history of romanian administrative institutions

Upload: mihai-ghitulescu

Post on 08-Apr-2018

218 views

Category:

Documents


0 download

TRANSCRIPT

  • 8/7/2019 History of Romanian Administrative Institutions

    1/13

    HISTORY OF ROMANIANHISTORY OF ROMANIANADMINISTRATIVEADMINISTRATIVE

    INSTITUTIONSINSTITUTIONS

    A QuasiA Quasi--Permanent Concern forPermanent Concern for

    Something that Never Really MatteredSomething that Never Really Mattered

  • 8/7/2019 History of Romanian Administrative Institutions

    2/13

    Just a thoughtJust a thought

    In Romania, State institutions neverIn Romania, State institutions neverfully played the role they ought to play.fully played the role they ought to play.

  • 8/7/2019 History of Romanian Administrative Institutions

    3/13

    A foreign observer:A foreign observer:We saw how institutions, good in themselves, have degenerated in the hands of localWe saw how institutions, good in themselves, have degenerated in the hands of local

    leadersleaders who, determined to keep tolerating and even organizing corruption, had towho, determined to keep tolerating and even organizing corruption, had toenter into battle with the institutions they were required to develop. As long as thisenter into battle with the institutions they were required to develop. As long as thisconflict, which is a necessity of their situation, will be perpetuated, as long as theconflict, which is a necessity of their situation, will be perpetuated, as long as the

    corruption from the top will be inevitably reflected to the bottom, I can not believe incorruption from the top will be inevitably reflected to the bottom, I can not believe inthe effectiveness of any administrative and judicial reforms. The government, weakenedthe effectiveness of any administrative and judicial reforms. The government, weakened

    as political authority, has done everything possible to seize powers that theas political authority, has done everything possible to seize powers that the

    fundamental law protected from itfundamental law protected from it.. W

    here it could not govern, it acted with the help ofW

    here it could not govern, it acted with the help ofa corrupt staff that was assigned to all branches of the public servicea corrupt staff that was assigned to all branches of the public service..

    Who said that and when?Who said that and when?No, he is not the Head of the IMF Mission to Romania and he did not say it lastNo, he is not the Head of the IMF Mission to Romania and he did not say it last

    year! He is th

    e baron Tall

    eyrandyear! He is th

    e baron Tall

    eyrand--Perigord andh

    e said it in 1858!Perigord andh

    e said it in 1858!

    Why and how have we succeeded to face the sameWhy and how have we succeeded to face the sameproblems as 150 years ago.problems as 150 years ago.

  • 8/7/2019 History of Romanian Administrative Institutions

    4/13

    The Old Kingdom: A Young StateThe Old Kingdom: A Young State

    Looking for ItselfLooking for Itself

    The liberal Constitution of 1866 was limited, in several issues, to the proclamation ofThe liberal Constitution of 1866 was limited, in several issues, to the proclamation ofmodern principles, leaving the task of proper regulation to subsequent laws, whichmodern principles, leaving the task of proper regulation to subsequent laws, whichoften occurred very late or even never.often occurred very late or even never.

    The Monarch was the supreme administrative authority.The Monarch was the supreme administrative authority.

    The council of ministries had no constitutional or legal basis.The council of ministries had no constitutional or legal basis.

    The superiority of the primeThe superiority of the prime--ministers over the other members of the cabinetministers over the other members of the cabinetwas strictly political, derived from the capacity to make themselves listened and fromwas strictly political, derived from the capacity to make themselves listened and fromthe personal confidence of the Monarch.the personal confidence of the Monarch.

    Although the Constitution provided that ministerial responsibility will be regulatedAlthough the Constitution provided that ministerial responsibility will be regulatedby a special statute presented in the first parliamentary session, this one was adoptedby a special statute presented in the first parliamentary session, this one was adopted13 years later, in 1879, and it was never really enforced.13 years later, in 1879, and it was never really enforced.

    Officially, there was no political responsibility of the government in front of theOfficially, there was no political responsibility of the government in front of theparliament. One or both Chambers was/were frequently dissolve and reconstituted.parliament. One or both Chambers was/were frequently dissolve and reconstituted.

  • 8/7/2019 History of Romanian Administrative Institutions

    5/13

  • 8/7/2019 History of Romanian Administrative Institutions

    6/13

    The Old Kingdom: A Young State Looking for ItselfThe Old Kingdom: A Young State Looking for Itself

    Local institutions were always controlled by central authorities.Local institutions were always controlled by central authorities.

    Decentralization was a beautiful and frequently used word, but nothing more. InDecentralization was a beautiful and frequently used word, but nothing more. Inpractice, Romanian state was characterized from the very beginning by a pronouncedpractice, Romanian state was characterized from the very beginning by a pronouncedcentralism, which was continuously accentuated.centralism, which was continuously accentuated.

    The quality of the administrative staff: many of the mayors were illiterates and manyThe quality of the administrative staff: many of the mayors were illiterates and manyof the prefects merely knew how to read.of the prefects merely knew how to read.

  • 8/7/2019 History of Romanian Administrative Institutions

    7/13

    Great Romania: A Bigger State withGreat Romania: A Bigger State with

    Bigger ProblemsBigger Problems

    The Constitution of 1923 filled the gaps left by the Constitution of 1866 and manyThe Constitution of 1923 filled the gaps left by the Constitution of 1866 and manyimportant statutes were adopted, butimportant statutes were adopted, but

    The old habit of ignoring formal institutions would not have been perpetuated.The old habit of ignoring formal institutions would not have been perpetuated.

