스위스와 독일의 지방자치단체의 입법참여에 관한 고찰

Abstract

The purpose of this study is to compare the legal systems of Switzerland and Germany to expand the participation of local governments in legislation in Korea. Today, opinions and participation of local governments are expanding through the strengthening of local autonomy and the expansion of decentralization. Currently, in Korea, local governments can indirectly present their opinions, participate in public hearings, hearings, etc. through the Local Autonomy Act, the National Assembly Act, and the legislative operation regulations, and these procedures remain objects, not subjects. In order to improve this, it is necessary to analyze the legal systems of Switzerland and Germany, where local governments and local government associations are actively participating as legislators and related parties in relation to autonomy, and review their implications for Korea. In the case of Switzerland, Kenton is widely recognized for his participation in legislation. To this end, the federal constitution stipulates in detail. Legislative participation is also recognized by expanding diplomatic affairs, and strong legislative participation is promoted through the right to request a referendum, and similar to Germany, federal senators can be formed as representatives of Canton to participate in parliamentary legislation. Looking at the characteristics of the legislative participation systems of Swiss and German local governments, the following characteristics are shown. First, legislative participation in the central government and the National Assembly is very actively recognized. On the other hand, in Germany, local governments and associations of local governments generally recognize limited and passive participation in legislation in the National Assembly. However, as a supplement to this, local governments are actively realizing legislative participation in the National Assembly through the exercise of members of the Federal Council or the right to vote. In Switzerland and Germany, the scope of affairs related to local governments is widely recognized for the scope of legislation that local governments and local government councils can participate in, but legislative participation is not limited to legislation, but even zero, rules, and plans are recognized. In order for local governments and local government councils to actively present their opinions on local autonomy and improve the legal system, including legislative participation by local governments It is thought that allowing the heads of local governments at the same national level to participate in actual state legislation and policies as State Council members could be a way to expand the institutional guarantees of local governments guaranteed under the constitution.