Category My Blog

You don’t wait for the change, you make it. Like revolutions.

Iaşi, 24^th of May 2015

An independent consultant from Iasi offers for a month, between 15th of May and 14^th of June, gathered in time resources about what it is and how the change is made in the Romanian Public Administration of 2015.

The „¡ Revolución !” Project includes webinars, online debates, working tools and also other informational and applicative resources, good practice examples and comparisons between administrative systems from the entire world but mostly from the European Union.

These resources are organized and offered free of charge by Raluca FILIP, Independent Management Consultant with over ten years of experience in the public domain, management and leadership specialist, formed to modernize central and local public institutions since 2004, through an intensive training program financed by the European Commission in order to reform the Public Administration of Romania ( ro.linkedin.com/in/filipraluca ).

To date, in the framework of the Project, specialized information it has been shared, an online debate was held (19^th of May) and a webinar was organized (22^nd of May). Also, on the dedicated page of the Project, the next weeks’ activities and other free resources will be announced: https://www.facebook.com/events/1010197378998448/

The closing date of the Project is symbolic. 14^th of June is the starting date of the uprising of „Potemkin” Battleship’s sailors (1905), it marks the signing of the Schengen Treaty (1985) but mostly it is Che Guevara’s birth date (1929) – a man who became the symbol of the entire idea of “Revolution”, a concept that transcends his joining any political ideology.

„I’m not ceasing to talk about change and to implement the change in administration, whenever and wherever I get the chance. I am not supported by any political party or any public institution, in my approach. For the time being. Speaking of visibility or impact, this detail can be an impediment but I see it as an advantage. Online manifestations are attractive for the public, that’s why I’ve decided to offer resources in this way. Only by acting – even from a micro level – you can move things that seem irremovable. The change you make it, you don’t wait for it.” said Raluca FILIP

The conclusions of the first debate organized on 19^th of May – „Public Administration’s institutions should be managed by whom? By politicians or by technocrats?” – are, among others, that public institutions shouldn’t be managed only by politicians or only by technocrats because, obviously, those institutions have different profiles. The clear establishment of those central and local institutions managed by politicians is absolutely necessary and the executive functions in any institution should be fulfilled by politically independent public servants. The emergency of taking these long-term “courageous” decisions and maintaining their accountability no matter the political color of the Government – it’s another conclusion of the debate’s participants. Also, “The public institutions’ principles” webinar organized on 22^nd of May, had as starting point a presentation analyzed and commented with the participants interested in finding out and correctly applying the mentioned principles: https://prezi.com/8vesroyumcxs/are-principii-institutia-ta-publica/

Comunicare Eveniment

Operatiunea de conectare a Administratiei cu Publicul Nou

Nume de Cod: Reteaua

 Iaşi, 27 martie 2015

Ieri, 26 martie 2015, s-a realizat al doilea pas al „Operatiunii de conectare a Administratiei cu Publicul Nou” – Pasul 2: Trecerea PRagului

Sesiunea de Networking desfasurata ieri face parte dintr-o serie de intalniri gandite, planificate si organizate in scopul de a face legatura dintre profesionisti in Administratia Publica si specialisti in domenii precum Branding, PR, Copywriting, Publicitate, Grafica, Social Media.

Intalnirea a fost organizata de Raluca Filip, Consultant Independent in Management cu experienta de peste zece ani in domeniul public, specialist in management dar si in leadership, cu pasiune declarata pentru PR.

„Motivatia lansarii Operatiunii „Reteaua” este dorinta de a simti in viata reala schimbarea pe care o poate aduce comunicarea autentica a institutiilor publice cu ai lor clienti. Sunt consultant, trainer si facilitator insa in 2015 mi-am propus sa fiu mai mult „retelist” (NETworker). Imi place sa conectez oameni si fac acest lucru mereu, informal. Prin urmare,  m-am hotarat sa fac legatura, intr-un cadru organizat, intre profesionistii pe care ii intalnesc in proiectele derulate. Ieri am primit confirmarea ca „Reteaua” prinde si in realitate conturul viziunii mele” a declarat Raluca FILIP

Invitatii speciali (Speakerii) au incercat sa raspunda, in cate 10 minute, la cateva intrebari cum ar fi: “Exista un „prag” intre institutiile administratiei centrale si locale si publicul acestora?” “Cum trecem acest prag cu ajutorul comunicarii si al promovarii?”

