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Considerations Regarding The Government Emergency Ordinance No. 55/2014 For Regulating Certain Measures Concerning The Local Public Administration

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  • Elena Mihaela FODOR

    (Ph. D, Associated Professor, Faculty of law Cluj-Napoca , "Dimitrie Cantemir" Christian University, ROMANIA.)

Abstract

The Government Emergency Ordinance no. 55/2014 suspended for 45 days the dispositions of art. art. 9 par. (2) letter h1) and art. 15 par. (2) letter g1) from the Law No. 393/2004 that sanction the migration between parties with termination of the mandate for elected local officials. Starting with the relation between politics, public administration and law, the study points out that regulations concerning migration of elected local officials, from one political party to another after election time, is a moral and politic issue, not necessarily a legal one. Some decisions of the Constitutional Court of Romania on the subject are analysed. The reasoning of the EOG refers to situations of „political separations”, reorganisation of political parties and political alliances, the need to surpass gridlocks in order to insure a good administration. The paper analyses different possible outcomes of such situations that are not regulated by law. Regarding the legal effects of the ordinance, the main questions concerns the legal situation of the councillors that have already gave course to its dispositions, in the case such an ordinance will be rejected or adopted by the Parliament, or in case it will be found unconstitutional.

Suggested Citation

  • Elena Mihaela FODOR, 2015. "Considerations Regarding The Government Emergency Ordinance No. 55/2014 For Regulating Certain Measures Concerning The Local Public Administration," Curentul Juridic, The Juridical Current, Le Courant Juridique, Petru Maior University, Faculty of Economics Law and Administrative Sciences and Pro Iure Foundation, vol. 60, pages 27-38, March.
    • Handle: RePEc:pmu:cjurid:v:60:y:2015:p:27-38
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    File URL: http://www.upm.ro/facultati_departamente/ea/RePEc/curentul_juridic/rcj15/recjurid151_3F.pdf
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    References listed on IDEAS

    as
    1. Reza TAHMASEBI & Seyyed Mohammad Mahdi MUSAVI, 2011. "Politics-Administration Dichotomy: A Century Debate," REVISTA ADMINISTRATIE SI MANAGEMENT PUBLIC, Faculty of Administration and Public Management, Academy of Economic Studies, Bucharest, Romania, vol. 2011(17), pages 130-143, December.
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    Cited by:

    1. Elena-Mihaela Fodor, 2016. "Legal Or Moral Arguments For Regulating Some Political Matters In The State Of Law," FIAT IUSTITIA, Dimitrie Cantemir Faculty of Law Cluj Napoca, Romania, vol. 10(2), pages 93-105, October.

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      Keywords

      Politics and public administration; elected local officials; migration between political parties; law and morals;
      All these keywords.

      JEL classification:

      • K19 - Law and Economics - - Basic Areas of Law - - - Other
      • K39 - Law and Economics - - Other Substantive Areas of Law - - - Other

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