Particularități și controverse privind constituirea asociațiilor de dezvoltare intercomunitară de către unitățile administrativ-teritoriale

The regulation of inter-community development associations has experienced an interesting progress currently, being regulated by the Administrative Code. Given the need to integrate local public services and the development of the Smart City concept, new proposals for administrative-territorial reorganization have emerged, while inter-community development associations seem to be an intermediate step towards moving to these new forms of organization. We have shown some peculiarities of inter-community development associations, but also controversies resulting, either from the non-unitary wording of legislative texts, or from their erroneous application. The article proposes the introduction of two criteria for setting up inter-community development associations: a first demographic criterion and an economic criterion. Moreover, the compatibility of the administrative-territorial subdivisions with the inter-community development associations is analyzed, in the context in which there are already such structures made with the support of the sectors, which is contrary to the law. Finally, the article also addresses the situation encountered at the county level, making an analysis of the „subordination” relationship between the County Council and the Local Councils of the localities in the respective county. Such an analysis raises the issue of cooperation within a community development association in which one of the subjects that constitutes it is the county, through the County Council.