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

Author

Listed:
  • Mihai Cristian Apostolache

    (Petroleum-Gas University of Ploiesti, Romania)

  • Mihaela Adina Apostolache

    (Petroleum-Gas University of Ploiesti, Romania)

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.

Suggested Citation

  • Mihai Cristian Apostolache & Mihaela Adina Apostolache, 2017. "Considerations regarding the unconstitutionality of articles 55¹ and 99¹ of the law on local public administration," Juridical Tribune - Review of Comparative and International Law, Bucharest Academy of Economic Studies, vol. 7(1), pages 131-137, June.
    • Handle: RePEc:asr:journl:v:7:y:2017:i:1:p:131-137
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    More about this item

    Keywords

    local administration; deliberative authority; election; reconstitution; unconstitutionality.;
    All these keywords.

    JEL classification:

    • K10 - Law and Economics - - Basic Areas of Law - - - General (Constitutional Law)
    • K23 - Law and Economics - - Regulation and Business Law - - - Regulated Industries and Administrative Law

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