Local Government Law Research Articles

A Local Referendum in Ukraine and the Republic of Poland – A Comparative Analysis

We present the institution of a local referendum from a comparative perspective on the example of legal regulations in Ukraine and Poland. The study is the result of the ongoing research of the two Authors and is of crucial importance in the current political situation – the Russian aggression against Ukraine. Hence, it is relevant both nationally, Europe-wide and internationally. The analysis includes a legal comparative analysis of institutions and an attempt to assess their effectiveness. The authors point out that there is a need for effective ‘safeguarding’ in Ukraine to prevent the referendum from being used as a political instrument (at hoc), against the will of the people. The analysis uses a dogmatic and comparative legal method and draws on the authors’ experience of holding local referendums. This research may be useful not only for the researchers of the local government law but also for the legislators.

Obywatelska inicjatywa uchwałodawcza mieszkańców jednostek samorządu terytorialnego w Polsce

One of the consequences of the political changes in Poland after 1989 was granting citizens the right to initiate legal acts. It has activated society’s participation in public life and contributed to building a civil society. In 1994, a citizens’ constitutional initiative was established, and, in 1997, a citizens’ legislative initiative was undertaken. The aim of the study was to present the citizens’ initiative of resolution of the inhabitants of local government units in Poland. Originally, it functioned without a statutory basis and was established by the local government units themselves. This raised doubts as to its legitimacy, which was also reflected in the judgments of voivodeship administrative courts. The practice was in favor of its universal establishment, and it also became increasingly popular, especially in communes. In 2018, all local government laws were amended to grant the residents of all local government units in Poland the option of submitting a citizens’ initiative, and it is only up to their activity whether they will exercise this right.

The comparison of authority of marine management by regional governments according to legislation in Indonesia

The purpose of this study is to compare the marine management authority exercised by local governments based on the laws and regulations that have been in effect since the establishment of the local government law to the current local government law. This type of study is library research with a statutory, comparative, and historical approach. All information and data obtained are then collected and analyzed according to the topic of study. The conclusion of this study shows that the authority for marine management owned by local governments has only been in effect since Law No. 22 of 1999, Law No. 32 of 2004, and Law No. 23 of 2014. At the same time, the previous law did not specifically regulate local governments' authority in marine management.

Delegitimisation of Indonesian Traditional Leaders: An Analysis in Minangkabau, West Sumatra Province

It is argued that an excessive euphoria of autonomy was the primary consequence of the first five years of decentralisation in Indonesia after the New Order. The euphoria of autonomy led to the emergence of ethnic nationalism perpetuated by traditional powers that regulated the control and exploitation of natural resources. The New Order government tried to control local democratic practices by weakening traditional leaders' legitimacy. This article explains how this reality occurs in West Sumatra Province. First, based on village and regional government laws following the New Order, local democracy led to the delegitimisation of traditional power. Second, the systematic implementation of local democracy erased the traditional leadership authority that relegated the Minangkabau ethnic and traditional values. It was concluded that the government enacted the local government and village laws to regulate the traditional authority.

Strategies to Realize Prosperity for Provinces With Islands in Indonesia

The purpose of this research is to formulate a strategy for the welfare of the people in the archipelago by increasing funds in the regions. Currently, there are still many problems faced by the provincial government, which is an archipelagic province with many marine resources but little distribution of general allocation funds. These include poverty and welfare issues. A special approach is needed to overcome this problem by finding solutions based on laws and regulations. This type of research is descriptive qualitative with a literature and legislation approach. The conclusion of this research, first, it is necessary to reformulate the calculation of the general allocation fund which includes the sea area as an indicator of the calculation. Second, urging the ratification of local government regulations on islands as mandated in local government laws. Third, accelerate the discussion and ratification of the Archipelago Bill.

