Draft/ New organization proposed, subordinate institutions will merge with autonomous agencies

2025-08-20 07:49:00, Aktualitet CNA

Draft/ New organization proposed, subordinate institutions will merge with

The government has proposed changes in the organization of public administration institutions, reducing the category of non-ministerial institutions from the current 3 to 2, with the aim of increasing functioning and accountability. For the creation of institutions dependent on ministries, it has been proposed to establish a minimum threshold of employees that will justify their creation.

The changes are proposed in the draft law "On some additions and amendments to Law No. 90/2012, "On the organization and functioning of the state administration" published in public consultations.

According to the draft law on amendments to Law No. 90/2012, which is part of the Public Administration Reform, the number of typologies of non-ministerial institutions will be reduced from 3 to 2, in order to clarify their roles and responsibilities. The draft proposes merging Dependent Institutions and Autonomous Agencies into a single category, while Regulatory Authorities will be reconceptualized as a separate type with guaranteed functional autonomy according to European standards.

“The legislation in force provides for three types of non-ministerial bodies: Dependent Institutions (IV), Autonomous Agencies (AA), both subordinate to ministries and performing the same policy implementation functions, but with different legal regimes of organization and functioning, and Regulatory Authorities or Entities (RAr) that are established by separate laws, and that report to the Assembly and also perform policy implementation functions, but specifically of a regulatory nature (markets and industries).

The current distinction between subordinate institutions and autonomous agencies is not based on criteria of functional distinction. Also, keeping regulatory authorities outside the supervision of the government brings problems in the implementation of the principle of separation of powers, fragmentation of the ability/responsibility of the government for the design and implementation of state policies and a vacuum in the system of government responsibility and accountability”, the report quotes.

The draft law proposes the existence of only two types of non-ministerial/executive bodies, namely the maintenance of classical institutions of dependence (IV) where, according to this proposal, the current autonomous agencies will also be included, and the complete re-conceptualization of Autonomous Agencies to accommodate the current typology of Regulatory Authorities, by regulating their legal regime of organization and functioning capable of guaranteeing full functional autonomy in the performance of regulatory functions, as required by European legislation for each of the regulators," the report quotes.

The draft law also draws attention to the problematic situation with small institutions subordinate to ministries, underlining the need to regulate their functioning.

"From an analysis of the situation, it results that due to the shortcomings in Law 90, there is a tendency for the internal administrative units of ministries (directorates/general directorates) to be separated from the ministerial apparatus, being created as independent subordinate institutions. This lack has led in some cases to the creation of very small subordinate bodies/institutions, which do not really have the capacity to function separately outside the parent ministry. The draft law proposes the establishment of a minimum threshold of employees that justify the creation of a subordinate institution, and the recognition of a new type of directorate with a special status within the ministerial apparatus, without legal personality but with increased autonomy based on the delegation of the minister."

Likewise, the system of supervision or accountability of institutions for non-ministerial bodies is not uniform. The draft law also proposes the creation of a mandatory, uniformed system of supervision/accountability of non-ministerial bodies based on the results of the institution.

While for institutions subordinate to the Prime Minister, the current legislation has no provisions or restrictions for them, treating them the same as institutions subordinate to ministries. The report emphasizes that over the years this has created an overload in the normal functioning of the center of government as a result of a considerable number of institutions subordinate to the Prime Minister.

The draft law proposes adding several provisions for the creation of institutions subordinate to the Prime Minister. The provisions foresee positive and negative criteria.

The draft law also proposes two specific interventions according to which: i) the “Directorate” becomes the essential level of exclusive decision-making in a ministry and the head of the directorate (director) is exclusively responsible for all decision-making within the scope of competence of the respective directorate, with the exception, of course, of that decision-making that is explicitly assigned by legislation to other higher managers (civil servants of the senior management category) or the minister himself, and ii) a set of simple rules are defined that allow delegation within the scope of a typology of decision-making or a specific decision-making.

Among other things, the draft proposes new rules for stronger control of institutional changes, requiring detailed analyses from ministries before the creation of new institutions and entrusting the Department of Public Administration with the leading role in this process./ Monitor