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The Correlation between the Principles of Subsidiary and Local Autonomy. Comparative Plan: Moldova Republic and Romania


Author: Cătălina Ştefania Szekely
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:2007
Scientific adviser: Sergiu Cobaneanu
doctor, associate professor (docent), Moldova State University
Institution:
Scientific council:

Status

The thesis was presented on the 7 March, 2007
Approved by NCAA on the 14 June, 2007

Abstract

Adobe PDF document0.50 Mb / in romanian

Thesis

CZU 342 (043.3)

Adobe PDF document 0.93 Mb / in romanian
155 pages


Keywords

principles of subsidiary and local autonomy, law sociologyie, public administration efficient, human rights, European integration

Summary

In the present context of the integration in the European structures, we can not ignore the principles promoted by the European Union, since the creation of the first Communities. Local autonomy is a fundamental principle for the working of local collectivities and it takes into consideration the finding of solutions for local interests by the representative authorities from the territorial administrative unities.

This principle is acknowledged by the international documents, and the European Charter of local autonomy, largely debates the application of this principle by the signatory states of the Charter. In accordance with the Charter, the purpose of the European Council is to realize a closer union between its members, to promote the common ideals and principles, and - in order to achieve this goal, there should be an efficient and close to the citizens administration and this objective may be achieved through the decentralization of power and the autonomy of the local authorities.

Subsidiary is a working principle of the European Union and it helps to the more efficient application of the local autonomy, permitting the decisions to be taken by the authorities close to the citizens, central authorities act only when their intervention is much more efficient. On the other hand, the communitarian Norms are directly feasible, and in the domains which are exclusively parts of the European Union, its institutions have the competence to interfere.

The public administration may appeal, for a higher efficiency, to some methods used by the juridical sociology, using another working principle of state activity and local collectivities: the consultation of the population regarding issues of national and local interest.

These principles are to be found both in the legislation of Moldova Republic and in that of Romania.