Astfel,

Raluca GAVRILESCU, Brand Stylist in cadrul Agentiei Namogo, Vali ŢUGUI, Creative Partner IBS TV, Doru BALTAG, Director Medical Spitalul Clinic de Recuperare Iasi, Noni TROFIN, General Manager Panovision, Elena FARCA, Sef Serviciu Relatii Internationale Primaria Municipiului Iasi si Rares MACREA, Manager Public, Institutia Prefectului – Judetul Sibiu,

au vorbit participantilor, le-au impartasit din experienta lor profesionala si apoi au continuat discutiile si schimbul de opinii – dar si de carti de vizita, asa cum se intampla la o sesiune de networking – cu acestia.

Toti participantii invitati la sesiunea de networking au avut ocazia sa se cunoasca si sa descopere aspecte ale activitatii din cele doua domenii mentionate mai sus: Administratie Publica si Promovare (in toate formele de exprimare).

 # # #

Operatiunea de conectare a Administratiei cu Publicul Nou

Nume de Cod: Reteaua

Iaşi, 30 ianuarie 2015

Ieri, 29 ianuarie 2015, s-a realizat primul pas al „Operatiunii de conectare a Administratiei cu Publicul Nou” – Pasul 1: Iesirea din PRapastie

Sesiunea de Networking desfasurata ieri face parte dintr-o serie de intalniri gandite, planificate si organizate in scopul de a face legatura dintre profesionisti in Administratia Publica si specialisti in domenii precum Branding, PR, Copywriting, Publicitate, Grafica, Social Media.

Intalnirea a fost organizata de Raluca Filip, Consultant Independent in Management cu experienta de peste zece ani in domeniul public, specialist in management dar si in leadership, cu pasiune declarata pentru PR.

„Motivatia lansarii Operatiunii „Reteaua” este dorinta de a simti in viata reala schimbarea pe care o poate aduce comunicarea autentica a institutiilor publice cu ai lor clienti. Sunt consultant, trainer si facilitator insa in 2015 mi-am propus sa fiu mai mult „retelist” (NETworker). Imi place sa conectez oameni si fac acest lucru mereu, informal. Prin urmare,  m-am hotarat sa fac legatura, intr-un cadru organizat, intre profesionistii pe care ii intalnesc in proiectele derulate. Pentru ca, un lucru ca sa fie bine facut, trebuie  mai intai sa fie bine gandit si organizat, nu?” a declarat Raluca FILIP

Invitatii speciali (Speakerii) au incercat sa raspunda, in cate 10 minute, la cateva intrebari cum ar fi: “Exista o „prapastie” intre institutiile administratiei centrale si locale si publicul acestora?” „Cum iesim din aceasta prapastie cu ajutorul comunicarii si al promovării?”

Astfel,

Monica ANTOHE, Owner Publicart, Doru CHIRICA, Managing Partner Wink Public Multimedia, Lacramioara SIMIUC, Coordonator Compartiment Informare si Relatii Publice la Institutia Prefectului – Judetul Iasi, Ciprian IONESCU, Creative Partner September Media, Teodora JINGA, Director Directia Proiecte si Dezvoltare Durabila, Consiliul Judetean Iasi si Doru FRONEA, Coordonator Corp Control la Ministerul Fondurilor Europene, au vorbit participantilor, le-au impartasit din experienta lor profesionala si apoi au continuat discutiile si schimbul de opinii – dar si de carti de vizita, asa cum se intampla la o sesiune de networking – cu acestia.

