The prefect

• Author: Catalin-Silviu Sararu
• Profession: PhD, is Associate Professor at the Law Department of Bu-charest University of Economic Studies
• Pages: 160-162

Chapter XX

The prefect

1. Introductory considerations

Notion. The prefect is a decentralized authority of the Government at the

county level, which ensures the observance of the legality of the acts of the local

public administration authorities and conducts the decentralized public services

of the ministries and of the other central public administration bodies in the ad-

ministrative-territorial units.

Regulation. The institution of the prefect is currently regulated by art.

123 of the Constitution and art. 249-276 of the Administrative Code.

2. Duties of the prefect

The activity of the prefect is based on the principles:

a) legality, impartiality and objectivity;

b) transparency and free access to information of public interest;

c) efficiency;

d) responsibility;

e) professionalization;

f) orientation towards the citizen.

As a representative of the Government, the prefect fulfills, according to

the provisions of art. 252 of the Administrative Code, the following main attrib-

utions: a) ensures, at the county level, the application and observance of the Con-

stitution, the laws, ordinances and decisions of the Government, the other norma-

tive acts, as well as the public order. Thus, the prefect is the guarantor of respect-

ing the law and public order at local level.

b) acts for the achievement in the county of the objectives included in the

Governance Program and has the necessary measures for their fulfillment, in ac-

cordance with the competences and attributions that they have, according to the

law. As a representative of the Government at the local level, the prefect is re-

sponsible for applying the Government's policy in the administrative-territorial

units, having the obligation to ensure the execution of the acts of the Government,

as well as those of the ministries and other specialized bodies subordinated to the

Government or the ministries.

c) acts for maintaining the climate of social peace and permanent com-

munication with all the institutional and social levels, paying constant attention

to the prevention of social tensions;

d) collaborates with the authorities of the local public administration to

determine the priorities of territorial development;