Acta Universitatis Danubius. Administratio, Vol 7, No 1 (2015)

Financing Territorial Administrative Units from the Budget Reserve Fund of the Romanian Government on Political Criteria

Mihai Lupu


Trying to explain the influence of communist ideology on the post-revolutionary Romanian legal system, we sought effective procedures, within legal boundaries, illustrating the manner in which democratic principles are compromised by old practices. One of these procedures is financing territorial administrative units from the budget reserve fund of the Romanian Government according to  political criteria.  This research focuses, briefly, on demonstrating the illegality of this activity and on the way to be followed so as to cancel the administrative legal acts covering allocation on political criteria, namely administrative action. The approach doesn’t pretend to be exhaustive, treating all aspects implied by such an action. Therefore, we only talk about  those we consider relevant. Responsibility for issuing illegal administrative acts may take different forms: political, criminal or administrative. We believe, in this case, that the best solution is to promote the application for annulment of the act of discrimination in contentious administratively even if pedendi causa, law enforcement, is abstract. A sustained practice in this area would undoubtedly deter excessive executive power by public authorities and strengthen democratic institutions.


Full Text: 54-66



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