occurs in relation with the new trends, as concerns the exercise of competences at local l evel,

respectively with the elements that define the interest of the community and its means of a pplication

within the life of the local community. Our research aims to establish theoretical ly the notion of local

interest, an approach that we carry out within a difficult environment, whereas the notion of interest is

fluctuating, b eing constantly modified under the pressure of the evolutions of social and economic

needs. The results and the essential contribution of the material consist in the establishment of a

framework that would offer to local authorities the practical possibilities for identifying the landmarks

that s urround this concept and that has to be harmonised with the values of modernity in order to

respond better to the needs that are expressed.

Keywords: local community; local interest; community interest

1. Introduction

The general interest occupies an important place in the public debate; the doctrine

(Truchet, 2010, p. 70) considers that it falls into the category of guiding principles

of public law, together with fundamental notions such as public power, continuity

of the state, the principle of legality and juridical security. However, the general

interest is a difficult concept to be defined; i dentifying those needs corresponding

from the juridical point of view to the general interest is a political procedure in the

clearest sense of the term: this mission is fulfilled by national and local political

authorities and alternatively by the administrative and judicial authorities.

Therefore, distinction is being made between the national interest whose content is

established by the legislator through the issuance of general and impersonal norms

and the local interest or the local businesses whose solving is the responsibility of

the local community. The difficulty of defining the content of the local interest is

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Assistant Professor, PhD, “ Lucian Blaga” University, Faculty of Social and Human Sciences,

Brutarilor Street, no. 5-7, Sibiu, Romania, Phone/Fax: 0269 422 169. Legal adviser, City Hall of

Sibiu, dana.alexandru.g@gmail.com. AUDJ, vol. 9, no. 2/2013, pp. 109-117