Editura Universitara Legea nr. 215/2001 a administratiei publice locale comentata si adnotata

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ISBN: 978-606-28-0624-8

DOI: 10.5682/9786062806248

Publisher year: 2017

Edition: II, revizuita si adaugita

Pages: 532

Publisher: Universitară

Author: Mihai Cristian Apostolache

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This paper represents the second edition of the commentary on the local administrative law, made by Mr. Associate Professor Mihai Cristian Apostolache. For us, the author represents not only our former doctoral student, but also one of the most successful achievements that the mission of university teacher, doctoral supervisor, has earned us. We learned from our great professors that taking on a topic as a research topic in doctoral training is an objective that you assume not only in the years when you complete your doctorate, but for the entire academic career, in which you must represent and you remain a landmark for the doctrine dedicated to the legal institution that represented the subject of the doctoral thesis. The author of this paper proves that he assumed with all responsibility such an exhortation, given the fact that his doctoral thesis was dedicated to the institution of the mayor in Romania and in some member states of the European Union.

The mayor is a component of the local public administration. Understanding it involves knowing the entire system of local public administration, the principles that govern it, the relations with other public authorities and citizens and the competence it exercises.

A comment on the framework law of the local public administration validates such an agreement and confirms it equally. The work elaborated by our former doctoral student excels from several points of view.

First of all, from a theoretical point of view, its author demonstrates the understanding of the letter and spirit of the organic law of local public administration, in the perspective of its evolution, given the frequent changes that are brought and that Mihai Apostolache analyzes thoroughly, critically, often proposing, when necessary, solutions that are required in the future. The author enters into dialogue with other specialists, whose opinions he shares, or, on the contrary, rejects them in an argumentative way.

A second aspect that gives a certain value to the works is the reporting of the jurisprudence, both of the national and European courts, and of the Constitutional Court.

Thirdly, we emphasize the open, integrative spirit in which he conceives his work. The local public administration is, in the last instance, a component of the public administration, as a whole or, which, in turn, represents a segment of the executive power, one of the three powers in the state, whose separation and balance are established by art. 1 para. 4 of the fundamental law. From this perspective, the analysis of the local administration cannot be done in isolation, but by reference to the entire institutional architecture consecrated by the current constitutional and legal system.

A significant quality of the work is also the revelation, permanently, of the significance of Romania's belonging to the European Union, so that the subtlety of some interpretations and their force, in equal measure, cannot ignore such a status.

The author of this paper is by no means a commentator lacking the courage to express himself. He vehemently criticizes even illegitimate legislative solutions by violating constitutional principles, the status or regime of legal institutions and the rules of the rule of law as a whole.

From the many discussions that can be made on this topic, we stop at those regarding the changes produced in the legal regime of the responsibility of the local autonomous authorities and of the personnel that carry out their activity within them. We have in mind the intention, resulting from the substance of current regulations, to transfer the weight of responsibility on the shoulders of civil servants or contract workers, with the consecration of the exoneration of responsibility of local elected officials.

Equally debatable are, in the author's opinion, the fluctuations regarding the way of electing some authorities, such as the mayor or the president of the county council, or the precariousness of the declarations, by law, of the prefect as high civil servant, to whom political affiliation is forbidden. while the realities vehemently contradict the legal provisions.

We conclude by expressing our satisfaction with this work, which I am convinced will be followed by other future editions. In the foreseeable perspective of the elaboration of an Administrative Code, we suggest the author to propose, from now on, to make a comment of the whole part dedicated to the local public administration, alone or as a member of some collectives to elaborate a comment of the whole normative act. .

This paper represents, in our opinion, a source of inspiration, a valuable guide for those who either carry out their activity in the local public administration, or are preparing to hold various positions within them. Equally, I am confident that it will be a reference work for all those who, as theorists or practitioners, are involved in the development of the administrative phenomenon and in Romania.
University professor Dr. Verginia Vedinas

Associate member of the Academy
Scientists

President of the “Paul Negulescu” Institute of Administrative Sciences
  • Legea nr. 215/2001 a administratiei publice locale comentata si adnotata

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Mihai Cristian Apostolache is an associate professor doctor at the University of Petroleum and Gas in Ploiesti. He has a double degree in law and administrative sciences, a graduate of three master's degrees in public sector management, political management and in European studies and community law. He attended the courses of the National Defense College and of the Romanian Diplomatic Institute, as well as the courses of the Doctoral School within the Faculty of Law of the University of Bucharest, obtaining the title of doctor in Law, coordinator of the doctoral thesis being prof. Univ. Dr. Verginia Vedinas. He is the author of the paper “The mayor in Romania and the European Union, but also of some articles published in specialized magazines in the country and abroad. He is the coordinator of five collective volumes, director of the Center for Legal and Socio-Administrative Studies and Research within the Petroleum-Gas University of Ploiesti and editor-in-chief of the Journal of Law and Administrative Sciences. He is married and has two children. In 2014 he obtained a postdoctoral fellowship, the topic of postdoctoral research being: "The implications of European regulations on legislation on local public administration and local administrative practice in Romania."

