A partial accommodation: the principles of the European Charter of Local Self-Government and decentralization according to the Constitution Cover Image

O acomodare parţială: principiile Cartei europene a autonomiei locale şi descentralizarea potrivit Constituţiei,
A partial accommodation: the principles of the European Charter of Local Self-Government and decentralization according to the Constitution

Author(s): Radu Carp
Subject(s): Politics / Political Sciences
Published by: Editura Institutul European
Keywords: administrative capacity; Constitutional Court; decentralization; European Charter of Local Self - Government; subsidiarity

Summary/Abstract: Decentralization is mentioned by the Romanian Constitution of 1991 as a principle of public administration, without being defined. A framework -law has been adopted only in 2004, after the revision o the Constitution and it has been entirely abrogated in 2006 by another framework - law. None of these laws have been fully applied, because they were composed of general principles and of public policy statements. The article describes how the principle of subsidiarity has been incomplete or faulty defined by these frameworks - laws and consequently it was impossible to apply it. The article discusses the draft law on decentralization of 2013 that has been declared unconstitutional by the Constitutional Court in January 2014. All these normative acts are analysed from the perspective of the European Charter of Local Self - Government. The conclusion of this article is that the decentralization account from 1991 nowadays is extremely unsatisfactory, because of a gradual approach and because of ignoring the principles that are part of that Charter.

  • Issue Year: II/2014
  • Issue No: 03
  • Page Range: 94-108
  • Page Count: 15