CONDITIONS, MEANS OF OPTIMISATION AND THE LIMITS OF LOCAL AUTONOMY

The principle of local autonomy, as right and capacity of local authorities to address and manage public issues, on behalf of and in the interests of the local communities they represent, requires meeting the following cumulative conditions: recognition of the legal personality of the local communities and the election of their administrative authorities. The author brings arguments relevant to point out that local authorities must have the power of self-regulation, contractual freedom and adequate financial resources. Local autonomy limits are imposed by the need to respect the character of the decentralised unitary State and are guaranteed through the administrative control exercised by the central power. The originality of this article lies in the fact that the analysis of the legal texts was done in correlation with how they have been applied by the courts, particular relevance being given by the decisions of the Constitutional Court of Romania.