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THE FUTURE OF THE ADMINISTRATIVE-TERRITORIAL UNIT'S DEVELOPMENT: A BETTER ADMINISTRATION OF THE PUBLIC AND PRIVATE DOMAIN. A LEGAL APPROACH OF ROMANIA
Abstract
Although local public administration authorities have a territorial jurisdiction which is limited to the territorial administrative units in which they were elected and where they function, the difficult period transited by the state on the background of the existing international economic crisis, puts in real difficulty the smooth running of the local government. The created dysfunctions are more obvious because, although in the decentralization process, local public administration authorities are obliged to exercise their powers responsibly, respecting the quality standards in the provision of public services, they are actually put in the situation to identify their own solutions to local development. In the context where a real obstacle in the way of this goal is represented by insufficient financial resources from local budgets, needed to ensure their own contribution required by the funding authorities, this study will analyze the possible solutions conferred by the Romanian low to local public administration authorities for the purpose of raising funds to the local budget with reference to the efficient management of the administrative-territorial unit through a better management of the public and private domain. In this respect, of reference is the possibility of management of the forest fund owned by the administrative-territorial units through private forest ranges, founded by them, respectively the lease or rental of pastures property of the administrative-territorial units by public action.
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References12
Vedinaş, V. (2014), Drept administrativ, the eighth edition revised and updated, Universul Juridic Publishing House, Bucharest, Romania, 2014, p.425;
to analyze the principle of decentralization, see Balan, E., Instituții de drept public, ALL Beck Publishing House, Bucharest, Romania, 2003, pp.46-52;
for the concept of public service and public utility service, see Iorgovan, A., Tratat de drept administrativ, All Beck Publishing House, Bucharest, Romania, volume II, IV edition, pp.178-187, 2007; Vedinaş, V., work cited., pp.280-284; Puie, O., Serviciile de utilitate publică, Universul Juridic Publishing House, Bucharest, Romania, 2012;
Emil Balan Cristi Iftene, Marius Văcărelu (coordinators), " Administrația publică în situații de criză ", Wolters Kluwer Publishing House, Bucharest, Romania, ISBN 978-606-677-0057, pp. 94-101, 2015; Balan. E., Iftene, C., Troanţă, D., Varia, G., Văcărelu, M. " Administrația publică - între misiuni și constrângeri bugetare. Dimensiuni juridice și manageriale", Wolters Kluwer Publishing House, Bucharest, Romania, pp.279-285, 2014;
Law no. 46/2008, published in the Official Gazette of Romania, Part I, no. 238 of 27 March 2008, with subsequent amendments and additions;
Government Emergency Ordinance no. 34/2013 on the organization, management and exploitation of permanent grassland and amending and supplementing Land Fund Law no. 18/1991, published in the Official Gazette of Romania, Part I, no. 267 of May 13, 2013, approved with amendments by Law no. 86/2014, published in the Official Gazette of Romania, Part I, no. 491 of July 2, 2014, with subsequent amendments;
Published in the Official Gazette of Romania, Part I, no. 833 of December 24, 2013;
Published in the Official Gazette of Romania, Part I, no. 333 of June 7, 2013;
Moreover, distinct from the civilian conception that the concept of public domain overlaps that of public property, public law authors give the concept of public domain a broader sense, that includes within the definition of public domain, in addition to publicly owned property or simply, public goods, some certain private goods, but not any private property, but those that have a special meaning, which gives them the same vocation as the public ones, respectively their public destination, satisfying the public interest - see, Iorgovan, A., Tratat de drept administrativ, All Beck Publishing House, Bucharest, Romania, Vol. I, Fourth edition, p.173, 2004;
Apostol Tofan, D., Puterea discreționară și excesul de putere al autorităților publice, C.H. Beck Publishing House, Bucharest, Romania, 1999, p.39;
For details on aspects regarding the pricing of the concession and lease of grasslands under the new normative framework in the matter, see, Cătană, E.L., Observații critice privind modul de stabilire a prețului concesiunii/închirierii bunurilor din domeniul unităților administrativ-teritoriale prin noul cadru normativ în materia organizării, administrării și exploatării pajiștilor permanente, Revista de Drept Public (Public Law Magazine), Romania, nr. 3/2014, pp.79-90, 2014;
Abrudan, I. V., Marinescu, V., Ionescu, O., Ioras, F., Horodnic, S.A., Sestras, S., Developments in the Romanian Forestry and its Linkages with other Sectors, Notulae Botanicae Horti Agrobonatici Cluj Napoca, AcademicPres, Romania, 37 (2), pp.14-21, 2009.
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