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Protection of the local autonomy


Author: Bratu Daniel - Dumitru
Degree:doctor of law
Speciality: 12.00.02 - Public Law (with specification: Constitutional, Administrative, Police, Military, Financial, Customs, Information, Ecological); Organization and Functioning of Law Institutions
Year:2010
Scientific adviser: Victor Popa
doctor habilitat, professor, Free International University of Moldova
Institution: Free International University of Moldova
Scientific council: DH 15-12.00.02-27.03.08
Institute of History of the ASM

Status

The thesis was presented on the 9 September, 2010
Approved by NCAA on the 6 October, 2010

Abstract

Adobe PDF document – 0.39 Mb / in romanian

Keywords

local public administration, local autonomy, subsidiarity, decentralization, deconcentration, administrative supervision, administrative court

Summary

Structure of the thesis: Introduction, three chapters, general conclusion and recommendations, bibliography with 161 names, 2 annexes, 158 pages of main text.

Number of publications on the topic of the thesis: The results of the research are published in 6 scientific works (4 – in specialized scientific journals and 2 communications at international scientific forums).

Study field of the given thesis relates to the in-depth of national and international regulations on the local autonomy and protection mechanisms of local autonomy.

Scope and objectives consist of comparative evolution of doctrinal concepts on local autonomy, national and international legal/juridical mechanisms and methods on protection of local autonomy in Romania and Republic of Moldova. Scientific novelty and originality of the obtained results reside in the approaching method of the aspects that relate to the protection of local autonomy, in its novelty content, which is expressed, basically, through conclusions and proposals de lege ferenda. Consisting of in-depth scientific analysis of the basic principles and rules of organization and functioning of local public authorities, the research emphasizes the most general ideas, hypothesis and doctrinal concepts, national and international regulations on protection of the local autonomy.

Theoretical significance of work: Doctoral thesis will have a positive effect on a better in-depth knowledge of the basic principle and rules of organization and functioning of the local public authorities from Romania and the Republic of Moldova. The research gives the opportunity to those who are studying the contemporary systems of public administration to understand better the methods and forms of protection of the local autonomy, as well the guarantees on the independent/free activity of the local public administration in Romania and the Republic of Moldova.

Applicative value of the thesis: From doctrinal-theoretical view, it is based and demonstrated that local autonomy consist of the right of administrative-territorial units to satisfy its own interests without the implication of central authorities, which leads to administrative decentralization, autonomy being a right, and decentralization being a system which involves autonomy. From normative-legislative view, it is analyzed the evolution of legal framework and concepts on local autonomy, constitutional and international guarantee of local autonomy in Romania and the Republic of Moldova and scientific recommendations are brought for the assurance of protection of local autonomy. From legal-didactic view, the analysis of the evolution of principle of local autonomy, administrative decentralization and subsidiarity is benefic for the scientific-didactic process, for the university teaching staff, as well for the regulation of different social relations that appear in the process of organization and functioning of the local public authorities.

Implementation of scientific results: Conclusions and proposals that are included in the thesis offer solutions for the modernization of the legal framework from Romania, Republic of Moldova and other countries, and can be used as initial material for an eventual in-depth approach of the issues on protection of local autonomy according to European requirements and practices.