2019

DOI:https://www.doi.org/10.31178/AUBD.2019.13

Abstract:Thefundamentalchangesthat the Romanian state underwent following the December 1989 Revolution have also left their mark on the legal system. For this reason, major changes have taken place with regard to the substance of administrative law.

However, the regulations governing administrative-territorial subdivisions survived the change in political regime, as they were established by Law 2/1968. Furthermore, provisions regarding administrative-territorial subdivisions can also be found in Law 215/2001, as well as in the 1991 Constitution, revised in 2003.

This has led to some issues of interpretation. Thus, on the one hand, we must determine who has the authority to establish administrative-territorial subdivisions, and on the other hand, we must consider whether the answer to the first question might give rise to an interpretation that would be unconstitutional.

At the same time, from a procedural standpoint, administrative-territorial subdivisions have raised issues of interpretation regarding their legal capacity.

In this article, we aim to analyze the issues mentioned above.

Keywords:administrative-territorial subdivisions, local authorities, constitutionality, legal capacity, local public administration