Regional Self-government Units Research Articles

Registration of apartments and office spaces in 3D land administration – A case study in Croatia

Due to the needs of modern society, cadastral systems should be designed to support three dimensional (3D) spatial data. One of many possible approaches for implementing a 3D cadastre, in countries such as Croatia, is to establish a Building Register as a transitional register between 2D and 3D cadastres, where data about buildings and infrastructure would be collected, gradually adapted to the data model of 3D cadastre, and finally migrated to the 3D cadastre database. Sources for establishing the Building Register can be based on the records of state surveys, the register of administrative units, the land book, data managed by local and regional self-government units, data from construction documentation according to special regulations in the field of spatial planning, data managed by the building and infrastructure managers, as well as from other sources. A significant element of the 3D cadastre would be the inclusion of representations of buildings and units of use, as well as public utility infrastructure and complex spatial real-life entities (e.g., bridges, tunnels, overpasses, underpasses, overlapping of constructed objects with natural facilities, large shopping malls with more underground and overhead floors etc.). This paper presents a conceptual model of a 3D cadastre in Croatia by establishing the Building Register with focus on unit of use of real properties, namely apartments and office spaces. The paper also summarizes the current situation regarding the Croatian Land Administration System (LAS) and proposes a conceptual model for modelling unit of use of real properties. Additionally, a proposal is made herein to assign unique identifiers to buildings and their parts in a logical manner which would be intuitive and clear to citizens of Croatia, citizens of European Union and citizens of Croatia neighboring countries. The proposed methodology of determining unique identifiers could provide the means for easier navigation in 3D space and better understanding of spatial information by lay citizens, by institutions or emergency services.

Omissions in the Implementation of Public Consultations in the Procedure of Adopting General Acts Through the Practice of the High Administrative Court of the Republic of Croatia

Croatian local and regional self-government units are obliged to conduct public consultations when adopting general acts that affect the interests of citizens and legal entities. Bearing that in mind, the aim of this paper is to determine whether there are certain omissions – confirmed by the High Administrative Court of the Republic of Croatia – in the implementation of public consultations in the procedure of adopting general acts and, if there are, what they consist of. To this aim, the paper analyzes the decisions of the mentioned Court in procedures for assessing the legality of general acts adopted by local and regional self-government units. After the first introductory part, the second part briefly explains the normative framework, the third part states the methodology used, the fourth part analyzes the judicial practice, and in the fifth part, concluding remarks are stated. The analysis shows that since 2013, when the obligation to conduct public consultation was introduced, the Court has abolished 11 general acts. In the process of adopting those acts, the public consultation procedure was not conducted in accordance with the law: the first and the most common reason for contesting the general act was the absence of public consultation, and the second reason for that was non-compliance with the prescribed deadline of 30 days. Although practice has shown some other reasons as well, they all boil down to the fact that public consultation was not conducted.

Project Management Methodology in Regional Self-Government Units

Project implementation is one of the key activities in the process of ensuring development. In public institutions, the challenges in project management are particularly evident. Organizational inflexibility and an inability to adequately evaluate work are particularly emphasized, often creating problems during project implementation. These challenges become even greater if the financing of the project is planned with EU grants or other financial instruments that require great precision and thus exceptional project management skills. This document will present an effective project management model, as well as programs and portfolios in regional self-government units. A methodology has been developed to encourage the transformation of public systems from rigidly functional to project systems. The methodology was tested in Primorje-Gorski Kotar County, Republic of Croatia. An analysis of the quality of implementation of twenty projects has been carried out: an analysis of the final results of ten projects in which the methodology has been applied and of ten projects in which the methodology has not been applied. After conducting empirical research and analysis, the quality of the proposed model was proven at all levels of governance within the public sector. By applying this methodology, significant advances can be made in the quality of realized projects while ensuring the realistic dynamics of this realization and rational financial costs.

Vijeća nacionalnih manjina u Hrvatskoj kao oblik neteritorijalne autonomije – između sna i jave

