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Since its entry into force and to date, Law no. 215/2001 on local public administration has undergone many amendments and completions. One of the questionable additions to this act is done by GEO (OUG) no. 41/2015, a regulation which brought two new articles to the body of the framework-law on local public administration, i.e. Article 55¹ and Article 99¹. These two articles regulate a unique way of establishing the local or county council, namely by reconstituting these autonomous collegial bodies. This article examines the legislative intervention made by GEO no. 41/2015 and highlights the unconstitutionality aspects of this legislative intervention, recommending the legislature to urgently repeal the regulations governing the reconstitution of the local and county councils.

The need for a public life dominated by integrity has determined the Romanian legislator to take a series of normative acts that have established the defense instruments for the integrity standards and the institutions responsible for using these tools. As a part of the Romanian public sector, local public administration must be characterized by a high level of integrity, a prerequisite for quality administration, leading to increased public confidence in the local administration act. The local elected officials must strictly comply with the legal regime governing conflicts of interest and incompatibilities, otherwise they risk being declared incompatible or in conflict of interest. In Romania, the administrative authority ensuring the compliance of local elected officials with the legal provisions on incompatibilities and conflicts of interest is the National Integrity Agency. The article deals with the issue of the integrity of the local elected officials from the perspective of the autonomous administrative authority.

The national legislation in the field of local public administration has steadily improved following the onset of the process of adapting to the European requirements. The increase of public confidence in the institutions of public administration in general, and in those of local public administration in particular, can be ensured solely through the transparency of the decisional act at local level and through a conduct of integrity of the local administration staff and of the local officials. Decisional transparency and integrity in local public administration are concepts that have become concrete in the Romanian administrative system through several national legislative instruments inspired by European regulations. The article analyzes these legislative instruments and proposes an improvement of the legislative solutions contained, in order to increase transparency and integrity in local public administration and to avoid blockages in their implementation in administrative practice.

The need for the development of local communities in terms of economic and social policy-making requires finding answers institutional and public policy context in which the company is located. More and more the focus is on partnership and cooperation between the various actors of public life, on the involvement of private capital in local investment, on the establishment of companies to boost the joint venture or the establishment of local action groups to train both local public administration, the local economic environment, local non -governmental entities and other persons concerned in the design, implementation and completion of local development projects financed from European funds. The projects for local communities will receive support from the increasingly pronounced from the European Union, having regard to the fact that through the development of local communities will strengthen the European project.

The article approaches the topic of administrative acts motivation, analyzed from the doctrinal and jurisprudential perspective. If at first, motivation was considered merely a formal condition of the administrative act, as a result of the national and European, doctrinal and jurisprudential evolution, motivation is now regarded as one of the most important conditions of validity for the administrative act. Motivating administrative acts represents also a manifestation of the right to information, sealed by the Romanian Constitution, and a dimension of the right to a good administration, as stipulated in the Charter of Fundamental Rights of the European Union.

The present study proposes to identify part of the problems that appeared in administrative practice and to offer possible solutions or interpretations. The identified problems, generated by numerous changes in society, oblige the lawmaker to adapt the legislations so that the social values find the needed defense through law, but also in other normative documents. State practice in general and administrative practice especially have highlighted that an ambiguous stipulations can lead in many situations, to divers interpretations or institutional blockages. Also, administrative lacunas create serious difficulties, especially in the domain of local public administration, in the activity of authorities and institutions of local level. It is thus imposed to find viable solutions in concordance with society development, in permanent state of change.

The article regards the theme of ending by right the mandate of the mayor, as a result of the apparition of a state of incompatibility. Incompatibilities protect the mayor’s mandate, are imperatively stipulated by law and involve a right to opt between the two functions or activities. Although, as a rule, the mayor’s mandate is of four years and ends when the newly elected mayor is sworn into function, there are situations when it can stop before this term, because of an incompatibility situation. Throughout the article, the authors underline the contradictory regulations regarding the ending of the mayor’s mandate by right, as a result of the apparition of the state of incompatibility, suggesting the necessity of a future legislative intervention in the domain. This is also encouraged by the jurisprudence of the Romanian Constitutional Court, that has stated that the legislative intervention is needed to adapt the normative documents to the economic, social and political realities, but also to ensure a unitary legislative frame, that contributes to a better application of law and to avert any doubtful or unjust situation in applying the law.