    Great government instability: 24 cabinets with 11 primeGreat government instability: 24 cabinets with 11 prime--ministers in 20 years.ministers in 20 years.

    The general impression is that most important decisions were not taken in theThe general impression is that most important decisions were not taken in thegovernment, but elsewhere, in an informal group of interests, which used stategovernment, but elsewhere, in an informal group of interests, which used stateinstitutions just as a simple interface.institutions just as a simple interface.

    It was necessary to integrate new provinces with different experience and traditions.It was necessary to integrate new provinces with different experience and traditions.Some of them (i.e., Transylvania, Banat and Bucovina) had a more decentralizedSome of them (i.e., Transylvania, Banat and Bucovina) had a more decentralizedregime.regime.

    The unification statute of 1925 extended over the entire territory the model of the OldThe unification statute of 1925 extended over the entire territory the model of the OldKingdom, with all its structural and functional disadvantages.Kingdom, with all its structural and functional disadvantages.

  • 8/7/2019 History of Romanian Administrative Institutions

    8/13

    Great Romania: A Bigger State with Bigger ProblemsGreat Romania: A Bigger State with Bigger Problems

    Another statute was adopted in 1929. Historians considered that it achievedAnother statute was adopted in 1929. Historians considered that it achieveddecentralization in the highest degree known in modern Romanian history, but wedecentralization in the highest degree known in modern Romanian history, but we[still] cannot say that it represented a model of administrative decentralization. The[still] cannot say that it represented a model of administrative decentralization. Theact was amended 11 times until 1936 when it was completely replaced.act was amended 11 times until 1936 when it was completely replaced.

    Beyond the legal problems, during the two interwar decades, the functioning of theBeyond the legal problems, during the two interwar decades, the functioning of thelocal administration was permanently disrupted by political interferences and bylocal administration was permanently disrupted by political interferences and byprivate interests, which often prevailed over the public ones.private interests, which often prevailed over the public ones.

    The state of the central and local administration generated a deep sense ofThe state of the central and local administration generated a deep sense ofdissatisfaction, which was one of the main causes of a strong current hostile to thedissatisfaction, which was one of the main causes of a strong current hostile to thedemocratic regime.democratic regime.

  • 8/7/2019 History of Romanian Administrative Institutions

    9/13

    The Communist Regime:The Communist Regime:

    Administration as a GhostAdministration as a Ghost

    Almost no historian talks about the communist state institutions although, officially,Almost no historian talks about the communist state institutions although, officially,the regime was strongly institutionalized.the regime was strongly institutionalized.

    The government continues to exist officially as the supreme administrative authority,The government continues to exist officially as the supreme administrative authority,but....but....

    Its connection with RWP/RCP was very close, fact that in an oneIts connection with RWP/RCP was very close, fact that in an one--party systemparty systemmeant the enforcement of the decisions taken at the top of the countrys solemeant the enforcement of the decisions taken at the top of the countrys solehierarchy: The Communist Party.hierarchy: The Communist Party.

    The authority of the government members stemmed not from the position in the stateThe authority of the government members stemmed not from the position in the statebut from their membership in the partys leading structures and/or in the informalbut from their membership in the partys leading structures and/or in the informalgroup around the supreme leader.group around the supreme leader.

    Although, in law, Romania was a democratic republic, it functioned like an absoluteAlthough, in law, Romania was a democratic republic, it functioned like an absolutemonarchy with a leading family (dynastic communism) and a nomenklatura,monarchy with a leading family (dynastic communism) and a nomenklatura,which resembled to an aristocracy.which resembled to an aristocracy.

  • 8/7/2019 History of Romanian Administrative Institutions

    10/13

    The Communist Regime: Administration as a GhostThe Communist Regime: Administration as a Ghost

    Although, in law, Romania was a democratic republic, it functioned like an absoluteAlthough, in law, Romania was a democratic republic, it functioned like an absolutemonarchy with a leading family (dynastic communism) and a nomenklatura,monarchy with a leading family (dynastic communism) and a nomenklatura,which resembled to an aristocracy.which resembled to an aristocracy.

    The local administration and the organization of the territory suffered severalThe local administration and the organization of the territory suffered severalchanges passing from the traditional Romanian one to the Soviet model and choosingchanges passing from the traditional Romanian one to the Soviet model and choosingfinally an intermediary version.finally an intermediary version.

    TheThe Popular CouncilsPopular Councils were accompanied by local party committees led by primewere accompanied by local party committees led by prime--secretaries (local projections of the supreme leader).secretaries (local projections of the supreme leader).

    Their official autonomy was undermined by the subordination to a nationalTheir official autonomy was undermined by the subordination to a national

    Committee for the problems of the popular councilsCommittee for the problems of the popular councils directly subordinated, indirectly subordinated, inturn, not only to the government, but also to the Central Committee of theturn, not only to the government, but also to the Central Committee of thePartyParty

  • 8/7/2019 History of Romanian Administrative Institutions

    11/13

    Conclusions about the PastConclusions about the Past

    Formal administrative institutions never fullyFormal administrative institutions never fullyplayed the role they ought to play.played the role they ought to play.

    They have always been less important than theThey have always been less important than theinformal arrangements.informal arrangements.

    They have made the object of permanent debatesThey have made the object of permanent debates

    and frequent reforms.and frequent reforms.

    Theory and practice have always been inTheory and practice have always been inconflict.conflict.

  • 8/7/2019 History of Romanian Administrative Institutions

    12/13

  • 8/7/2019 History of Romanian Administrative Institutions

    13/13