This paper deals with the role of national minority councils through the prism of the concept of non-territorial autonomy. These councils were established as institutes for minority representation, aiming to strengthen the influence of national minorities on local and regional politics in the part related to their position. Similar forms of minority representation are established in most European countries and are often analysed within the concepts and distinction of non-territorial autonomy and territorial autonomy. As will be shown in the paper, territorial autonomy presupposes a much higher degree of autonomy for minority institutions in deciding on issues important for national minorities. It is more suitable for countries where these minorities reside in certain parts of the national territory. In practice, we often encounter minority political institutions that have features of non-territorial autonomy. These institutions can assume various forms and achieve different degrees of autonomy in deciding on local policies and affairs of interest to minority groups. Although councils of national minorities possess substantial democratisation potential and can significantly contribute to the position of national minorities, previous research does not support this claim. The purpose of this paper is twofold: (i) to determine whether national minority councils constitute an institutional form of non-territorial autonomy and (ii) to assess their actual role in promoting and protecting the interests of national minorities within local political processes. In order to examine this, the paper employs legal analysis, a review of secondary data available in scientific and professional literature, and a direct analysis of available data on the financing of national minority councils and voter participation in elections for these councils. The role of national minority councils is analysed in four aspects: the legal basis of non-territorial autonomy, the right to self-regulation, the right to establish own decision-making bodies and their scope of work, and their financing. In addition, the voter response to council elections is analysed as a possible indicator of the legitimacy of directly elected bodies. With regard to the legal basis of their establishment, it can be concluded that they enjoy the highest level of protection, having been established by constitutional law, which, due to the adoption procedure, holds a position between the Constitution and other organic laws. Furthermore, the Constitution of the Republic of Croatia guarantees members of national minorities the right to cultural autonomy, and the councils are an expression of the explicitly recognised collective rights of national minorities. They were established as a collective entity with legal personality. The legislator intended to establish councils as “minority self-government” institutions in local and regional self-government units. However, many authors state that, for a number of reasons, councils cannot be characterised as such. This brings us to their real role, manifested in the right of councils to self-regulation, self-organisation and the establishment of their own decision-making bodies as essential determinants of non-territorial autonomy. The councils adopt various acts, including a statute regulating important aspects of their operation, a work programme, a financial plan, a final account, and other internal acts governing matters crucial to their functioning. They also have their own decision-making bodies, primarily the president and deputy president of the council, and have the authority to establish other working bodies. However, the council’s powers are regulated by constitutional law and are reduced to a solely consultative role. Therefore, the question arises as to their actual influence in shaping political decisions related to the interests of national minorities, as they depend on the cooperation and will of local political actors in this regard. Another problem is the limited financial and administrative resources available for their functioning. The political legitimacy of the council, gained through minority electorate participation in elections, is also questionable, given the extremely low voter turnout across all election cycles. This is also an indicator of the council’s non-recognition as a relevant entity in protecting the rights of national minorities at the local level. To conduct a deeper analysis of the actual role of national minority councils and verify their influence in individual local communities, empirical research is necessary. The paper concludes that, although councils have a high level of legal protection, political legitimacy, internal bodies, and institutional experience, they are confined to a consultative role and lack significant influence over local political processes important for national minorities.

The Matthew Effect in Local Welfare Policy in Croatia

The ESSPROS methodology was first used in Croatia in 2018 to collect data on social protection expenditure in local government, for the year 2017. The aim of this research is to use these data to reveal the level of social inequalities between regional government units (counties) in Croatia and to demonstrate the Matthew effect in the functioning of local welfare policies. Quantitative analysis has demonstrated a significant level of spatial and local disparities in the availability of institutional care for the elderly and children, as well as uneven social protection in terms of the provision of cash or in-kind benefits. The Matthew effect in the local social protection can be found in different forms in different social protection programmes which are provided at the local level, with the general rule that the more developed local units invest more in social services and provide greater cash benefits to their citizens. The underdevelopment of these services is particularly noticeable in the less developed, eastern part of Croatia (counties of Slavonia), while at the same time, highly developed social services are provided in the City of Zagreb. Over the last 20 years, uneven economic development and partial decentralisation have created a situation in Croatia in which one of the fundamental principles of social welfare and social policy, the principle of equality, has been seriously compromised. This has brought about the problem of double inequalities: economic ones, as a result of a lower level of development and continuous lagging behind in the development of local and regional self-government units, and social inequalities, as a result of the inability of less developed units to provide similar levels of social protection to their citizens.

Analiza korištenja aktivnog i pasivnog biračkog prava pripadnika nacionalnih manjina u Hrvatskoj: primjer izbora za vijeća i predstavnike nacionalnih manjina 2015. i 2019. godine

The basic law governing minority rights in the Republic of Croatia was adopted by The Constitutional Act on the Rights of National Minorities (CARNM) in 2002. Among other things, it provides for the election of representatives of members of national minorities in accordance with a special election act. The unified election act – Act on the Election of Councils and Representatives of National Minorities (AECRNM), which regulates the election of members of national minority councils and representatives of national minorities in local and regional self-government units, entered into force on 14 March 2019, 17 years after the adoption of the CARNM. The first elections held under the provisions of that act were the elections of representatives and members of Councils of National Minorities, held in 2019, on 5 May (first round) and 19 May (second round). The 2019 elections went unnoticed by the Croatian press, with the exception of the involvement of some local media in areas with a larger population of members of national minorities. Apart from invisibility, another problem of the 2019 elections was the low voter turnout, from 10 to 24 percent, depending on the level of the self-government unit at which the elections were held. The empirical analysis of election results and Government Reports on the implementation of the CARNM seeks to answer the questions of the extent to which national minorities were politically active in the previous election cycle (2015–2019) and whether more generous funding of political activities affects voter turnout. The evaluation of the results is also an answer to the question of whether the adoption of the new act is a step forward in promoting the political rights of national minorities in Croatia and a guide for election participants to prepare activities for the new election cycle.

