Government Emergency Ordinance no. 55/2014 and its Implications on Local Public Administration Cover Image

Ordonanţa de Urgenţă a Guvernului nr. 55/2014 şi implicaţiile asupra administraţiei publice locale
Government Emergency Ordinance no. 55/2014 and its Implications on Local Public Administration

Author(s): Mihai Cristian Apostolache
Subject(s): Law, Constitution, Jurisprudence
Published by: Editura Universităţii George Bacovia din Bacău România
Keywords: emergency ordinance; local elected officials; legislative delegation; political migration; Government

Summary/Abstract: The article analyzes the Government Emergency Ordinance no. 55/2014 for the regulation of some measures in the area of local public administration, a normative act that has generated numerous debates in the Romanian public space related to opportunity and the constitutionality of this legislative step of the Government. This normative act suspended, for 45 days, two articles of Law no. 393/2004 on the status of local elected officials, giving the local elected officials in office or the substitutes on lists the possibility to leave their political party and opt for another party, organization of national minorities or to become independent. By appealing to the emergency ordinance, the Government avoided a parliamentary debate and also the constitutional review of the Constitutional Court, which is contrary to European standards requiring that regulations of key areas for the existence and functioning of the rule of law be debated and adopted by the legislative forum of the country

  • Issue Year: III/2014
  • Issue No: 2
  • Page Range: 479-492
  • Page Count: 14
  • Language: English