2017

Abstract:Administrative developmentbased on the principles of decentralization, deconcentration, and local autonomy has led to disparities among communities. As we have shown, there are currently more developed communities, while at the other end of the spectrum there are settlements that are unable to cover their own expenses. To support all communities, but especially the latter, Law No. 286/2006—amending and supplementing Law No. 215/2001 on local public administration—introduced and regulated, albeit unfortunately too briefly, inter-municipal development associations.  

Although they are entities formed through the association of legal entities governed by public law, intermunicipal development associations have been classified in the relevant legislation as “private-law entities” with public-benefit status.

Furthermore, from the perspective of judicial review in administrative courts, intermunicipal development associations are treated as public authorities, an interpretation to this effect is provided by Article 2(1)(b) of the Administrative Litigation Law No. 554/2004, which defines a public authority as “any state body or body of territorial administrative units acting, in the exercise of public power, to serve a public interest; For the purposes of this law, legal entities governed by private law that, in accordance with the law, have obtained public utility status or are authorized to provide a public service are treated as public authorities.”

They are thus subject to a special legal regime, which has its origins in Government Ordinance No. 26/2000; however, their general legal framework is set forth in the Local Public Administration Law, which confers a distinct legal status on these entities due to the purpose for which they are established.

In light of these considerations, numerous legal issues have arisen in practice regarding these associative structures; for this reason, we have set out to analyze some of them in this article.

Keywords: inter-municipal development associations; local authorities; cooperative structures; community development; associative structures; local public administration