A Framework for the Selection of Projects at the County Level in Croatia

This paper presents a framework for regional self-government units for the selection of projects expected to have a substantial positive effect on the socio-economic characteristics of the broader community. The previous experience of administrative bodies at all levels (national, regional and local) indicates that the decision to implement certain project and programme activities was primarily based on political decision-making principles and a voluntarist approach. With the adoption of the acquis communautaire, the Republic of Croatia has provided legal prerequisites for the selection and implementation of projects based on established criteria, with the criterion of impact on the quality of life and development usually being the dominant one. Therefore, the goal of this paper is to describe the frame-work and procedure of the evaluation and selection of public projects at the regional level, which can easily be applied to decision-making at both the national and local levels.

Teorijski pristupi o područnoj (regionalnoj) samoupravi u Republici Hrvatskoj

Croatia has, as an independent state, and from the year 2013 as a full member of the European Union; chosen to fully affirm the institutions of local and regional self-government. Croatian administration science has made significant advances in terms of acceptance of basic, for now, European, profiling of these institutions, but it is also aware of its' particularities on that path. As one of the most significant dubieties, the one on the concept of regional self-government appears, i.e. on the organization of that area, especially which territory would be encompassed by the units of regional self-government in the Republic of Croatia, as well as the authorities which would these units possess. In order to critically and wholly analyse the crucial questions of regional self-government in the Republic of Croatia, this paper also analyses perspectives of scientists in other areas: economists, political scientists, geographers and sociologists.

Natural Capital Preservation in the Coastal Area

The removal of a single tree growing in an urban area or a patch of forest for development purposes is a practice that results from inappropriate economic approach to and unawareness of the value of natural capital and the services it provides. The paper analyses the benefits of the existence of urban trees and discusses valuation methods, emphasizing in particular the value of vegetation in the coastal area of the Republic of Croatia. Due to holistic focus of the topic, a qualitative research is applied based on observations, authors’ previous research, experiences, reports on current research and legislation. Several instruments for the preservation and maintenance of vegetation are proposed ranging from the measures by local self-governments, upgrading the system of fees for forest general benefit functions to proper implementation of non-financial reporting which should apply to all companies whose operations may have an impact on natural capital, regardless of their size and ownership structure. National legislation should meet more than a minimum compliance with EU directives and international efforts in standardizing non-financial reporting. Many companies undertake activities that may and do exert pressure on vegetation cover or natural capital, as do also the entities of public interest such as local and regional self-government units and the companies established by them, which should also become liable to non-financial reporting.

Natural Capital Preservation in the Coastal Area

The removal of a single tree growing in an urban area or a patch of forest for development purposes is a practice that results from inappropriate economic approach to and unawareness of the value of natural capital and the services it provides. The paper analyses the benefits of the existence of urban trees and discusses valuation methods, emphasizing in particular the value of vegetation in the coastal area of the Republic of Croatia. Due to holistic focus of the topic, a qualitative research is applied based on observations, authors’ previous research, experiences, reports on current research and legislation. Several instruments for the preservation and maintenance of vegetation are proposed ranging from the measures by local self-governments, upgrading the system of fees for forest general benefit functions to proper implementation of non-financial reporting which should apply to all companies whose operations may have an impact on natural capital, regardless of their size and ownership structure. National legislation should meet more than a minimum compliance with EU directives and international efforts in standardizing non-financial reporting. Many companies undertake activities that may and do exert pressure on vegetation cover or natural capital, as do also the entities of public interest such as local and regional self-government units and the companies established by them, which should also become liable to non-financial reporting.

Natural Capital Preservation in the Coastal Area

The removal of a single tree growing in an urban area or a patch of forest for development purposes is a practice that results from inappropriate economic approach to and unawareness of the value of natural capital and the services it provides. The paper analyses the benefits of the existence of urban trees and discusses valuation methods, emphasizing in particular the value of vegetation in the coastal area of the Republic of Croatia. Due to holistic focus of the topic, a qualitative research is applied based on observations, authors’ previous research, experiences, reports on current research and legislation. Several instruments for the preservation and maintenance of vegetation are proposed ranging from the measures by local self-governments, upgrading the system of fees for forest general benefit functions to proper implementation of non-financial reporting which should apply to all companies whose operations may have an impact on natural capital, regardless of their size and ownership structure. National legislation should meet more than a minimum compliance with EU directives and international efforts in standardizing non-financial reporting. Many companies undertake activities that may and do exert pressure on vegetation cover or natural capital, as do also the entities of public interest such as local and regional self-government units and the companies established by them, which should also become liable to non-financial reporting.

