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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