REFERAT DREPT: ADMINISTRATIA PUBLICA DIN ROMANIA

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Local Public Administration as factor of stability and regional developmentAdministratia Publica Locala ca factor de stabilitate si dezvoltare regionalaStudent: Popescu AncutaCoordinator: prof. dr. Dumitru PopoviciThe "Tibiscus" University of TimisoaraAbstract:In this work is talkink about the implementation of the communitar-aques at the lever of the local administration and how the finances of the UE is unrolled to the European space,the mode of constitution and allocation of the public financed resources on the Roumanian territory.Kei words:public administration, finances, cohesion, implementationJEL classification: G18 - Government Policy and RegulationThe division of the Romanian territory into territorial administrative units was carried out for a better administration of financial and material resources, taking into consideration the fact that on the level of the local communities, they know better the needs of the community and can efficiently intervene in order to solve the problems on a regional and local level.An administrative territorial unit is a legal person of public law with complete juridical capacity and own patrimony. These legal persons are subject to fiscal law, holders of the fiscal registration code and of accounts open at treasury units, as well as at banking units, they are holders of rights and obligations deriving from contracts of administration of the goods belonging to the public and private property they are part of, as well as from relations with other natural and legal persons.The public administration in the administrative territorial units is organized and functions based on the principle of decentralization of local autonomy, decentralization of public services, eligibility of authorities of public administration, legality and consulting of the population.Local autonomy means the right and the effective capacity of local public authorities to solve and manage the public financial resources that the territorial administrative units have, in correlation with their competences and attributions, in all the fields.Two or several territorial administrative units can associate and cooperate in order to jointly carry out some development projects of general and regional interest or for commonly providing public services.The government supports initiatives of association of administrative territorial units by means of national programs of development, these being financed from the state budget and are distinctly provided for in the budget of the Ministry of Internal Affairs and of Administrative Reforms. The cooperation initiative with other administrative territorial units from abroad as well as adhesion to an international organization will be approved by the Ministry of External Affairs by the mayors.Convergence to the European areaIn the year 2000, in Brussels takes place the opening session of the International Conference regarding the negotiation of adhesion of Romania to the European Union. The following aspects were drawn attention on:-the official adopting of the EU acquis-alignment to the practices of the European Union regarding the relationships with other states and international organizations.At the same time, attention was drawn to the fact that Romania`s application for adhesion to the European area will be assessed according to its own merits.The European Union is based on the values of respect of human dignity, liberty, democracy, equality, state governed by law and respect of the human rights, rights of national minorities included. These values are common to the non member states, in a society based on pluralism, nondiscrimination, tolerance, justice, solidarity and equality between men and women.It is values that define Europe, not borders.Romania presented its strategic objectives determined by the political, cultural and socio-economic aspirations having its adhesion in view. As far as public administration is concerned, Romania has set the goal of establishing of a functional and efficient public administration system, capable of implementing the EU standards and that of strengthening the administrative capacity of public institutions.The results expected by Romania were the creation of a well functioning department, able to manage the public administration reform and a coherent governmental program of reform of the public administration.Since the 1st of January 2007, Romania has been a member state of the European Union after negotiations regarding of all the domains that are considered strategic ones. As far as local autonomy is concerned, Romania has signed the ratification treatise of the European Charter of Local Self-Government. The member states of the European Council which signed the Charter consider that a closer union of its members is achieved in order to protect and promote the ideals and the principles that represent their common patrimony, considering that one of the means of achieving this goal is the conclusion of agreements in the administrative fields, considering that local public administrations represent one of the main fundamentals of any democratic regime, considering that the citizens` right to participate in the solving of the public affairs is part of the common democratic principles of all the member states of the European Council, convinced that on a local level this right can be exercised in the most direct way, convinced that the existence of the authorities of the local public administration empowered with effective responsibilities allow the administration to be at the same time more efficient and close to the citizens, aware of the fact that the defense and strengthening of the local autonomy in various countries of Europe represents an important contribution to the building of a Europe based on the principles of democracy and decentralizing of power, asserting that this presupposes the existence of authorities of local public administrations having decision organs, democratically founded and which benefit from a wide autonomy as far as competences the way of exerting these competences and the necessary means for achieving their mission are concerned.The agenda of 2000 initially envisaged enlargement costs for six states, 42,6 billions for commitments in 2004-2006, negotiations with six states started in December 1997. The concept of the ferocious ring is introduced, meaning that neither sums destined to the enlargement with the countries with which negotiations