Decentralisation of Financing of Self-Government Units in the Republic of Croatia

Since its independence the Republic of Croatia has commenced a thorough reconstruction of its taxation system according to the market economy taxation policy. Essential taxation reforms have brought the system closer to EU systems i.e. it has been being harmonized with taxation systems of developed European countries. The Republic of Croatia has adopted solutions that are used by the majority of European countries. Current tax system of the Republic of Croatia can be viewed through three fiscal levels, but this paper deals with decentralization and revenue, especially tax revenue of local and regional self-government units. The paper will present importance and a way of collecting revenue, especially tax revenue and satisfying public needs in terms of counties, cities and municipalities. The local and central characteristics of the certain types of taxes and the specialities thereof, as well as the applied functional differences are also scrutinized, and a widely accepted opinion of the taxpayers is explained. Taking these into account, the scientific contribution of this paper is that it provides a basis for further research on tax system development.

Mogućnosti korištenja audita sustava upravljanja kvalitetom za unaprjeđenje učinkovitosti javne uprave

Prema zahtjevima međunarodne norme ISO 9001:2015, provođenje audita sustava upravljanja kvalitetom ključna je pretpostavka provjere usklađenosti sustava sa zahtjevima međunarodne norme i zahtjevima sustava upravljanja kvalitetom organizacije koja ih primjenjuje. Rezultati provedenih internih audita sadrže informacije vezane uz nepravilnosti (nesukladnosti u odnosu na zahtjeve norme), preporuke za poboljšanje, a sve s ciljem unaprjeđenja postojeće poslovne prakse. Istodobno, analiza pozicije Republike Hrvatske na međunarodnim ljestvicama konkurentnosti pokazuje značajno zaostajanje u odnosu na države srednje i istočne Europe. Analiza usporedbe Republike Hrvatske s drugim državama na temelju međunarodnih analiza konkurentnosti pokazuje zaostajanje u svim segmentima konkurentnosti. Pritom, u skladu s preporukama Europske komisije u sklopu konvergencijskog programa nacionalnih reformi u Republici Hrvatskoj, slabost sustava ogleda se i u (ne)učinkovitosti javnog sektora koji je potrebno unaprijediti. Rad jedinica lokalnih i regionalnih samouprava (u daljnjem tekstu: uprava) u Republici Hrvatskoj nadziru tijela državne uprave, institucije nadležne za provođenje poslovanja pravnih i/ili fizičkih osoba, skupštine u gradovima i županijama, a u općinama općinsko vijeće kao i jedinice unutarnje revizije i internih auditora ako uprava ima implementiran sustav upravljanja kvalitetom prema jednoj od međunarodnih normi. Postavlja se pitanje mogućnosti korištenja audita u svojstvu oblika nadzora sustava upravljanja kvalitetom kao strateškog alata za unaprjeđenje rada uprave, odnosno povećanja učinkovitosti sustava i podizanja razine konkurentnosti. U radu je dan kratak pregled učinkovitosti javne uprave Republike Hrvatske na međunarodnim ljestvicama konkurentnosti, prikaz oblika nadzora rada uprave s posebnim naglaskom na specifičnostima nadzora prema metodologiji međunarodne norme ISO 9001:2015 i Smjernica za auditiranje sustava upravljanja kvalitetom i/ili okolišem ISO 19011:2012. Konzultirana je stručna i znanstvena literatura o iskustvima i ulozi primjene internih audita u javnoj upravi. U zaključnim razmatranjima analizirane su mogućnosti korištenja internih audita kao osnove unaprjeđenja sustava upravljanja kvalitetom.

The Croatian fiscal equalization system is improving

The agenda of the 58th Croatian Government's session, held on September 28, 2017, included, among other items, a Proposal for an Act on the Financing of Local and Regional Self-government Units. Under the proposed Act, the local government financing system has been changed for the 18th time since 1993, i.e. it changes almost every year. Such frequent revisions of the regulatory framework (accompanied by amendments to income taxation regulations) hamper the long-term financial planning of local government budgets. However, the proposed local government financing act deserves commendation for introducing a new fiscal equalization model.

Zastupljenost nacionalnih manjina u hrvatskoj javnoj upravi: ocjena uspješnosti posebnih mjera zapošljavanja

Zastupljenost nacionalnih manjina u hrvatskoj javnoj upravi: ocjena uspješnosti posebnih mjera zapošljavanja

The debt and fiscal risks of local and regional self-government units in Croatia

The fiscal position of local and regional self-government units (especially of the City of Zagreb) is significantly influenced by the operations of their utility firms. The debt of the utility firms is often higher than the debt accumulated by the local government units. For this reason the liabilities of utility firms have become a threat to the financial stability of local and regional self-government units, especially of the City of Zagreb.