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INSOLVENCY OF ADMINISTRATIVE-TERRITORIAL UNITS

 

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  1. Authors:
      • Verginia VEDINAS, Afiliation: Associate member of the Academy of Scientists of Romania
      • Daniela CIOCHINA , email: danielaciochina@yahoo.com, Afiliation: Member of the Superior Council of Magistracy

    Pages:
      • 239|244

  2. Keywords: administrative-territorial organization, administrative-territorial units, communes, cities, counties; insolvency, deliberative bodies; executive bodies; principles of organization and functioning of local public administration.

  3. Abstract:
    This paper aims to carry out an analysis of the regulation of insolvency procedures applicable to the administrative-territorial units. It addresses, in terms of content, three major issues. The first is related to the current constitutional status regarding the manner of administrative-territorial organization of Romania, and the organization and functioning of public administration in the administrative-territorial units.
    The second issue concerns the analysis of the legal regulations regarding the local public administration, and the last deals with, by reference to the constitutional and legal rules, the constitutionality of the regulation, by emergency ordinance of the procedure of insolvency of administrative-territorial units.
    The conclusion is that such a procedure established by the Government Emergency Ordinance No.46/2013 is contrary to the letter and spirit of the fundamental law. 

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