IDEAS home Printed from https://ideas.repec.org/a/pmu/cjurid/v68y2017p131-135.html
   My bibliography  Save this article

Insolvency Of Administrative Territorial Units - Are The Principles Of Public Law Fully Compatible With The Requirements Of An Effective Management?

Author

Listed:
  • Radu CARP

    (Professor, Faculty of Political Science, University of Bucharest, ROMANIA.)

Abstract

The European states have introduced the mechanism of administrative territorial units (ATU) insolvency due to the influence of American law, US being the first state that recognized in 1934 the cities insolvency by Bankruptcy Act, as an answer to the financial crisis of the 1930s. Romania introduced it in two steps. Firstly, by the Law no. 273/2006 regarding local public finances. The procedure described by this law made it practically impossible to apply it, as the public law doctrine emphasized it. Secondly, by the Government Emergency Ordinance (GOU) no. 46/2013 that changed the previous law. Even if many authors emphasized the necessity of such a regulation, the results of its application are rather modest. Many ATU does not want to declare to be in financial crisis, even if the GOU no. 46/2013 describes sanctions that may be applied for non-declaring. The atomization of the local public administration - by the emergence of an impressive number of ATU without an impact study - aggravated the functioning of the administration at the local level. This atomization has not been remedied by the introduction of the TAU insolvency mechanism.

Suggested Citation

  • Radu CARP, 2017. "Insolvency Of Administrative Territorial Units - Are The Principles Of Public Law Fully Compatible With The Requirements Of An Effective Management?," Curentul Juridic, The Juridical Current, Le Courant Juridique, Petru Maior University, Faculty of Economics Law and Administrative Sciences and Pro Iure Foundation, vol. 68, pages 131-135, March.
  • Handle: RePEc:pmu:cjurid:v:68:y:2017:p:131-135
    as

    Download full text from publisher

    File URL: http://www.upm.ro/facultati_departamente/ea/RePEc/curentul_juridic/rcj17/recjurid171_10F.pdf
    Download Restriction: no

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Rodica Diana APAN, 2017. "The Features Of The Claims Lodged Within The Insolvency Proceedings. The Responsibility Of Public Institutions In Debt Recovery," Curentul Juridic, The Juridical Current, Le Courant Juridique, Petru Maior University, Faculty of Economics Law and Administrative Sciences and Pro Iure Foundation, vol. 71, pages 102-116, December.

    More about this item

    Keywords

    financial crisis; insolvency; local administration; management; territorial administrative units;

    JEL classification:

    • K23 - Law and Economics - - Regulation and Business Law - - - Regulated Industries and Administrative Law

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:pmu:cjurid:v:68:y:2017:p:131-135. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Bogdan Voaidas). General contact details of provider: http://edirc.repec.org/data/feuttro.html .

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service hosted by the Research Division of the Federal Reserve Bank of St. Louis . RePEc uses bibliographic data supplied by the respective publishers.