Chapter 23: The Implementation of the Services Directive in Romania
U. Stelkens, W. Weiss (Eds), Implementation of Service Directive’’, Tmc Asser Press - Springer, 2012.
34 Pages Posted: 29 Aug 2014
Date Written: August 27, 2011
We consider that there are two main spill-over effects of the Services Directive. The first one refers to e-government. The Romanian government has been trying for several years to implement various components of e-government – online taxes, online licences (transportation), electronic signature, etc. The degree of success has varied but in general the process is still under way in most fields. Following the Services Directive, the Romanian government was forced to create a POSC. As already discussed, the obstacles have been numerous and it is not clear how the scheme will function. The most problematic aspect currently seems to be that there are no clear liabilities and sanctions established. However, the government is forced to act in order to implement this system to the fullest extent. Even with the delays, the system will become functional, eventually. The second benefit refers to administrative simplification. Romanian public administration is often described as highly bureaucratic, valuing more the paperwork than the outcomes. While most modern administrations try to employ regulations only when necessary (green tape) the Romanian one generates only red-tape. For example, authorisation has become less complicated by eliminating some redundant papers/documents and reauthorisations. One cannot understand the full extent of this benefit unless examples from other fields are considered (for example, disabled people with permanent disabilities (missing limbs) need to undergo a medical examination annually in order to qualify for governmental funds).
Keywords: Services Directive, administrative codification, administrative law, europeanisation
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