Aspecte de practică judiciară privind reorganizarea serviciilor publice de interes local
Aspects of judicial practice concerning the reorganisation of public services of local interest

Summary/Abstract: Until the entry into force of the Administrative Code, the notion of public service was concisely defined by the Administrative Litigation Law 554/2004. However, the Administrative Code has enshrined the framework regulation on public service, and the definition in the Administrative Litigation Law is now doubled by a more detailed definition in Article 5 letter kk) of GEO no. 57/2019 on the Administrative Code. The Administrative Code expressly regulates the classification of public services. From the point of view of the interest of the activity provided, public services of local interest are defined as public services which primarily meet the needs of local communities and which are best provided by the action of local public administration authorities. Even if the reorganisation of the public service of local interest is not expressly regulated in the Administrative Code, the organisation of the public service of local interest, provided for in Art. 129 para. (2) (a) and para. (3) letter c) of the Administrative Code implicitly includes the reorganisation, as the local council also has powers to reorganise public services of local interest. Judicial practice shows that the reorganisation of public services of local interest often leads to litigation before the administrative court.

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