Toti participantii invitati la sesiunea de networking au avut ocazia sa se cunoasca si sa descopere aspecte ale activitatii din cele doua domenii mentionate mai sus: Administratie Publica si Promovare (in toate formele de exprimare).

# # #

Pentru mai multe amanunte, accesati pagina dedicata evenimentului

I’m in search of an anti-regrets shield. I’m willing to pay the requested price, no futile negotiations. The fact I don’t have one and neither do I know how to make myself one, is getting in the way of my daily life.

I know what its components are, I know how it looks like because I keep seeing it on people around me, I also tried to build myself one, uselessly though.

Characteristics:

• a spherical energy field two meters in diameter (like an invisible bubble surrounding the subject)
• during the first few seconds of every sunrise, you can see it naked eye, it looks like a soap bubble, only dirty and grey
• once activated, you cannot deactivate it, so I’ve heard 

The person who has one, acts like this:

• easily comes to decisions even if he/she doesn’t have all the information about the options involved
• he/she doesn’t care that he/she may affect lives of other real persons
• he/she considers that he/she owns the absolute truth, not only a point of view
• in the (likely) event that he/she negatively affects the lives of real persons, he/she doesn’t give a shit
• he/she has regrets, linked strictly to the self though, not to the suffering brought about to others
• the lack of regrets towards own action’s consequences is real and not only apparent
• the lack of empathy shows itself when the personal interest comes first
• only the personal interest comes first

Yes, I would like to have and to use an anti-regrets shield, sometimes.

Could I, though, deactivate it when I want to? If I would only know how it works…

So, if you see an anti-regrets shield on sale (it can be an older model), if you have one extra or if you find one that is not active, please let me know.

I want to disassemble it, to see how it works, to understand its internal mechanisms.

A normal conscience capable of regret and remorse, the education, an empathy capacity and the tolerance spirit make us social beings. When you meet creatures who lack one of these attributes, you have the urge to behave like a mirror.

Do you like, thus, what you see in the mirror?

by Raluca Filip

A recent (re)launch of a phone has brought back to my memory a happening of two years ago.

I was an interested participant of a business, entrepreneurship and innovation seminar. The moderator of speakers’ panel, organizer of the seminar also, self-conceited asks his guests at some point: “What kind of phone do you have? Let’s see!?!”

I was unpleasantly surprised, for more than one reason:

1.The message transmitted to the public, to the target group in front of the panel, was distorted.

In the seminar room there were a lot of young people (I think I was kind of a retired person among them), very attentive of what the speakers and the organizer had to say. Beautiful, enthusiastic young people, not (yet) altered by the daily jungle of “successful” adults. Young people who should be encouraged to use their abilities and brains even AFTER they succeed in a domain – for them to maintain in the top AND to do good deeds around them.

2.The limitation of the organizer.

What has the moderator of the seminar transmitted through this intervention? “Do yourself a business so that you can buy the best phone there is and brag about it” J An event organizer, a moderator / facilitator, has to be concerned of his target group, to say what he has to say adapted to the public in front of him. Like in the American movies – the “moralizing” message is packed and delivered wanted or not, regardless of topic. The preoccupation for the public and for the transmitted message – together with it’s consequences – should be maximal.

3.The snobbery of  the guests.

The guests, some more than others, put it on the table. The technology. J Obviously, the newest phone models – that they talked about half of the seminar. A single guest, speaker, refused to enter the moderator’s game and said, in a simple manner: “It’s not relevant what kind of phone I use. I have the best phone, one that cannot be intercepted. It doesn’t matter what phone do you have or what car do you drive if you know your value.”

I liked very much the guest’s answer because:

• he didn’t enter in an imposed framework
• he used humor to avoid an irrelevant answer and to give a very relevant one
• he proved he still remained “smart”, needing no phone to take over his brain’s functions.
• he assumed being a role-model and transmitting a model message for the young people in front of him that understood what they had to understand.

