CONSTITUTIONAL PROJECT “ TIMISOARA “ ( CPT ) Part VII Title V: Public authorities of ‘power of state’ type, at locality level

CONSTITUTIONAL GROUP “ TIMISOARA “
Phone: 0256/446595
E-mail: forum.constitutional.timisoara@gmail.com
Web-site: www.lorin-fortuna.ro
No.10/03.08. 2013
Motto:
A “Constitution” of pseudo-law type generates a pseudo-State of law
CONSTITUTIONAL PROJECT “ TIMISOARA “ ( CPT )
has been made for the proper revision of the current Constitution of Romania
( by observing the constitutional provisions regarding the limits of the
Constitution’s revision set by article 152 of the current Constitution of Romania)
with the view of putting the present Constitution of Romania in accordance with
the ideals of the Romanian Revolution of December 1989 ( RRD-1989 ) as well as
in accordance with the will of the State electorate, expressed by referendum,
regarding the way of forming of the Parliament and the way of dismissal of the
President of State in case he was suspended by Parliament, but especially in order
to turn the current Constitution of Romania from “ Official declaration of
constitutional desiderata “ which it actually is, into “ Supreme law of State “ as it
should be both by right and in fact, within an authentic, democratic State of law,
but also meritocratic too, at societal level, as well as laic and civilized, as
stipulated by “Timisoara Constitution”.
Part VII
Title V: Public authorities of ‘power of state’ type, at locality level
Section I: General aspects of state public administration, at locality level
Chapter I: Types of localities
Article 126: Types of localities
(1) In the state territorial administration of the Romanian State there can exist the
following types of localities: municipalities; municipal-sectors; cities; communes;
villages; hamlets; establishments, out of which do benefit by leading state
institutions, at locality level, with elected leaders, respectively with certain elected
component members (in accordance with the provisions of the Constitutional Law
related to the locality administration), only the municipalities, the municipal
sectors, the cities and the communes.
(2) The municipalities can be of the following levels: state capital, provincial capital,
county capital.
(3) The official status of the localities provided to dispose of ‘power of state’
institutions, of locality level, is restricted by the fulfillment of the following
conditionings of population-like type:
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(3.1)The official status of: municipality can be given to localities with a local
Population that includes minimum 100,000 inhabitants who reached the age of 18
years.
(3.2)The official status of: municipal – sector can be given, depending on the case,
to a continuous urban area, component of a municipality which has a Population
that includes minimum 300,000 inhabitants who reached the age of 18 years, on
condition that, in the urban area requested to become a municipal-sector to exist a
Population that comprises minimum 60,000 inhabitants who reached the age of 18
years.
(3.3)The official status of: city can be granted to a locality the Population of which
includes a number ranging between 15,000 and 100,000 inhabitants who reached
the age of 18 years.
(3.4)The official status of: commune can be given to a locality the Population of
which includes a minimum number of inhabitants who reached the age of 18 years,
ranging between 1,000 and 15,000 inhabitants, taking into consideration the
accumulated communal Population, both of the locality that is the commune
residence and of the localities belonging to the respective commune (examples:
villages, hamlets, establishments belonging to).
(3.5)The official status of: village can be given to a locality the Population of which
includes a minimum number of inhabitants who reached the age of 18 years,
ranging between 500 and 2,500 inhabitants.
(3.6)The official status of: hamlet can be granted to a locality the Population of
which includes a minimum number of inhabitants who reached the age of 18 years,
ranging between 100 and 1,000 inhabitants.
(3.7)The official status of: establishment can be granted to a locality the Population
of which includes a minimum number of inhabitants who reached the age of 18
years, ranging between 50 and 200 inhabitants.
(3.8)It is forbidden to set up localities of ‘permanent domiciliary establishment’
type with a Population in which is included a number smaller than 50 inhabitants
who reached the age of 18 years, with the exception of the temporary
establishments (examples: construction sites; temporary touristic camps; touristic
chalets; guard and protection bases a.o.) for which an official approval was granted
for the setting up and functioning, to this end.
(4) As a rule, the municipalities that are province capitals perform also the
administrative role of county capital for the county district in which they are placed.
(5) The Municipalities of large territorial dimensions can be, officially, divided, in
municipal sectors, territorially continuous, up to maximum 10 municipal sectors for
a municipality, depending on the case, under the conditions stipulated at previous
(3.2) paragraph.
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(6) Depending on the case, the municipal-sectors can have an official status of:
municipality, or of: city, with the fulfillment of the conditions stipulated at the
paragraphs: (3.1), respectively (3.3) of the Article 126.
( to be continued )
Lorin Fortuna
Head of the Constitutional Group “ Timisoara “
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