BRAND: The Legal Regulation of the Substitution of the Budgetary Credit Release Authority

Ionel Bostan brings forward some improvements to be taken into account regarding the modification of legal norms which should ensure at least the functioning of the local authorities without elected officials.

Basic needs of inhabitants are ought to be fulfilled by the central and local Governmental administration, through the system of public institutions. For this reason, the public budget is the one who supports the management and well-functioning.

It is truly interesting that this field is a branch of literature, even though it is not fully developed; focusing only on credit release authority and on the management of the budget. Generally, the most important credit release authorities, the directors of the public institutions have the legal right to authorise similar position to a legitimate successor in this regard.

Through the delegation process, boundaries and conditions will be provided by the main credit authorities. Despite the clear steps of the procedure, real complications may appear – which are to be revealed in Ionel Bostan’s study: The Legal Regulation of the Substitution of the Budgetary Credit Release Authority in Exceptional Conditions. The author will present answers to be taken into account when difficult questions will arise – for example, how to keep problems from happening when the central budgetary credit release authority is replaced.

The main role of the credit release authority is to collect and spend all the funds of which it holds right upon. The main tasks of this authority were advocated by the Law of public finances no. 273/2006 (LPLF) and it presents multiple aspects such as the steps to follow in creating a budget draft, or techniques of securing the safety of goods, etc.

The vacancy of the secretary post of the ATU can determine serious difficulties, causing the local public authorities to become dysfunctional. In this way, administrative problems can endanger the concerns of the local community.

Although the vacancy of the secretary post from ATU ‘situation’ can barely happen, causing deliberative authority dissolution and the impossibility of simultaneous exertion of attributions of the executive authority, it is important what measures should we take in considerations before acting.

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Andreea Toma