CONSTITUTIONAL REQUIREMENTS WITH REFERENCE TO LOCAL AUTONOMY Cover Image

EXIGENŢE CONSTITUŢIONALE PRIVIND AUTONOMIA LOCALĂ
CONSTITUTIONAL REQUIREMENTS WITH REFERENCE TO LOCAL AUTONOMY

Author(s): Anca-Jeanina Niţă
Subject(s): Constitutional Law, Civil Law, Public Administration
Published by: Universul Juridic
Keywords: local autonomy; constitutional principle; doctrine; public administration; decisions of Romanian Constitutional Court (CCR);

Summary/Abstract: The current paper has as definite aim to recall the concept of local autonomy in relation to democratic systems of public administration along with the emphasis as regards case-law in point of Constitutional Court. The constitutional principle of local autonomy- to be enshrined within article 120 of Fundamental Law, the regulation in terms of infra-constitutional legislation is brought out, taking into account the fact according to which national law is in line with the provisions of European Charter on Local Autonomy. The article under discussion addresses approaches of native doctrine that is presented as a modern form of expression as regards the principle of administrative decentralization, not to be perceived as sovereignty and independence with local authorities not being situated beyond the state. Particular focus has been drawn to the French doctrine that assesses the local autonomy as an efficient form of administrative self-management. The Constitution requirements in terms of local autonomy are analyzed through the prism of examination certain relevant decisions of CCR that state on the legal system of regional autonomy. As a corollary in respect of the material is to be stated that CCR decisions are part of the normative order of the state and even if are not identified with the legislative act, the effects are similar to it, by means of which are being established rules/standards of conduct to function within normative acts domain that transpose the constitutional principle of local autonomy.

  • Issue Year: 2023
  • Issue No: 01
  • Page Range: 66-76
  • Page Count: 11
  • Language: Romanian
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