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Considerations regarding the unconstitutionality of articles 55¹ and 99¹ of the law on local public administration

Mihai Cristian Apostolache () and Mihaela Adina Apostolache ()
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Mihai Cristian Apostolache: Petroleum-Gas University of Ploiesti, Romania
Mihaela Adina Apostolache: Petroleum-Gas University of Ploiesti, Romania

Juridical Tribune (Tribuna Juridica), 2017, vol. 7, issue 1, 131-137

Abstract: Since its entry into force and to date, Law no. 215/2001 on local public administration has undergone many amendments and completions. One of the questionable additions to this act is done by GEO (OUG) no. 41/2015, a regulation which brought two new articles to the body of the framework-law on local public administration, i.e. Article 55¹ and Article 99¹. These two articles regulate a unique way of establishing the local or county council, namely by reconstituting these autonomous collegial bodies. This article examines the legislative intervention made by GEO no. 41/2015 and highlights the unconstitutionality aspects of this legislative intervention, recommending the legislature to urgently repeal the regulations governing the reconstitution of the local and county councils.

Keywords: local administration; deliberative authority; election; reconstitution; unconstitutionality. (search for similar items in EconPapers)
JEL-codes: K10 K23 (search for similar items in EconPapers)
Date: 2017
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Handle: RePEc:asr:journl:v:7:y:2017:i:1:p:131-137