Akty wewnętrzne w samorządowych ustawach ustrojowych

The subject of the article is the issue of internal acts issued by self-governing bodies on the basis of authorizations contained in the local government laws. The article is of a scientific and research nature. In the scope related to its area, it includes the analysis of the applicable normative material and jurisprudence of administrative courts. The article focuses on internal acts from self-governing bodies issued on the basis of authorizations under local government laws. Internal acts of law in administrative law occupy an important position, both as a category of sources of administrative law and when discussing legal forms of administration. The justification for taking up the issue of internal acts issued by self-governing bodies is the pursuit of a broader understanding of legislative activity that goes beyond the issue of the acts of local law. Internal acts in administrative law are often discussed from the perspective of acts originating from government administration bodies. This observation also justifies considering in the indicated area. The aim of the conducted research is to: find out about the legal nature of internal acts issued by self-governing bodies on the basis of authorizations contained in local government laws; presentation of legal regulations and jurisprudence of administrative courts, as well as postulates de lege ferenda on the admissibility of supervision measures against internal acts in the form of ordinances of the commune head (starost, voivodeship marshal); drawing attention to the impact of internal acts on external entities. The considerations presented in the article may be a contribution to a broader and in-depth scientific reflection on the specification of the category of internal acts originating from self-governing bodies within internal acts. The criterion for distinguishing such a group is not only the category of the entity, but the conclusions indicated in the article referring in particular to the non-uniform legal nature of self-government internal acts and the legitimacy of supervising and controlling each internal act.

Relasi Kewenangan Pemerintah Pusat dan Pemerintah Daerah dalam Penataan Kawasan Metropolitan Jabodetabek-Punjur

The arrangement concept and development of the Metropolitan Area poses as one of the most interesting issues relating to local government law. Although the Regional Government Law provides flexibility for local governments to regulate and manage their regional affairs, in the Metropolitan Areas however, the Central Government takes part in structuring the regulations and institutions. This study examines two issues, namely the regulation of Metropolitan Areas in Indonesia and the relation of authority between the Central Government and Regional Governments in the arrangement of the Jakarta-Bogor-Depok-Tangerang-Bekasi-Puncak-Cianjur Metropolitan Area. This study uses a normative juridical method. The results of the study conclude that first, regulations regarding Metropolitan Areas are spread across various instruments, namely Legislations, Government Regulations, Provincial Regulations, and Regency/City Regional Regulations. Second, in structuring the Jabodetabek Metropolitan Area, the Central Government still dominates, while the Regional Government only needs to carry out what is the will of the Central Government. This dominance can be seen in the aspects of regulatory formation and management of Metropolitan Areas.

Come Hell or No Water: The Story of Sandbranch and the Unincorporated Community Fight for Public Services

Sandbranch is the only unincorporated community left in Dallas County, and the residents of this majority-Black, impoverished community have had their cries for basic necessities—such as clean, running water—largely ignored. With the County and the City of Dallas not remedying the problem so far, there is a question as to who is responsible for providing water and other public services to the community’s eighty residents. As it currently stands, Texas law simply permits local governments to offer assistance to unincorporated communities but does not mandate that affirmative measures be taken to ensure that these communities are provided for. What is the scope of the existing local government laws when it comes to getting public services to unincorporated areas, and what will it take for Sandbranch to finally get the resources it has been fighting to receive for decades?

The issue of Nagorno-Karabakh and the peculiarities of local self-government in the Republic of Azerbaijan

In the autumn of 2020, the armed conflict over and in the Nagorno-Karabakh escalated for the next time in its 30-year history of existence. Unlike the 90s, the escalation and military actions lasted not 4 years, but 44 days. Military operations were suspended by a truce reached with the assistance of the Russian Federation. As a result of the military actions, Azerbaijan regained control over all its occupied territories around its former autonomous region of Nagorno-Karabakh and a significant part of the former autonomous region itself. Azerbaijan has declared the end of the conflict, but Armenia has not. The dispute between the parties and some questions remained. In this article, we explored some of these issues, in particular: what was the conflict – ethnic or territorial? Why did the first administrative-territorial decision based on self-government in the form of autonomy within the USSR not work? And how the current system of local self-government in Azerbaijan can solve the remaining problems and demands of Armenians living in the mountainous part of Karabakh to obtain self-government. The study examines the issues of legal regulation of municipal legal relations. Keywords: international law, UN law, ethnic conflict, territorial conflict, USSR law, conflict in and for the Nagorno-Karabakh, local government law, local self-government, municipal law, local executive power

