The role of state powers in the development of business environment

• Author: George Gruia - George Cristian Gruia
• Position: Spiru Haret University, Bucharest, Romania - Technical University from Prague, Czech Republic
• Pages: 105-112

THE ROLE OF STATE POWERS IN THE DEVELOPMENT OF BUSINESS

ENVIRONMENT

Lecturer George GRUIA

1, PhD

Eng. George Cristian GRUIA2

Abstract

The purpose of this paper is to provide a thorough a nalysis of state powers in the context of toda y's bu siness

environment both na tionally a nd inter nationally. The authors use the SWOT mana gement method using structur ed

interviews, in certa in key ar eas, of a gr oup of 30 experts from both lega l and academic and tha t of the SMEs, in or der

to ana lyze and to form a guide of best pra ctices for workers in local government in Bucharest, which dir ectly influences

the foreign investments in the Romanian economy and local development of national administrative territoria l units.

This article is part of a more complex work of the author s on improving social r elations that occur in the work of state

administratio n in relation to the Romanian business environment and represents the pa rtial results of this ongoing

study. Par tial results of the study a re presented and analyzed for future studies and represents a pla tform for a cademic

discussions open to the public in order to improve relations with loca l administrative a uthority relating to facilitating

and suppor ting investments that bring a dded value to the consumer.

Keywords: business environment, development, powers, sta te, SWOT

JEL Classification: K23

1. Introduction

The theory of separation of powers has a special, decisive role in promoting the

representative system, namely the democratic improvement of the relationship between the

sovereign owner of power (the people, the nation) and the state organization of political power in

the search, the very organization and functioning of state power, the guarantees of exerting the

human and citizens’ rights. It is a theory that represented the foundation stone of drafting the

constitutions, the statements from the Declaration of the Rights of Man and of the Citizen from

France in 17893, standing as a testimony on these lines. Thus, as per the mentioned declaration: „a

society in which the guarantee of the human rights is not assured, it is not a constitutional state”.

In Romania the state organization of the exercise of national sovereignty is standardized

through article 2 of the Constitution. The owner of the sovereign power is the Romanian people and

exerts this power through the representative bodies and referendum. From the analysis of the

respective article several findings are resulting. Thus, to the representative bodies are being

assigned just the exercise of power, hence certain authorizations and not the power itself. It is not

devolution but the delegation of certain functions of the power. The power holder is and remains

only the Romanian people, and hence significant legal consequences, including those relating to the

responsibility of public authorities in front of it.

The question whether in the Romania’s Constitution the expression of the classical principle

of separation of the state powers can be found, a principle that characterizes „the rule of law”. This

principle was strongly emphasized during the 1989 Romanian Revolution. The correct answer can

be stated only through the systematic and logical interpretation of the constitutional stipulations.

These stipulations use terms as: powers and authorities, but not the one of separation. Avoiding the

term separation which can evoke the breaking of powers, their rigid separation, giving the term

„powers” correct meanings from scientifically perspective, the present juridical doctrine and of

course the Constitution harnesses the balance of powers.

1 George Gruia - Spiru Haret University, Bucharest, Romania, g.gruia@yahoo.com

2 George Cristian Gruia - Technical University from Prague, Czech Republic, georgecristian.gruia@fs.cvut.cz

3 Document of the b ourgeois revolution from France, adopted on August 26th 1789 by the National Constituent Assembly, the

document is avalable at: http://www.assemblee-nationale.fr/histoire/sur%20la-declaration-des-droits-de-l-homme.asp