GENERAL INTRODUCTION Overview of Romania - A European Union member-state since 1st January, 2007 - A democratic parliamentary republic with a strong presidency "A sovereign nation-state, independent, unitary and indivisible, with a republican form of government." Features: - A democratic State of Law and a welfare-state - National sovereignty belongs to the people - The territory of Romania is inalienable at the National level: - the President is directly elected for a five year-term - the Parliament is bicameral, it consists of the Chamber of Deputies and the Senate. Its members are directly elected for four years.
History and milestones of the organization Central level Regional and departmental level Local city and town Current institutional system: Communist dictatorship (1965- 1989) and changes in administrative organization (1950-1968) 1989: Review of the administrative law 90 years: local autonomy Influence of the Europe Union and similarity with France
The local government institutional system A ‘deeply needed’ legal framework The decentralization process was initiated in 1991 The main steps are: 1991 law on local public administration 1998 law on regional development 1991 law on public finances Act of 26 November 1991 local elections the 1998 law on public property and its legal regime 2004: Law of decentralization
The local institutional system The local institutional system A right to Local Self-Government ‘The national territory is organized in communes, cities, and counties. According to law some cities are declared municipalities” Standards and fundamental principles governing the functioning of local authorities and their administrations are established in the Romanian Constitution The Constitution Title II Title III Law nr. 69 from 26/11/1991, revised by law 24 from 12/04/1996, republished 18/04/1996 abrogated by law 215/2001. The constitutional reform of 2003
Local Government Organization The commune and the city The commune : rural territorial unit formed by one or several villages. Cities: urban units Some cities may be “municipalities” Municipalities, cities and communes are local administrative units. In these administrative units central government departments are organised into subordinated bodies. Deliberative body : the local council The county The 41 counties have the main function of coordinating councils. It is composed of members elected for four years by direct universal suffrage. Their number is established by order of the prefect and depends on the population of the county (from 37 to 45 advisers). The president of the County Council is the executive body of the county.
The working of local government Conditions to be elected Funding campaign set out in law 3 - The status of local elected officials obligation and responsibility of local councilors Without regard for their resignation Activity combined with professional occupation Compensation and wages and the principle of gender equality 4 - Duties and responsibilities of elected local The prefect exercises a control of legality but there is no hierarchical relationship between the prefect and the local and county institutions 5 - Control
Local Government Policy Local government responsibilities: Administration of public and private domain of the town or city Local road transport infrastructure, public transport institutions of culture, sanitary units, land use and town planning, sanitization, cleanliness social welfare services Based on Romanian law (Law 195/2006 and Law 215/20001) we can distinguish between three types of competences: exclusive, shared and delegated. The commune and the city economic development, health, hospitals, social welfare, planning, environment, water and sanitation, energy and heating, roads, housing. The County has powers regarding the economic and social development. Based on the law the county has exclusive, shared and delegated competences. The county
Local Government Resources The local costs represent 8.2 billion Euros in 2007, representing 24% of total public expenditure. The investment costs amounted to 1.6 billion Euros and operating at 6.6 billion Euros. The aggregate debt of the communities represented 1.16 billion, or 1.2% of GDP. Expenditure Own revenues, from local taxes, contributions and parts from the income tax Parts from the state budget revenues Subventions from state budget and other budgets Donations and sponsorships External or internal loans Recipes
Local Government Staff On the mayor’s proposal the Council adopts orders on the organization and the number of employees within the local authority, wages and regulations about the organization and the functioning of the local administration. But only the mayor is to appoint and dismiss staff. According to the criteria that delineate their attributions, members of staff are divided into three categories: senior officers, management officers and executive employees. According to the last management report of the National Agency of Public Employment for 2008, there was a total of 141.264 public administration personnels (14.668 in central government head- quarters, 61.956 in central government local offices and an estimated 65.000 in local government).
Conclusion Following its entry into the EU, Romania has started a process of decentralization by taking a lead from other European countries, notably France. Romania had promptly responded to criteria for EU integration In order to strengthen its local authorities, Romania must intensively continue the administrative and financial decentralization process and guarantee that decisions can be made locally. Law nr. 286/2006 for the revision and completion of Law 215/2001 has created inter-communal development bodies which are legal entities under civil law and which are created by local authorities to implement joint projects to develop regional or local interests or provide joint public services.