State power 119
relationship between the mentioned authorities is fully justified, because both of
them achieve, to a certain extent, the leadership of the executive power. Moreover,
the consultation provides a mutual information and a more thorough preparation
of the decision-making process.
The importance of the investiture procedure lies in the fact that it involves the
Parliament and the head of state, their role being different. The procedure is
initiated (by the nomination of the candidate for the post of prime minister) and
completed by the head of state (the appointment of the Government), but the
Parliament's vote (on the basis of which the Government obtains legitimacy)
determines the political responsibility of the Government in front of the legislature.
Another issue is the compatibility of the parliamentary and ministerial
functions, which is always present, always questionable and of real theoretical and
practical importance. That is why, in the doctrine, both arguments for and against
have been formulated. Thus, the positive moment is seen in the fact that in this
case the compatibility removes the constitutional conflicts between the powers,
allows the direct knowledge of the legislative and executive issues and a unity of
purpose and action, ensuring the operability and efficiency. However, Prof. A.
Iorgovan argues, it is inconceivable that a parliamentarian, that is, a people's
elected, should hold a position that would put him in a report of subordination to a
member of the Government, no matter if he is, in turn, a parliamentarian. This is a
forcing and a misappropriation of the principles of the rule of law, imposed as the
constant constant of contemporary constitutional democracies.
Another objective in this chapter is to study the forms and principles of
organizing the public administration from a territorial point of view. Depending
on the relations between central and local authorities, meaning the degree of
dependence on the center, the organization of public administration can be either
centralized or decentralized.
An important principle of decentralization is local autonomy, which implies
the right and effective capacity of local communities to solve and manage within
the law, under their own responsibility and for the benefit of the population, an
important part of public affairs. Autonomy also implies the supervision exercised
by the Government (central public administration) on local authorities,
materialized in the control of the legality of acts issued at local level, as well as the
opportunity and necessity of issuing them.
Generally speaking, the systems of organization and functioning of the local
public administration in Romania and the Republic of Moldova are different, each
having its own specificity. It is difficult to affirm the superiority of one or the other;
it is important, regardless of the way in which the central authorities intervene
locally, that the local public administration authorities have sufficient and effective
means to defend their constitutional right to autonomy.
Due to their importance, decentralization and local autonomy are key
objectives of administrative reforms in Romania and, more recently, in the