Some would be tempted to further comment the reasons why the model-speaker didn’t disclose the type of his phone. “For sure it wasn’t the latest generation and he was ashamed”, “He wanted to be noticed, answering differently” and so on, there’s always grumpy people.

I was and still am convinced that he was sincere and conscious about his message. For the grumpiest, I must say that at the coffee break of the seminar, the model-speaker (manager for many years now at a top market auto dealer) made some short calls. Me and three quarters of the people in the room – couldn’t help and peeked at his phone. A model with nothing less than the others highly praised. For sure neither the horsepower mastered by him aren’t few and regarding the noticing part, well, I think he exceeded this phase. J

Therefore, an inspired question in a business, entrepreneurship and innovation seminar would be “What kind of brain do you have? Let’s see if it’s “smart” and how you put it to work!?!”

Caption:

Snob, from French = person who admires and adopts indiscriminate fashion, at all costs (Romanian Explanatory Dictionary)

Wikipedia = a snob is a person who believes in the existence of an equation between status and human worth. A common snobbery of the affluent is the belief that wealth is either the cause or result of superiority, or both.

by Raluca Filip

A label not already attached.

In Education it means the presumption of equal intellectual capacity. Access to information.

In Work it means the presumption of equal capacity to choose, follow and succeed on a career path.

The Power and its grotesque manifestations have no place near Equality. The concept of power automatically removes the concept of equality. Manifestations of power annihilate any equality.

Equality manifested and cultivated in Education and Work can lead to Power of understanding, to wise Power of decision, to Power of change.

For example, to attract more women to research careers, the European Commission launched in 2012 the communication campaign “Science: it’s a girl thing!”, which aims at encouraging 13-18 years old girls to study science. Girls tend to drop out of Science, Technology, Engineering and Mathematics (STEM) for various reasons linked in particular to the social roles they expect or are expected to play as well as the way STEM subjects are taught. In order to better attract and retain female students, science and educational institutions should reconsider their external communication and the way STEM subjects are taught.

For me thus, gender equality means made aware and accepted complementarities, publicly supported and promoted afterwards. It means respect and a label not already attached, as I said.

 by Raluca Filip

“Let’s think positive!” “Think positive and the Universe will work for you!” “Don’t be a negativist ‘cause you’ll attract more bad energies” “Surround yourself with positive energy and you’ll be successful!”

How many times have you heard one of these advices – in the last week, let’s say ?

Too many times, I reply – no matter what your answer is. And not because I’m not interested in your answer.

Self-motivation and “positive energizing” books are selling like hotcakes. I know it because I also contributed to statistics – by curiosity and it’s still enough.

My conclusion? For whom the placebo, homeopathy, hypnosis and religion it works, it works also the “positive energy”. Someone feels offended? Tough luck.

Give me a concrete solution to my absolutely concrete problem and most of the times painful problem (in many respects). If not, shut up. Save my time, neurons and their       in-between synapses. I don’t have time to chitchat, to talk much and pointless, I don’t want anybody to sympathise with me. I have to find concrete solutions to the respective problem and this requires a little time and concentration. Not some empathic sprawl.

My TIME is precious.

The same is the time of my clients.

Their experience with me as a consultant thus, passes first through the sincere filter of concrete. The only energy involved is my mental and phisical energy. True it is that this energy is positive but it’s not exterior to me, it’s not “descending” and it’s not asking the Universe to work for me. I’m the only one who works.

And this is not cheap.

by Raluca Filip

Why do we need a physical, human representation for the “House of God”, no matter what the name is (of the Lord, the Supreme CEO)?

To feed, again, the human ego, the thirst of power, of hierarchy, of adulation. Mob bath drunkenness patented by star rocks or politicians is not unknown or undesirable to the clergy, no matter the religion.

The Church is another system, another mob manipulation machinery which is set in motion by a few “called in”. Called in by foreign things of spirituality, of tolerance, of inter assistance. Called in, as I said, by perfectly human feelings.

