Current issues, theoretical and practical, regarding the concept of devolution

Iulian Nedelcu and Paul-Iulian Nedelcu

Academic Journal of Law and Governance, 2014, vol. 2, issue 1, 65-72

Abstract: Decentralization framework law does not comply with the 2006 Act, which requires preparatory measures for the implementation of the decentralization project that was declared unconstitutional by the Constitutional Court decision No. 1 of January 10, 2014, which considered the adoption of the law by responsibility. Government violates Article 114 of the Constitution, as interpreted by the Constitutional Court. Equally, the Government liability violates Article 61 paragraph (1) on the role of Parliament and the Article 102 paragraph (1) on the role of government and therefore the impugned law is contrary to the constitutional provisions contained in article 1 par. (3), (4) and (5) on the separation of powers and the Constitution and laws and the rule of law. After examining the documents submitted by the Government, CCR notes that they are heterogeneous in content, aiming at general information on the issue of regionalization and decentralization, regionalization process in Romania fundamentals, history of decentralization in the period 1991-2013, documents on administrative - territorial Romania reports on economic development, documents which have been written over time in a more or less organized context, being united and thus invoked as preparatory measures of decentralization.

Date: 2014
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