2019
Vlad-Cristian SOARE, PhD, Faculty of Law, University of Bucharest, Problems of Interpretation Concerning the Constitutionality and Legal Capacity of Administrative-Territorial Subdivisions
DOI: https://www.doi.org/10.31178/AUBD.2019.13
Abstract: The fundamental
transformations through the Romanian state passed since the Revolution of
December 1989, have also put their mark on the legal system. For this reason,
there have been major changes in the content of administrative law.
However, the regulation of the territorial-administrative subdivisions
survived the change of political regime, due to Law 2/1968. Moreover,
regulations on administrative-territorial subdivisions are also found in Law
215/2001 and in the 1991 Constitution, revised in 2003.
This has led to problems of interpretation. Thus, on the one hand, we
need to identify who has the right to constitute administrative-territorial
subdivisions, and on the other hand, it must be seen whether the answer to the
first question, leads to a possible interpretation that would be
unconstitutional.
At the same time, administrative-territorial subdivisions have created
problems of interpretation regarding their legal capacity.
Through this article, we have proposed to look at the issues mentioned
above.
Key words: territorial-administrative subdivisions, public authorities, constitutionality, legal capacity, local public administration
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