Instituţia autonomiei locale în constituţiile ţărilor comunităţii statelor independente (CSI): o analiză comparată

In: Revista Transilvană de Ştiinţe Administrative, Heft 1, S. 3-19

Abstract

The theoretical and pragmatic potential of the constitutional regulations and the comparative analysis of the peculiarities related to the normative fixing and the ways of implementing the local public power in the CIS countries, which have a common historical past and similar trends on building national sovereign states, can serve as a confirmation of the institutionalization and the need for a specific form of public power called local power in a democratic society. The rationale for recognizing the local autonomy in the constitutions of the states is determined by the following circumstance, namely, the recognition of the local autonomy principle in the fundamental law of the states constitutes a guarantee that it will be developed and deepened into the national law. Without such a constitutional basis, the local autonomy cannot be successful. From this perspective, it is important to conduct a comparative study of the constitutional texts of the states because the national legislative systems governing this phenomenon are designed under the constitutional provisions. The modalities of placing the local power in the supreme laws differ from state to state. The comparative study of the constitutional texts was carried out based on the following criteria: a) the inclusion and ensuring the local autonomy in the constitutional text; b) the interpretation of the concept of local autonomy in the constitutional text; and c) the approach and recognition of local autonomy.