are in course could be destined to other expenses of the EU, nor the other way round.The European Council of Seville - June 2002 - confirmed the conclusion of negotiations with ten states, the adhesion costs of the 10 states being maintained within the maximum limit set by the Agenda 2004 (2,6 billion Euros).For the period 2007-2009, the policy of cohesion of the EU was reformed in order to better respond to the objectives set in Lisbon: durable development and competent economy based on knowledge, technologic research an development and sustainable development, employment of the labor force. After this reform, the policy of cohesion will have three instruments at its disposal: European Fund for regional development, Cohesion Fund and Social European Fund.The three instruments will be used for helping to diminish discrepancies between various regions of the EU, emphasizing knowledge and innovation, the creation of new, more numerous and better jobs, cooperation between the regions and transformation of the regions in attractive places for investments and work.Romania, as beneficiary of structural funds, is eligible for all three instruments and for two objectives: the European Convergence and Territorial Cooperation. The national development plan includes national strategies of development of Romania. In this document, finalized in 2004, the objectives, strategies, planning activities and financing sources are presented from a multi-annual perspective, document that had not to be submitted to the approbation of the Council of Europe.Operational programs are documents for each strategic objective of the CSNR, the priority axes and fields of intervention giving details on the national public financing and EU co-financing.The program for competitive development is on by the Ministry of the Economy and Finances and by the General Directions of the Public Finances which, on a county level, are authorities of the central public administration and by which the strategy and the development program of the government in the field of public finances and application of the fiscal policy of the state are implemented. These ensure:-organization of the activity of registration of tax payers-organization of the financial-fiscal control activity-supervision of the expenses of the budget sector-ensure the budget balance-management of public fundsIn Romania the territorial organization of the public finances overlaps with the division of the national territory into territorial administrative units, being structured on hierarchic level, within the limits of each administrative unit being counties, municipal towns, cities, communes.From the juridical point of view, the territorial financial organs are institutions of the public administration, having their own management an administration, their field of activity differing on the organization level:-general directions of public finances-administrations of the public financesThe local budget represents the document in which revenues and expenses of the territorial administrative units are allotted every year. Local budgets are instruments for the planning and running of the financial activity of the territorial administrative unit. The structure of local budgets reflects and shows the degree of autonomy of local administration, their flows of revenues and the way of financing expenses. The procedure of elaboration, approval and execution of local budgets is based on the principle of local autonomy, while the methodology of elaboration and execution of local budgets is set by the Ministry of Economy and Finances.An efficient administration is an administration that succeeds to gather human and informational competences, while the people serving it are aware of the fact that the final beneficiary of each of their actions is the citizen. Transparency, communication and support for elaborating the governmental policies. Briefly this is the new approach of the public administration in Romania. The structure of revenues is represented by levies and taxes from the tax payers, natural and legal persons, of the territories of the territorial administrative units, and also: contributions deducted from income taxes paid to the State Budget and sums deducted from income taxes of the fund created on the level of the county council, directed and managed by the DGFP (General Direction of Public Finances) (equilibration fund).Destination of funds:-80% at all the UAT of the county, based on some fundamental calculations (financial capacity, number of places etc.)-20% for the UAT that carry out programs of developing services of local public interest, as justification of the co financing of the Territorial-Administrative units.The main chief accountants of credits of local budgets (municipalities, presidents of county councils) will establish the actions to be financed from the local budget, based on programs that will be drawn up by the institutions and public services of local interest in order to finance activities, objectives designed to be annexes of the local budget.In the national economic policies, authorities of the local public administration have the right to have their own, sufficient resources, of which can dispose in a free way while exerting their functions. The financial resources of the authorities of the public administration shall be proportional to the competencies assigned by the constitution or by the law. At least a part of the financial resources of the local public authorities must come from local taxes and levies, the level of which they have the competence to establish within the limits established by the law.The tax systems for gathering the resources available to the authorities of the public administration must be of a sufficiently diversified and progressive type so as to closely follow the real evolution of the costs of exerting their competence. Regarding the creation of the financial resources one should take into consideration the principles of financial local autonomy, of transparency and proportionality of decision, which means that the resources shall be equal to utilizations.The authorities of local public administration legally have the full capacity of exerting initiatives in all the fields that are not excluded from their competence. The exercise of the public responsibilities should generally be of those authorities that are closest to the citizens. On attributing a responsibility to another authority they should take into consideration the extension and the nature of the task and to a