The role of the local government in ensuring the economic freedom

• Author: Verginia Vedinas
• Position: Faculty of Law, University of Bucharest, President of 'Paul Negulescu' Institute of Administrative Sciences, Member of the Romanian Court of Accounts
• Pages: 224-227

THE ROLE OF THE LOCAL GOVERNMENT IN ENSURING THE ECONOMIC

FREEDOM

Professor Verginia VEDINA

1, PhD.

Abstract

The study a ims to examine the role that local government plays in ensuring the economic freedom. It b riefly

examines the status of local a uthorities, deliber ative and executive, a nd also the powers that they ha ve to cr eate the

conditions for the exercise of economic freedom. The study also examines the constitutiona l regime of this fundamental

freedom which is pa rt of the r ights a nd freedoms of the first generation. The purpose o f the r esearch aimed both

identifying the role of local government in ensuring this basic freedom but also to deter mine possible means of action to

be considered by the government within the territory.

Keywords: economic freedom, local government, delibera tive auth orities, executive author ities, local government units,

roles, respon sibility, role.

JEL Classification: K23

I. Preliminary considerations

One of the elements that distinguishes the rule of law from the totalitarian one is the

recognition for the territorial administrative unit, components of the state and the actual capacity

and right to solve public needs through authorities established by direct vote to represent their

interests. The quintessence of this right is found in the principles of local a utonomy,

decentralization and deconcentra tion of public services, which are enshrined in most the Member

States of the European Union ans also in an European document2, including the Constitution3, in

Article 120.

The philosophy of consecration of the local autonomy, also as a leading principle of public

administration from territory, lies in the principle of subsidiarity, of European origin, according to

which solving people’s problems must be given to the authorities who are closest to them. The

investment with authority regarding the local communities involving other categories of authority

may be made only if and to the extent that they may provide a more appropiate achievement,more

adequate than the authorities closest to the citizens4 may carry out.

The Romanian Constitution places by art. 120, at the bottom of the organization and

functioning of public administration in territorial-administrative units, the principle of local

autonomy, the deconcentration and decentralization of public services .

To this text should be added the one provided by Article 73 para. ( 3), under which, among

the matters reserved to the organic law, is found also "the regime of local autonomy and the

organisation and functioning of the local government" .

Within the Romanian constitutional system, the organic laws are an important category of

laws, which the doctrine states that are extensions of the Constitution of particular significance,

regulating the institutions with a special relevance for the rule of law5. Hence, the conclusion of the

special significance that the constituent legislator attaches to the regulation of the local government

and to the place of the authorities that exercise it among the Romanian system of authorities. The

1 Verginia Vedina - Faculty of Law, University of Bucharest, President of "Paul Negulescu" Institute of Administrative Sciences,

Member of the Romanian Court of Accounts, verginia.vedinas@rcc.ro

2 It is the European Charter of Local Self-Government, ratified by Romania by Law no. 199/1997, published in Official Gazette

nr.331/1997.

3 Constitution was revised by Act 429 of 2003, published in the Official Gazette and republished in the Official Gazette nr.758/2003

nr.767/2003

4 For details on the principle of subsidiarity, see Manuel Guan, History of public administra tion in modern Romanian sta te, ed All

Beck, Bucharest, 2005, p 44.

5 I. Muraru, E. S. Tnsescu in I. Muraru, E.S. Tnsescu (coord.), Constitution, comment on articles, ed.CH Beck, Bucharest, 2008,

p 689.