Perspective Europene și Românești privind Administrația Publică Locală

SUMMARY

The concept of the management board or the public or to private, has led to the birth of multiple questions to which answers are given in different manners, depending on the historical period of the authors, in which they were issued, the underlying theories. The administrative complexity of the phenomenon is apparent from the fact that normally talk about the public and private administrators and civil servants performing administrative functions, of persons who are under the command of others running decisions and people who implement decisions that are in a position in the hierarchy. The Board derives from latinescul "Administration" means the server and is connected with the word "magister" you are the master, it provides the servant and that it must serve. The concept of the Management Board is wider than that you need to define namely, public administrations. Public administration is a genus of the Management Board is distinct from the private administration of Both genres have more than one species. Please use the general notion that highlights the common characteristics of all types, giving us the criteria for the distinction between private and public administration and the ability to highlight the particularities of the various species of the two genres. In short, to manage is a business executive, at command or delegation of powers.

When this confrontation of public power, by way of derogation from the rules of the common law, it acquires the attributes of the public administration. On the right, the problem is to determine which are the public services and that should be how to organize them. In principle, the determination of the public services which fall within the state variable is a problem in time and space, assessed exclusively political, the representative bodies of the State, by law. Essential Element in determining the scope of the public service is to delimit the scope of the individual and collective trebuinţelor which can be satisfied by the private sphere of the civil society, that of trebuinţelor which need public support through public administration.

Starting from this demarcation is operating the distinction between private and public administration, the distinctions are kept out of the reach of Parliament, and the Act by which make such a distinction is the law. in carrying out this task, the Parliament shall be entitled to exercise their functions of public administration or may entrust tasks of executive power, administrative as separating the sphere of public administration of the State, local government and the relationships between them, as well as the specific powers of each. Since these distinctions are laid down by law, it is normal that those who perform administrative services to be subject to the law, even if you are part of the State, of local public administration or public administration, private or belonging to the category of those who enter into relationships with any of these forms of administration.

Management concept, meaning to be in public or in private life, gave rise to many questions to which answers are given in different ways, according to the authors, the historical period in which they were made, the underlying theories there to. Administrative complexity of the phenomenon results from the fact that normally we talk about government and private administrators and public officials that administrative functions, for persons under the command of others who implement decisions and implement those decisions are in a hierarchical position higher. Management term derives from the Latin "administration" which means the server and is connected with the word "magister" which indicates that the master and servant which it reports that it shall serve him. Management concept is broader than that which we need to define ie government. Government administration is a distinct kind of private government administration Both genres have more species.

There before we must use the general term that highlights common features of all types of administration, giving us criteria for distinguishing between public and private administration and the opportunity to highlight features of the various species of the two types of administration. In short, managing is a business executive, called into the command or delegation of tasks. When this activity achieve its goals using public power, notwithstanding the common law rules, it acquires the attributes of government. The plan administrative law, the question is to determine which services are public and which must be how to organize them. In principle, determination of public services which are used in a problem state is variable in time and space, taken exclusively political, representative bodies of state law. Essential element in determining the scope of public services is the delineation of individual and collective scope of needs may be met by the private sphere of civil society, that of of needs that need public support, through government.

From this distinction is the distinction between government and operate private dimensions of this distinction remains to reach Parliament, and the act of making such a distinction is the law. in this task, Parliament may reserve their appointment to government or may entrust the administrative tasks of executive power, as can delineate the scope of state government, by the local government, establishing relations between them and the specific powers of each. Since these awards are established by law as those who meet the normal administrative services to obey the law, even if part of state government, the local government or private government, or are part of those who enter relations with any of these forms of government. Romanian legislation takes the form of a reduction techniques used as the concentration of power in both the decentralisation and desconcentrarea. In turn, decentralization is carried out on the one hand, on a territorial, and on the other hand she performs and through autonomizării public service.

Territorial Decentralization is performed on the database requires the recognition of legal personality of the administrative-territorial units, the allocation of assets and the existence of bodies with representative character, allowing local communities for the Organization, operation and management of autonomous interests. Decentralization based autonomizării public service, is to become a public service in the local or central competence and recognition of legal personality, a heritage and of its governing organs. Necessary public services organised as Kings of autonomous or companies. Another category of public services is that of the services of localities, they belong to the organisational structure of mayoralties. We consider the services of a guardianship authority, civil status, etc.

Romanian Legislation maintained locally and desconcentrare relationship in the sense that the powers of the Ministers in the external services locally. Between external services and ministries belonging to exist a relationship of subordination desconcentrare, characterized by such services to central management. Maintain hierarchical relationship between those services and ministries, we support the assertion according to which those services are decentralised. Thus, the time of the Constitution of these services be decentralized is wrong. The concept of local autonomy, as he outlines in Law nr. 215/2001, including in terms of three elements: organizational structural, functional and Manager. Important territorial decentralization by autonomous character recognition of local communities in terms of organisational, functional, and Manager, question of the relationship between the autonomous authorities local and Central. These ratios were qualified as trustee, the concept is different depending on the historical developments. At the time of the Romanian legislation fală has abandoned the concept of the administrative supervision exercised by the central organs of the autonomous local authorities, replacing it with the modern concept of the administrative supervision of legality exercised by the prefect. Principle of decentralisation on services, represents some special features of its settlement in Romanian law after 1989. First, this principle finds its uniform rules into a single legal instrument. Secondly, the first laws-the Law nr. 15/1990 – by which it was intended to restructure the economy in order to improve the efficiency of these activities have included public services in the sense that they were conducted either by the Kings, or companies.

So, what was sought was the reorganization of the economy. As regards the degree of decentralization on services, show that he is less or more, depending on the autonomy of more or less widely enjoyed by the public service, either by girat local government authorities or by self-regulatory Kings or companies formed in accordance with Law nr. 15/90.