Now eight years old, when I started working as a lawyer in the local public administration, the study and application of laws was a task of service that I assume without put me too many problems. over time, I noticed that the legal rules, besides the fact that they were excessive and unstable, aserveau basically local administration, imposing burdens on them that they will not be able to fulfill or settling them competent leading to diversification of the bureaucratic apparatus. Observations gathered over the years, relations with the public experience of courts, complex problems with which I faced in terms of land and property restitution fund, duties imposed on local councils, which often only get to adopt formal decisions, strictly limited by the regulatory framework-all these made me wonder what is the source of these abuses. I arrived at the conclusion that the proponent, constitutional mechanisms allow massive state intervention in matters pertaining to the Organization and management of communities and private life.
The reason why I inhamat to demonstrate some of the constitutional loopholes is just the fact that I hit every day by an excess of abusive legislation that citizens ' private interests 31.6, often with the help of local administrations, comprising just what utility should you manage common problems.
According to art. 120 of the Romanian Constitution, "local public administration from administrative territorial units shall be founded on the principles of decentralization, local autonomy and deconcentrarii of public services" through autonomy means, in reality, the fact that we benefit from the mayors, local councils adopt their own Ordinances and permission to use the local taxes. This superficial autonomy creates a serious confusion between democratic mechanisms such as mandatory local elections (representativeness) or access to their own resources and a real independence marked by breaking away from a central administration that normeaza and discretionary.
Real autonomy implies that self-government through devolution to understand the effective separation of State by adopting similar federal forms (regionalization). Only such a radical measure may break links of subordination and dependence between the State and regional or local communities. The release of under the tutelage of the State shall be compulsory for the various groups of citizens aware of being a small community, and specify what you determine to have common goals and interests.
The most important administrative territorial unit is the locally represented by the Mayor and City Council utility, which covers the entire territory of the country and, by Association, can replace the forms required by the Organization's administrative districts. However, counties have in turn their own administrative structures-prefectures and county councils, both designed to coordinate small and decentralized services of the territory. If we analyze in detail the Law 215/2001 on local public administration we will see what competencies were vague, relative, for example, county councils except atributiei on the allocation of the budget (article. 91, para. 3 (a). of law 215/2001)-political and partisan profitable task.
Prefect is also a lever in order to maintain nationwide centralism. Creates an unwieldy administrative apparatus, useless and expensive superstructures, with whose attributions are simply invented, they can well be supplemented by forms of federal type.
In an article from the scope of the policy (No. 43/1996) reveals the Babas with historical arguments most authentic intentions of decentralization of public personalities from the interwar period. There were then, as now, opinions which claim that real self-government and decentralization means "wide in the field of competent education, health, agriculture, transport times" for local authorities. The author of the play the words social democratic Deputy Gheorghe Grigorovici sustained during a Conference in 1922: "full Freedom to various provinces to develop according to their traditions and real assets in a State of democratic law" form fede[se opunea]rativa unique-built on formal grounds and granted by an act of willpower in which the authority of intrupeaza sovereignty-the centralised State. "
Even if you don't speak of the Federated Organization Forms, administrative autonomy is necessarily linked to compliance with the principle of subsidiarity according to which the State should not intervene in exceptional way. Local communities meet in a clearer and more efficient can solve the problems of citizens from their range of coverage and therefore the solutions can be more easily adapted to the real needs of each person, these having precedence as individuals and not as mere subjects of law. It is therefore necessary that the State intervene only when these basic structures "no longer balances functional autoregla" (d. Ba, S.P. Nr. 43/1996).
According to the law 196/2007 concerning decentralization, "the principle of subsidiarity lies in the exercise of powers by the local government at administrative level closest to the citizen and who has the necessary administrative capacity." But the law does not provide for the obligation of the State to not mix issues normative-local discretionary, which obviously a useless ace.
What shows me experience in public administration is not just that the 17 years of failed social policies in empowering but as State intervention in the economy, local government and private life private get things worse. Expressions, "State protection", "security and social cohesion", "subsidies" "national priorities", "national interest", "strategy" I'm indifferent, but today I wake up deep suspicions. Romanian society is a colectivist dominated by a Central Administration headed by the overwhelming, it is Government decisions and orders of Ministers, controlled with the incrancenare of a multitude of parasitic agents and subjected to abuse. If our State fails to ensure the freedom we wanted it, economic progress, and the independence of Justice can local and regional communities from Romania should take the example of Italy and to fight for regional autonomy. Local communities might imposition as main forms of moral, social and recovery progress.