Withdrawal Of Draft Regional Regulations By Regional Heads Before The Process Of Discussing The Draft Regional Regulations

The problem of withdrawing the draft local regulations before the discussion process by the Regional Head occurs in the process of forming local regulations. The research method used is normative juridical. The purpose of this research is to answer the problem of withdrawing the draft local regulations before the discussion process by the Regional Head occurs in the process of forming local regulations in aspects of legislation. The results showed that there were still many draft local regulations that were withdrawn before the process of discussing the Local regulation Draft conducted by the Regional Head. Supposedly, the process of its formation applies mutatis mutandis with the formation of legislation, if it has entered the discussion process then it cannot be retracted, as is the practice in the Philippines, there must be parameters if the draft local regulation must be withdrawn before discussion and also its legitimacy must be contained in the Local Government Law.

Local Government System in Punjab: Clientelism and Failed Devolution of Power (2015-19)

Pakistan is a federal republic with three administrative tiers: national, provincial, and local. The local Government system (LGS), the third tier, is viewed as a harbinger of democracy in developing economies including Pakistan. Since coming into power in 2008, democratically elected governments agreed to devolve power from federal level to provincial level, but slow-walked the formation of local governments until 2015—after an order by the Supreme Court of Pakistan was passed to conduct the election. In Punjab, the local government laws were more centrist, and relations between the local and provincial governments were explicitly asymmetrical. Although the LGS dissolved in Punjab in 2019, this article will attempt to explore the causes of the failed devolution of power (2015-2019). By particularly focusing on the "Punjab local Government Act 2013" and “Punjab Local Government Act 2019" and failure of devolution of power, this study will investigate a range of administrative and political issues in local governance in Punjab.

EVOLUTION OF THE LOCAL GOVERNMENT SYSTEM IN POLISH CONSTITUTIONS OF THE 20TH CENTURY

The review article was devoted to the publication of Marek Klimek entitled “Local government in the constitutions of Poland of the 20th century. Selected political and political aspects ”. Despite the time limit of the 20th century adopted in the title of the monograph, the reader will find a concise approach to the constitutional regulations of the 18th (the law on cities as an integral part of the Constitution of May 3, 1791) and the 19th century (the constitution of the Duchy of Warsaw, constitutions of the Kingdom of Poland or the constitutions of the Republic of Krakow). The publication of M. Klimek, concerns regulations relating to local self-government from the political and political perspective. In the first part, the author characterized the concept and essence of local government, the role of the constitution in the regulation of local government law, and constitutional regulations concerning local government before the 20th century in Poland. Then the constitution of March 17, 1921, the systemic transformations of the local government after the May coup and the amendment to the constitution, as well as the 1935 constitution were discussed. Going further, there is an analysis of the local administration in the years 1944-1950 and an overview of the constitution of the Polish People’s Republic of 1952 and its amendments. The last part of the monograph describes the “little constitution” of 1992 and the constitution of April 2, 1997. The evolution of constitutional solutions has been shown against the background of general political and system transformations. In particular, an attempt was made to define the place of local self-government in the regulations of the 20th century constitution in Poland; how they defined the place of self-government in the entire system of public administration in the state; how was his legal subjectivity referred to; how its structure and tasks were determined; how his relations with government administration bodies were regulated; what impact did foreign system solutions have on the constitutional local government regulations in Poland; what place for self-government was envisaged in the state system during the various stages of its evolution in the 20th century.