I believe in Something, why should my Something be represented by someone? If I am indeed so evolved that I believe in Something Spiritual and Energetically Superior, it’s clear that I don’t need also somebody to bring to my knowledge the faith “methodology”,  I don’t need procedures, rules or hierarchies.

But what if parents choose for me and later, when I have discernment, I strengthen their decision or I choose – from the religion market offer – something “accredited”, with user manuals and millions of other adepts? Am I still so evolved? Yes, if I can change the system. If instead of gathering money to use it for grandiose (concrete, worldly) headquarters, I gather money and invest it in elderly homes, orphanages, schools, training for entrepreneurship. Pragmatically fundraising for a concrete purpose still, worldly but with spiritual benefits (material benefits also, social unburdening not being neglectful) on long term.

The affiliation sentiment is natural and indispensable for the psychological health. For the Church though, it is food for rude manipulation. And the Church (whatever the name it has) fully exploits this feature, this human weakness, as well as it exploits the fear of the so called blasphemy accusations – in case you dare to criticize the “state in state” system.

Church Ltd. demands your soul on sales and than sticks its well covered in golden threaded church attire hand in your individual or institutional budget, all the way to the elbow, knowing, relying on the fact that you are ashamed to refuse or you are afraid to refuse or you care too much of other people’s opinion. Internal motivation is different for each of us.

Clergymen are excellent politicians. That is why, Church and Politics go hand in hand….to the elections, usually.

by Raluca Filip

by Raluca Filip

(2014 translation of 2005 article. Unfortunately,

nothing is changed on the subject, meanwhile)

Unfortunately, as we observe, there is no correlation in the Romanian laws between the attributions and competencies in Public Administration. If one is taking a decision, in any way, for any type of de-concentration, one has to keep the general direction, so that constancy and clarity, consistency and unity in regulations to exist.

More concrete, other negative aspects linked to Prefect Law ( 340 / 12.07.2004 ), could be:

Art.1 Al.1 from Prefect Law ( 340 / 12.07.2004 ) is wrong from the start, if we take into consideration the premise that the Prefect and the Deputy Prefect will be high civil servants, beginning with 2006.

 “The Prefect is the Government representative on local level”? To be the “representative” of the Government is implying, in inclusive way, the politics (attention, not the <>). The Prefect cannot be the Government representative AND non political in the same time. Proposals:

1. The Prefect is the high civil servant who assures the accomplishment, at local level, of framework policies established by the Government
2. The Prefect is the high civil servant who transposes, at local level, the general socio-economical directions of the Government and so on.

At art.4 are enumerated the principles which the Prefect’s activity is based on. They should be reformulated to give consistency to the message transmitted. For example:

The principles which stand at the base of Prefect’s activity are:

1. Lawfulness and Objectivity;
2. Responsibility;
3. Efficiency and Efficacy;
4. Adaptation and Flexibility;
5. Global and unitary Vision;
6. Transparency and Orientation towards citizen

 Art. 35 al.2 from Prefect Law ( 340 / 12.07.2004 ):

“The Prefect can intimate to emitting institutions the deed which considers being unseasonable”? Illegal, groundless – OK – but unseasonable? How can anyone define, in judicial terms, an “unseasonable” deed? Compared to what exactly, to whom it must be unseasonable a deed so that one can intimate it to emitting institutions?

At the article 41 from Prefect Law ( 340 / 12.07.2004 )  – in definition of the “local and county public administration authorities”, it has been forgotten to mention among these, the county councils.

