THE RECONSTITUTION OF THE DISSOLVED LOCAL OR COUNTY COUNCIL – AN UNCONSTITUTIONAL LEGISLATIVE SOLUTION
THE RECONSTITUTION OF THE DISSOLVED LOCAL OR COUNTY COUNCIL – AN UNCONSTITUTIONAL LEGISLATIVE SOLUTION

Summary/Abstract: The completion of the Law of Local Public Administration no. 215/2001 has instituted a new way of establishing a local or county council, namely the reconstitution. Although the fundamental act enshrines the election of the local public administration authorities as the only form of their establishment, the delegated legislator has ignored the constitutional provisions and regulated the reconstitution in case a local or county council is dissolved under Article 55 paragraph 1 letters a and b from the local public administration law. The article presents the manner of referral to the Constitutional Court so that the constitutional court can analyze the legislative texts considered by us to be unconstitutional and emphasizes the need for the legislator to abolish from the Romanian legal order the reconstitution as a way of instituting the local or county deliberative authority.

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