Introduction

Romania is a sovereign, independent, unitary, indivisible national state, the form of government being a Parliamentary Republic with a semi-presidential regime. The Romanian President is directly elected for a five-year mandate, for maximum two terms. The Romanian Parliament is bicameral and consists of the Chamber of Deputies (Camera Deputatilor) composed of 329directly elected deputies and the Senate (Senatul) composed of 136directly elected senators (after 2016 legislative elections). The Romanian Parliament has a four-year mandate.

According to Article 3(3) of the Constitution, the territory of Romania is divided into Communes (comune), Towns (oraşe) and Counties (judeţe); the big towns (cities) are declared municipalities (municipii) through a specific law. Towns having a large number of inhabitants and being of major economic, social, political and scientific importance at national level or meeting the necessary conditions for development in these fields may be classified as municipalities (cities) (Law 351/2001 with subsequent changes).

The Romanian Counties are the administrative-territorial units at the intermediate level, while Communes, Towns and Municipalities (Cities) form the local administrative level.The intermediate administrative level consists of 41 Counties.The Municipality of Bucharest (the Capital of the country), holds both municipality and county competences. A prefect is appointed by the central government as a representative of the government at the county level.

The management of local public affairs is the responsibility of the self-governing deliberative local administrative authorities, namely the County Council (Consiliul Judeţean) and the Local Councils (Consiliul Local).The local level comprises 2,861Communes, 217 Towns and 103 municipalities (cities).

The Regional Development in Romania Act (No. 315/2004) establishes the institutional framework for regional development policy in Romania, its objectives, the competences of the development Regions and the specific instruments of regional development policy. There are eight development Regions on the Romanian territory. The development Regions are not administrative-territorial units and have no legal status.

According to Law No 315/2004 on Regional Development, the main objectives of regional development policy in Romania are as follows:

•           Reducing the existing regional imbalances by encouraging balanced development, accelerating the economic and social recovery of the less developed regions according to the historical, geographical, economic, social and political imbalances and preventing the emergence of new imbalances;

•           Correlation of sectoral policies and activities at regional level by encouraging government initiatives and by exploring local and regional resources in order to develop economic and social development and foster cultural development;

•           Promoting interregional national and international cooperation, cross-border cooperation also in the context of the Euro-regions; and

•           Encouraging the participation of the development regions in the European structures and organisations promoting their socio-economic and institutional development in order to carry out projects of mutual interest in accordance with the international agreements signed by Romania.

The Government has the right to issue legal acts that are compulsory for the local authorities. The prefect, as representative of the government at County level, has the right to control the legality of acts issued by the local authorities. Articles 120 and 123 of the Constitution provide the legal limits of the exercise of authority by the prefect on the Local Councils, which are the functional autonomy, the principle of administrative autonomy and decentralisation as well as the principle of de-concentration of public services.

In addition to the Constitution of 1991 (amended in 2003), the Law of Local Public Administration of 2001, the Framework Law on Decentralisation of 2006, the Law on Regional Development of 2004 and the Administrative Code adopted by GEO 57/ 2019 are the main sources to be consulted.

Central level

The central level has the legislative power in all areas and carries out state policy, foreign policy, manages the state budget and maintains law and order.

According to Article 73 of the Constitution, laws regulate:

• The electoral system;
• The organization, functioning, and financing of political parties;
• The status of Deputies and Senators;
• The organisation and holding of referenda;
• The organization of the Government and of the Supreme Council of National Defence;
• The state of partial or total mobilisation of the armed forces and the state of war, the state of siege and emergency;
• Criminal offences, punishment and the execution thereof;
• The granting of amnesty and collective pardon;
• The status of civil servants;
• The contentious issues falling within the competence of administrative courts;
• The organisation and functioning of the Superior Council of Magistracy, the courts, the Public Prosecutor and the Court of Auditors;
• The general organisation of the education system;
• The organization of local public administration, territory, as well as the general rules on local autonomy; The general rules covering labour relations, trade unions, employers' associations and social protection;
• The status of national minorities in Romania; and
• The general statutory rules concerning religious cults.