The other stipulations of Prefect Law ( 340 / 12.07.2004 ) are in concordance with the general policy of reform and modernization of Public Administration (central and local) and represents positive aspects:

Art. 15 (« mobility in function, availability for unseasonable naming») is subject for multiple contradictory discussions from validation of the law, to be applied beginning with 2006. However, this article of the law is well framed on the path for achieving the final objectives of the laws adopted in june-july 2004 ( 315, 339, 340 ):

1. The objective of decentralization (at local level the citizens are capable of choosing the political people to represent their interests also on local level – local and county counselors including the president of the county council, the mayors) – decisional and financial autonomy
2. The objective of de-concentration – descending of the « power » – of attributions and obligations from Center to the Territory

 De-political action of these very important actors of the local scene of Administration, prefect and deputy prefect, it represents the mean through which a Government can show that it trusts the citizens whom it governs and who, at their turn, gave the Government their trust. Why? Because they already chose, locally, the political people to represent them. From the « little government» from the Territory, a technocrat, professional administration is expected. The high civil servant the prefect will be, must be capable, by his/her training and competence, to transpose locally the general directions drawn by the Government (through the attributions mentioned in the law, art. 24) – in collaboration with the other local authorities. In this way, the Government grants trust also to the civil servants (foremost of whom the prefect and the deputy prefect) who carry the mission of accomplishment its framework policies.

 Also, Art.9 (inclusion in the category of high civil servants, conditions for filling the prefect or deputy prefect position), art.17 (dignity in function), art.22 (incompatibilities and conflicts of interests), art.24 (attributions of the prefect), art.30 (collaboration with associations and foundations of public utility), art.31 (evaluation of individual professional performances of the prefects), art. 34 (communication of orders to the de-concentrated services and proposals to improve their activity), serve very well the purpose of the law.

 PROPOSALS:

•  Set up of an own fiscal legislation – the key element of an efficient local and regional autonomy – in this moment it is offered a reduced autonomy at regional level, censored through earmarking of finance funds.
• Clear option for the applied de-concentration type – option which must be maintained with consistency, by the law and by the practice.
• Total redistribution of administrative functions, based on the subsidiary principle, starting from the communes (villages) – those administrative levels closest by the citizens
• There is no mention and there is no correlation between administrative levels and specific competences (for example, in France, communes (villages) deal with security and urbanism issues, counties deal with social issues and regions deal with economical issues). Each level should have its competences – “competence blocks”, by domains.
• It is necessary to realize a new delimitation of State functions. Legislative and Executive to descend at regional level and Judicial to remain at state level.
• Stipulation of metropolitan areas / towns – it has to be done, most appropriate, in the regionalization settlement.
• Harmonization of regional development policies with Romania’s general development objectives and with EU’s development objectives, related to social and territorial economical cohesion. Following regional level objectives supposes harmonization of every county objectives or finding common interest projects.

 (the end)

by Raluca Filip

(2014 translation of 2005 article. Unfortunately,

nothing is changed on the subject, meanwhile)

As we all know, by the type of power descending (from Center to Territory), the States are:

I.  Centralized State – the State is the only public law subject, the public interest is only one. The Centralized State can be of two kinds:

1. Concentrated – purely theoretical model
2. De-concentrated – representation of the State in the territory. There are entities – prolongations of the Center, which have hierarchical type of connections with the State

II. Decentralized State – there are the State and the Local Communities, therefore there are two types of public interest. The Public Administration is not unique anymore. (State  Administration and Local Administration). There is local autonomy (decisional and financial), administrative trusteeship.

Power descending process from center to local communities is done on two levels. Decentralization and De-concentration coexist. To whom “the power is given”? To the State or to the Local Communities? If it is given to the State, where exactly? At the centre or in the territory?

 Also, confusion can appear also when we talk about “delocalization” = the headquarters of some institutions are not in the capital of the respective country. The power (attributions) is the same only that geographically, the buildings are somewhere else.

III. Federal State where the first two types of State remain valid at the federate level (their own administrative model, there is no unique model – every component has another model)

IV. There is also a hybrid model between the decentralized and the federal models = politically regionalized State (Spain and Italy). Executive and legislative descends, judicial remains central. The State is tutelary to the region and that is all (not tutelary also to the lower communities). The region is tutelary to the rest of communities.

Romania is a decentralized State where the choice is not taken yet, for:

1. Territorial De-concentration on VERTICAL line = de-concentration of power to Ministerial Administration’s de-concentrated public service       OR
2. Territorial De-concentration on HORIZONTAL line = greater power to the prefect than to the Ministerial Administration’s de-concentrated services’ chiefs.