Local citizens’ legislative initiative as a tool to strengthen the local legislative inclusive procedure – from idea to formal legislation

The article is an attempt to characterize and analyze the institution of a civic initiative, by describing its idea, genesis and four legislative paths, the last of which was successful. Pursuant to the 2018 amendment to the local government laws, the right to initiate a legislative procedure may be exercised by residents of all Polish municipalities, poviats and voivodships on an equal basis. The considerations of the article focus on the formal following of the legislative path of the act, which is today the legal basis of the discussed institution, as well as the characteristics of the three previous - ineffective - drafts. The axis of the work is a discussion and dispute in the doctrine and among local government officials, among others, about the legitimacy of introducing this regulation and its final shape. The article uses methods characteristic for research on public policy as well as law and administration studies. The main tool is a comparative analysis of draft legal acts, and the auxiliary is a functional system analysis. During deliberations, the authors want to answer the question about the attitude of individual political circles to the legitimacy of regulating the resolution initiative in common law and to the manner and scope of the regulation itself. The question is also why, despite almost a decade of attempts to standardize individual solutions, it was possible to do it only in 2018?

Zamówienia publiczne w II Rzeczypospolitej

Following Poland’s regaining of independence in 1918, the country had to face a considerable range of challenges virtually at all levels of government functioning. Rebuilding the Polish state involved major expenditure, which, on the one hand, implied raising public resources in a sustainable way, while, on the other hand, the need to prioritizeand use public funds efficiently while implementing public undertakings set by the state. The huge scale of the needs coupled with limited financial resources forced Poland’s government, as it were, to develop suitable legal arrangements in the 1930s. Those measures were designed to spend public funds on the country’s reconstruction in a manner that was efficient, purposeful, economical, and competitive. The key legal measure at that time was the Act of 15 February 1933 on Supplies and Works for the Benefit of the Treasury, Local Government and Public Law Institutions. Moreover, the relevant implementing act was Regulation of the Council of Ministers of 29 January 1937 on Supplies and Works for the Benefit of the Treasury, Local Government and Public Law Institutions. Both acts implemented innovative legal measures in terms of public-service contracts which were in force not only until the outbreak of the Second World War (they were subsequently repealed by the rules established in PRL — Polish People’s Republic), considering that they also provided a basis for the new rules governing public spending implemented after 1990 and set out in the Act of 10 June 1994, Public Procurement Law.

Wpływ Konstytucji Rzeczypospolitej Polskiej z dnia 17 marca 1921 r. na kształtowanie się samorządu terytorialnego w II Rzeczypospolitej

The Impact of the Constitution of the Republic of Poland of March 17, 1921 on the Formation of Local Governments in the Second Polish Republic This article was written in connection with the 100th anniversary of the enactment of the Constitution of the Republic of Poland of 17 March 1921 (the March Constitution). First, it presents the systemic assumptions of the Constitution, relating to local government, and then shows its impact on the formation of local governments in the Second Polish Republic. It describes the challenges and difficulties that accompanied attempts to pass local government laws in line with the spirit of the March Constitution. It presents an outline is given of the legal bases for the organisation of local governments in Poland and their activities during the entire interwar period (1918–1939). It also draws attention to changes in approach that those in power took towards the role of local government which followed the May coup in 1926 and were introduced in the Act of 23 March 1933 on the partial change of the local government system, and in the Constitution of 23 April 1935 (the April Constitution).

Зарубіжний досвід проведення децентралізаційних змін: уроки для України

Розглянуто зарубіжний досвід проведення реформи адміністративно-територіального устрою та децентралізації державного управління, перерозподілу повноважень, зміни у бюджетних відносинах країн Балтії та Хорватії. Зазначено, що питання децентралізації є першочерговими в умовах розвитку місцевого самоврядування та забезпечення його спроможності самостійно, завдяки власним ресурсам, вирішувати проблеми місцевого значення.