Regional level

The Regional Development Agencies are the executive bodies of the Regional Development Councils of the Development Region. Regional Development Agencies develop strategies, attract resources, identify and implement financing programmes and offer services for stimulating sustainable economic development, partnerships and entrepreneurial spirit.

The Regional Development Councils – composed of the County Council presidents – are the deliberative bodies that coordinate the entire regional development process in a certain Development Region.

The Regional Development Council:

-    Analyses and decides upon the strategy and the regional development programmes;

-    Approves the regional development programmes;

-    Presents to the national regional development council proposals regarding the allocation of resources from the regional development fund;

-    Approves the criteria, priorities, assignment and the destinations of the resources from the Regional Development Fund;

-           Follows the utilisation of the funds assigned to the Regional Development Agencies from the National Regional Development Fund.

The Counties are responsible for:

Own competencies: (Article 22 of Framework Law n°195/2006 on decentralisation, revised by GEO no. 42/2016)

• Management of local airports;
• Management of public and private domain of the County;
• Management of cultural institutions of County interest;
• Administration of public health units of the County;
• Primary social services and specialised services for victims of domestic violence;
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• Issuing of permits / authorizations;
• Medical care provided in some public health units with disponible beds;
• Other competencies established by law.

Shared competencies of the County with the authorities of central public administration (Article 26 of Framework Law n°195/2006 on decentralisation, revised by GEO no. 42/2016):

• Management of road infrastructure of County interest;
• Special education;
• Medical care and social services for people with social problems;
• Primary social services and specialised services for the child protection;
• Specialised social services for people with disabilities;
• Specialised social services for the elderly;
• Public community service of personal records;

• Agricultural consultancy at the county level;

• The financing of personnel costs for doctors and nurses, as well as medical and sanitary expenses in medical and social care units;
• Other competencies established by law.

Delegated competences: (Article 27 of Framework Law n°195/2006 on decentralisation)

• The County Council exercise competences delegated by central public administration authorities on payment of allowances for children and adults with disabilities

Administrative supervision by the Prefect:

On the basis of Article 123 of the Constitution and of Law n°340/2004 on the institution of the Prefect:

• The Prefect, directly appointed, represents the central government in each county as well as in the municipality of Bucharest;
• The Prefect reviews the legality of acts adopted by the local authorities and the County Council, including the acts of the president of the County Council;
• The Prefect heads the devolved public services of the ministries and of the other organs of the central public administration in the administrative-territorial units; and
• The Prefect is responsible for implementing the central government's strategy and programmes at the local and county level.

Between the Prefects, on the one hand, the Local Councils and the Mayors, as well as the County Councils and their presidents, on the other hand, there are not subordination relationships.

Local level

The Municipalities (Cities), Towns and Communes are responsible for:

Own competencies (Article 21 of the Framework Law n°195/2006 on decentralisation, revised in February 2016, revised by GEO no. 42/2016):

• Management of public and private domain of the State;
• Management of road infrastructure of local interest;
• Management of local cultural institutions;
• Administration of local public health units;
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• Water supply;
• Sewerage and treatment of wastewater and pluvial waters;
• Public lighting;
• Sanitation;
• Social services for child protection and for the elderly;
• Social services and specialised services for victims of domestic violence;
• Community health care;
• Medical care provided in local public health units with beds available;
• Local public passenger transport;
• Issuing of permits / authorizations;
• Other competences established by law.

Shared competencies of Municipalities (Cities), Towns and Communes with the central public administration authorities (Article 24 of Framework Law n°195/2006 on decentralisation, revised by GEO no. 42/2016):

• The heat supply produced in a centralized system (district heating);

• Construction of social housing for youth;
• Pre-university education, excepting special education;
• Public order and safety;
• Granting of social assistance to people in need;
• Prevention and management of local emergencies;
• Medical care and social services to people with social problems;
• Social services for people with disabilities;
• Social services for the elderly;
• Public community services of personal records;
• Management of road infrastructure of the communes;
• The financing of personnel costs for doctors and nurses, as well as medical and sanitary expenses in medical and social care units;
• Urban planning and urbanism;
• Other competencies established by law.

Delegated competences: (Article 27 of Framework Law n°195/2006 on decentralisation)

• Local government authorities exercise competences delegated by central public administration authorities on payment of allowances for children and adults with disabilities.