2022
Vlad-Cristian SOARE, Assistant Professor, Faculty of Law, University of Bucharest, Particulars and controversies regarding the establishment of inter-community development associations by the administrative-territorial units
DOI: https://doi.org/10.31178/AUBD.2022.08
Abstract: The regulation of inter-community development
associations has experienced an interesting progress currently, being regulated
by the Administrative Code. Given the need to integrate local public services
and the development of the Smart City concept, new proposals for
administrative-territorial reorganization have emerged, while inter-community
development associations seem to be an intermediate step towards moving to
these new forms of organization. We have shown some peculiarities of inter-community
development associations, but also controversies resulting, either from the
non-unitary wording of legislative texts, or from their erroneous application.
The article proposes the introduction of two criteria for setting up
inter-community development associations: a first demographic criterion and an
economic criterion. Moreover, the compatibility of the administrative-territorial
subdivisions with the inter-community development associations is analyzed, in
the context in which there are already such structures made with the support of
the sectors, which is contrary to the law. Finally, the article
also addresses the situation encountered at the county level, making an
analysis of the „subordination” relationship between the County Council and the
Local Councils of the localities in the respective county. Such an analysis
raises the issue of cooperation within a community development association in
which one of the subjects that constitutes it is the county, through the County
Council.
Keywords: intercommunity development associations; cooperation structures; community development; administrative-territorial units administrative-territorial subdivisions; metropolitan areas.
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