A Study of Local Government in Africa through Participatory Action Research (PAR)

A Study of Local Government in Africa through Participatory Action Research (PAR)

Sustainability of Local Government Laws and Sports Services in Turkey

Background: Sustainability is a concept that has been frequently heard and therefore given importance recently. Ecological changes occurring today, ever-increasing excessive consumption habits, unstoppable population growth rate and economic developments have caused this concept to become widespread. Therefore, states have had to act by considering their continuity and future in the planning of all kinds of services to be offered to the public. Aim: The aim of this study is to determine the dimensions of sustainability in local government laws in the field of sports and its effect on sports services. Methods: The case studies design was used in the study, which was designed according to the qualitative research model. Herein, in accordance with the purpose of the research document review and scanning method, which are the data collection methods, were used. It is aimed to reach more sources by analyzing the written materials containing information about the targeted phenomenon or cases. Results: When local government laws are examined in terms of economic and environmental sustainability, there are no explanatory and satisfactory explanations regarding these issues. Conclusion: It cannot be said that local government laws on sports and sports services are satisfactory in terms of social, and economic sustainability Keywords: Sustainability, Local Governments, Sports Services, Rural Areas, Turkey

Tolerance Communication: Local Government Law, FKUB Dialogue Skills, and Social Harmonization in Singkawang City

Tulisan ini bertujuan untuk mendeskripsikan dan menganalisis realitas keterlibatan pemerintah daerah pada aspek hukum yang memiliki fungsi sebagai sarana penghubung dialog yang akan dilaksanakan oleh FKUB Kota Singkawang dalam kesatuan kerangka menjaga harmonisasi sosial antar umat beragama di kota ini. Fokus tulisan akan membahas komunikasi toleransi yang dilaksanakan oleh FKUB berdasarkan sarana legislasi peraturan perundang-undangan yang ditetapkan oleh pemerintah daerah. Jenis penelitian ini adalah kualitatif, dan teknik memperoleh data menggunakan pengamatan dan wawancara. Hasil tulisan ini menemukan bahwa hukum pemerintah daerah yang berkaitan dengan harmonisasi terdapat pada Perda tentang RPJMD dan Keputusan Walikota. Upaya FKUB dalam membangun harmonisasi sosial dengan membentuk FKPELA dan FK.PLATO sebagai wadah dialog yang lebih spesifik. Tidak adanya regulasi perundang-undangan daerah yang lain pada aspek pengaturan harmonisasi sebagai wujud turunan dari RPJMD menjadikan komunikasi toleransi yang dibangun oleh pemerintah daerah tidak bisa menjadi sarana penghubung bagi FKUB untuk berinovasi melakukan dialog tentang toleransi. Dengan demikian, keterlibatan pemerintah daerah pada aspek harmonisasi hanya terbatas slogan dan formalitas dan lebih menekankan pada peranan FKUB.

One Child Town: The Health Care Exceptionalism Case Against Agglomeration Economies

This Article offers an extended rebuttal to the suggestion to move residents away from dying communities to places with greater economic promise. Rural America, arguably, is one of those dying places. A host of strategies aim to shore up those communities and make them more economically viable. But one might ask, “Why bother?” In a similar vein, David Schleicher’s provocative 2017 Yale Law Journal article, Stuck! The Law and Economics of Residential Stagnation, recommended dismantling a host of state and local government laws that operate as barriers to migration by Americans from failing economies to robust agglomeration economies. But Schleicher said little about the fate of the places left behind. Schleicher’s article drew a number of pointed responses, urging the value and preservation of Small Town America. But those arguments failed fully to meet the rational economic thesis, countering instead with more sentimental or humanitarian concerns. This Article offers a way to reconcile the two views, refracted through a health care lens. Health care is a particularly apt perspective for considering the question of whether America’s rural places are worth saving because it necessarily, under longstanding U.S. policy preferences, walks the line between economic principles and human rights; individual responsibility and communitarian values; the rational actor and the deserving recipient of aid. The health care exceptionalism case against agglomeration economies urges consideration of the real, quantifiable costs of migration and, correlatively, the value of home, as well as the market imperfections inherent in health care and, even more so, in rural health care.