Ministers are Government members; Chiefs of Ministry Agencies are NOT Government members but have the same attributions like ministers.

Autonomous Authorities are mentioned, partly, in The Constitution: Court of Accounts, Supreme Council of National Defense, Romanian Ombudsman, The Legislative Council, Radio and Television Public Service, National Audiovisual Council of Romania, Competition Council, National Bank of Romania, Superior Council of Magistracy.

 Between Government and Autonomous Authorities there is NO subordination, NEITHER cooperation from equal positions.

Therefore, because between Government and Autonomous Authorities there is no  subordination, neither cooperation from equal positions, nor the Prefect can lead the Autonomous Authorities representatives in the territory (Constitution, art 123, al.2).

At local level, the Prefect is DIRECTLY subordinated to the Government. He/She IS every single minister (only as public authority, not as political authority as well), on the subject of the respective area, in the TERRITORY. He/She cannot be representative of persons (Chiefs of Ministry Agencies, respectively).

There is nothing stipulated in the Constitution, nor in the ordinary laws or the special laws, of the choice for one system or another. In the present, the clear trend is of territorial de-concentration on HORIZONTAL line, but it’s not stipulated anywhere.

Where does it come from, this trend?

Art.3 from Prefect Law ( 340 / 12.07.2004 ): “The Prefect COMMANDS Ministerial Administration’s de-concentrated public services and public services of other central administration institutions from the territory”

Art. 35 al.1 from Prefect Law ( 340 / 12.07.2004 ): « Ministries and other central administration institutions communicate with priority to the prefects the legal nature documents and the prefects are obliged to transmit the documents to de-concentrated institutions »

For example, Ministry of Public Finance has to give a decision for the County Finance Offices from all over the country. The Ministry doesn’t send it directly to the 42 offices but to the 42 prefects. They will send to the County Finance Offices the respective decision.

Therefore, if from top to bottom these decisions pass through the Prefect first, it is logical to pass also through the Prefect the reverse flux, from bottom to top – but it is not happening so.

Another aspect is the PROPOSAL that the Prefect has to make for naming and releasing the chiefs of de-concentrated institutions (public servants who pass an EXAM). In the grammatical meaning of the word, a « proposal » is CONSULTATIVE. The minister appoints the chief of that institution. By the law, this fact urges to a territorial de-concentration on VERTICAL line vision.

Art. 25 from Prefect Law ( 340 / 12.07.2004 ): “Naming and releasing from the function of chiefs of de-concentrated institutions is done only by the proposal of the prefect, by the law.”

The Prefect could, however, forward some purely discretionary proposals for naming and releasing chiefs. That is why, this kind of proposal, as much consultative as it is, pushes the power towards the prefect (there are some other examples, not only this one) and towards the territorial De-concentration on HORIZONTAL line.

Also, the Law for regional development in Romania ( 315 / 28.06.2004 ), from the technical point of view, brings a novelty compared to the Constitution’s regulations, adding to the administrative-territorial entities sanctioned by it (villages, municipalities, counties) the one of the development region. This law stipulates the attributions of every structure implicated in functioning of development regions and the connections between them. The law mentions the basic objectives of regional development policy towards the elimination of regional disequilibrium and towards the stimulation of a balanced development of regions; correlation of governmental different domain policies to the regional level; stimulation of inter regional, internal, international, cross border cooperation.

However, we can observe that instead of creating an elastical judicial and administrative framework, which could allow an association of administrative-territorial units (counties) by the specificity of their local issues, the law imposes an administrative organization of 8 regions, constituted more by the territorial neighborhood and the free will of the legislative, establishing the make-up of every region. This fact gives a “forced” partnership note, contrary to the stated law principles.

Moreover, the law does not confer legal personality to the development regions nor to the deliberative regional institutions.

(fragment 2)