He made an external study visit to the University of A Coruna, Spain, and an internship at the University "Al. I. Cuza "from Iasi.

Foreword / 7
Law on local public administration no. 215/2001 - commented and annotated / 11
Chapter I. General provisions / 18
Chapter II. Local councils / 144
Chapter III. The mayor and the deputy mayor / 275
Chapter IV. Institutions, public services of local interest and the specialized apparatus of the mayor / 364
Chapter V. Public administration of Bucharest / 372
Chapter VI. County Council / 383
Chapter VII. Citizens' initiative / 427
Chapter VIII. The public administrator / 433
Chapter IX. Acts of local public administration authorities and their communication / 441
Chapter X. Secretaries of administrative administr territorial units / 453
Chapter XI. Contraventions and sanctions / 467
Chapter XII. Public goods and works / 471
Chapter XIII. Transitional and final provisions / 489
Bibliography / 515

This paper represents the second edition of the commentary on the local administrative law, made by Mr. Associate Professor Mihai Cristian Apostolache. For us, the author represents not only our former doctoral student, but also one of the most successful achievements that the mission of university teacher, doctoral supervisor, has earned us. We learned from our great professors that taking on a topic as a research topic in doctoral training is an objective that you assume not only in the years when you complete your doctorate, but for the entire academic career, in which you must represent and you remain a landmark for the doctrine dedicated to the legal institution that represented the subject of the doctoral thesis. The author of this paper proves that he assumed with all responsibility such an exhortation, given the fact that his doctoral thesis was dedicated to the institution of the mayor in Romania and in some member states of the European Union.

The mayor is a component of the local public administration. Understanding it involves knowing the entire system of local public administration, the principles that govern it, the relations with other public authorities and citizens and the competence it exercises.

A comment on the framework law of the local public administration validates such an agreement and confirms it equally. The work elaborated by our former doctoral student excels from several points of view.

First of all, from a theoretical point of view, its author demonstrates the understanding of the letter and spirit of the organic law of local public administration, in the perspective of its evolution, given the frequent changes that are brought and that Mihai Apostolache analyzes thoroughly, critically, often proposing, when necessary, solutions that are required in the future. The author enters into dialogue with other specialists, whose opinions he shares, or, on the contrary, rejects them in an argumentative way.

A second aspect that gives a certain value to the works is the reporting of the jurisprudence, both of the national and European courts, and of the Constitutional Court.

Thirdly, we emphasize the open, integrative spirit in which he conceives his work. The local public administration is, in the last instance, a component of the public administration, as a whole or, which, in turn, represents a segment of the executive power, one of the three powers in the state, whose separation and balance are established by art. 1 para. 4 of the fundamental law. From this perspective, the analysis of the local administration cannot be done in isolation, but by reference to the entire institutional architecture consecrated by the current constitutional and legal system.

A significant quality of the work is also the revelation, permanently, of the significance of Romania's belonging to the European Union, so that the subtlety of some interpretations and their force, in equal measure, cannot ignore such a status.

The author of this paper is by no means a commentator lacking the courage to express himself. He vehemently criticizes even illegitimate legislative solutions by violating constitutional principles, the status or regime of legal institutions and the rules of the rule of law as a whole.

From the many discussions that can be made on this topic, we stop at those regarding the changes produced in the legal regime of the responsibility of the local autonomous authorities and of the personnel that carry out their activity within them. We have in mind the intention, resulting from the substance of current regulations, to transfer the weight of responsibility on the shoulders of civil servants or contract workers, with the consecration of the exoneration of responsibility of local elected officials.

Equally debatable are, in the author's opinion, the fluctuations regarding the way of electing some authorities, such as the mayor or the president of the county council, or the precariousness of the declarations, by law, of the prefect as high civil servant, to whom political affiliation is forbidden. while the realities vehemently contradict the legal provisions.

We conclude by expressing our satisfaction with this work, which I am convinced will be followed by other future editions. In the foreseeable perspective of the elaboration of an Administrative Code, we suggest the author to propose, from now on, to make a comment of the whole part dedicated to the local public administration, alone or as a member of some collectives to elaborate a comment of the whole normative act. .

This paper represents, in our opinion, a source of inspiration, a valuable guide for those who either carry out their activity in the local public administration, or are preparing to hold various positions within them. Equally, I am confident that it will be a reference work for all those who, as theorists or practitioners, are involved in the development of the administrative phenomenon and in Romania.
University professor Dr. Verginia Vedinas

Associate member of the Academy
Scientists

President of the “Paul Negulescu” Institute of Administrative Sciences

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