certain extent also the requirements of efficiency and economy.The local public authorities shall be consulted, in a proper way, regarding the manner of distributing the resources they have a right to. The subventions assigned to the territorial administrative units should be designated to financing some specific projects. Assignment of subventions should not prejudice the fundamental liberty of the policies of the local public authorities in their field of competence.In order to finance their investment expenses, the authorities of local public administration should have access to the national capital markets.Any administrative control on the activity of the authority of the local public administrations cannot be exerted unless in the forms and cases envisaged by law. Any control should normally ensure only the observance of law and constitutional principles, the administrative control can yet include an opportunity control exerted by the authorities hierarchically higher, regarding the tasks whose execution is commissioned to the local public administration.The administrative control on the activity of the authorities of the local public administration should be exerted by observing proportionality between the extent of intervention of the control authority in the interests that it intends to protect.Financial package for RomaniaAfter adhesion to the European Union, Romania benefits from a financial package, that is the totality of the negotiation and adhesion budgetary implications provided in chapter 29 - Financial and budgetary provisions, which was negotiated in the pre adhesion process.The EU budget is the instrument by which the EU programs and actions for fulfilling the common policies are carried out. Taking into consideration the fact that the EU projects take place in a period over a year, in order to ensure financial discipline and fitting into the available financial resources, the financial perspective is used on a medium term. This presupposes defining in anticipation of the budgetary priorities for the next period, usually seven years, and of the maximum limit of the EU expenses in this period, which cannot be over 1.24% of the EU PIB (gross national product), according to the actual methodology (agenda of 2000).From calculations done by the present time, Romania`s contribution to the EU budget in 2007 is about 800 millions of Euro. Part of this sum can return into the country based on commitments, depending on the capacity of the public authorities and economic agents to absorb the European funds available to Romania starting with the moment of adhesion. By the present time there was no opportunity for those who could undertake the procedure of absorbing the European funds, which has been done only in 10%, proving that Romania has work to do as far as the reform in the field of administration is concerned, its lack of administrative capacity being obvious.For the contribution Romania brought to the EU budget starting with January the 1st 2007, in the local budgets, as well as in the budgets on the level of the county councils, the state account budget was open in the name and account of the EU budget. The financial package for Romania and Bulgaria was drawn up by the European Commission on February the 10th 2004, then it was discussed with the member states, and negotiations between Romania and the EU regarding this aspect were finalized on July the 4th 2994, together with negotiation of chapter 29 - Financial and budgetary provisions.The proposition of the financial package was based on the political commitment of the member states that Romania and Bulgaria shall benefit from non discriminating treatment in relation with the Group of Ten will apply the same principles and methodologies as set in the financial package for the Group of Ten (...). For this reason, the financial package is limited to a period of three years.The financial package for Romania and Bulgaria amounts to 15.3 billion Euros for commitments representing 9.1 billions for payments in the period 2007-2009. This means that in the period of reference Romania and Bulgaria will contract commitments of 9.1 billion Euro funds from the European Union, the difference of 6.4 billion Euros being spent after 2009. For example, in the case of structural funds, the rule is that the sums employed for year n are spent, are gradually paid back in the year n+1.In order to implement the European norms as a result of the cohesion policy of the European area on the level of the municipal town of Timisoara, the municipality as authority of the local public administration and main chief accountant of budgetary credits launched for the first time on the national level the info-kiosk information network of the citizens, carried out during the phare program for regional policies of cohesion out of funds of the Romanian Government. The system allows easy access of citizens to information by the info-kiosk placed in important public places of the city and surroundings.The e-SSE-government Conference, from policy to practice, Brussels 29-30 May 2001, the municipality was invited to participate in the contest for finding solutions for the electronic governing of this international conference.The municipality participated in the conference with the demonstration of the info-kiosk for the management of documents related to payment of taxes and levies by electronic means. The municipality carried out the first real testing in Romania of the system of electronic payment by the system of local taxes and levies, supporting the initiatives and plans of the eEuropeplus. The municipality, together with the Frauhofer institute of Germany presented the good practices of technological transfer and development of informatics projects for the municipality of the EU and of South Eastern Europe. The project is part of the eEuropa initiatives and the municipality of Timisoara participates together with other cities of Germany, Poland, Bulgaria, Croatia, Hungary etc.The ANIAP Conference - 2003, subject (matter): informational integrated systems for public administration of Romania. The municipality participated in this event dedicated exclusively to solutions of public administration and demonstrated how the public administration implements the concept of e-Administration, the major beneficiary of all the accomplishments in this field being the citizen and his being served in a modern, efficient manner.Bibliography:Agency for Governmental StrategiesProf. dr. Dumitru Popovici: Budgets and Public Treasuries.