Self-government Units Research Articles

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.

Status skarbników w samorządzie radców prawnych

The professional self-government of attorneys-at-law is one of the functional self-governments established by the Constitution of the Republic of Poland, gathering persons practicing the profession of public trust. The Act on Attorneys-at-Law defines the tasks of this self-government and its internal structure. One of the statutorily distinguished functions in the structure of the self-government are the treasurers of the District Chamber of Attorneys-at-Law and the National Board of Attorneys-at-Law. They are members of the executive bodies of the councils at both levels of self-government units. Apart from the placement of treasurers in executive bodies and the general indication that they are elected by the relevant councils, the Act on Attorneys-at-Law does not explicitly contain any further regulations concerning them. The method of election and the competencies of treasurers are not specified in the Act on Attorneys-at-Law, but in intra-governmental acts issued by authorized bodies of the self-government. Overall, these competencies relate to the financial management carried out by the councils at both levels of self-government. This is an extremely important issue, as it provides the material basis for carrying out the statutory tasks of the self-government that comprise their constitutional functions. Letting the self-government normalize the issues that comprise the status of treasurers indicates the legislature’s belief in its ability to self-regulate. This corresponds to the essence of self-government and the principle of decentralization and independent performance of tasks by this self-government, including those of a public nature.

The Importance of the Application of Controlling in the Management of Public Enterprises whose Founders are Local Self-government Units: The Example of Republic of Serbia

The importance of the application of controlling in public enterprises is highlighted in the study. The aim of the research was aimed at establishing evidence that improvement of management can be achieved through the application of controlling 141 public companies were analyzed in terms of the use of controlling and internal control, that is, about 20% of the mentioned companies whose founders are local self-government units. We found that there are significant differences in terms of established control and it is increasingly in favor of the application of controlling in relation to internal control based on the analyzed five factors: planning, decision-making, business analysis, presentation and reporting. The main conclusion would be that the operations of public companies in the coming period will require an increasing application of controlling in the management system. This was determined by applying the so-called T-test, and the total score, and it refers to all analyzed factors (p=.000) in relation to established controlling and internal control in public companies.

Municipal Lex Contractus – Effectiveness of the Terms and Conditions for the Sale of Real Estate from the Municipal Real Estate Stock in Shaping the Real Estate Development Process

The municipality, acting in the sphere of dominium, independently decides on the use and manner of use of individual assets. However, the trade in real estate constituting the subject of ownership of this local self-government unit requires compliance with a number of legal regulations, the most significant of which is the Act of August 21, 1997 on Real Estate Management (consolidated text Journal of Laws of 2021 item 1899, as amended). However, none of the provisions of the law refers explicitly to the freedom and limits of shaping by the municipality of the terms and conditions for the disposal of real estate, which in the case of a non-tender route are determined in negotiations conducted with the buyer, while in the case of a tender they are announced in the contract notice. The content established in this manner is then included in the protocol, which forms the basis for the conclusion of the contract, and thus directly affects the shape of the contractual legal relationship. The purpose of the publication will therefore firstly be to set out the legal framework for the municipality’s determination towards the future buyer of the real estate of the specific manner, in which the investment is to be carried out, as well as to answer the question as to the real possibility of the former owner (municipality) co-shaping the investment proces on the sold real estate after the buyer has signed the contract. The importance of the issue under consideration is expressed in the decision as to whether the creation by the municipality of its own lex contractus by means of the terms and conditions for the disposal of the real estate relating to specific deadlines for the commencement and completion of the investment process, the manner of use and development of the real estate, as well as the liability of the new owner towards the previous owner for their violation, is legally effective and can actually be enforced by the municipality.

PROBLEMS OF INDEBTEDNESS OF MUNICIPALITIES IN POLAND

An attempt has been made to find answers to the questions: whether the new rules for the use of debt instruments will be conducive to the development policy of local selfgovernment units in the upcoming programming period of European Union funds, whether it will be a significant barrier that may significantly limit the investment policy of local selfgovernment units, and how the current level of debt of local self-government units will affect the new programming period, is the basic purpose of the considerations undertaken in this article.

The Importance of Establishing Financial Valuation of Fixed Assets in Public Companies whose Founders Are Local Self-Government Units in the Republic of Serbia

Valuing company's fixed assets is one of the important tasks that top management needs to do in order to be able to make valid management decisions. This paper used data obtained from a representative survey of 170 public companies whose founders are local self-government units, which is about 25% of such companies in the Republic of Serbia. Unlike the other studies, the authors analyzed fixed assets of a company before and after valuation of total fixed assets. Internal audits’ recommendations and top management’s assessments regarding the valuation of total fixed assets of a company were the reason why this valuation was done. It was concluded that there is a high correlation (p = .00) between the obtained total assessment given by internal auditors and top management regarding the valuation of fixed assets before and after the valuation of total fixed assets of the company.

Regionalization Based on Socio-Economic Development Indicators in Bosnia and Herzegovina – Example of Federation of Bosnia and Herzegovina

Abstract This study classifies local self-government units (local communities) in the Federation of Bosnia and Herzegovina (FBIH) according to socio-economic characteristics by applying the following multivariate methods: principal component analysis (PCA), regression and cluster analysis. The selection of variables was based on literature and adjusted by FBIH specifics, covering the four hypothetical dimensions of regional differentiation: macroeconomic, demographic, infrastructural and socio-cultural indicators. PCA has identified five components: the productivity component, demographic component, component of economic activity potential, spatial component and employment component. Further analysis showed that all identified factors are significant predictors of local communities’ development, measured by the development index. The cluster analysis resulted with four clusters in the FBIH with significant differences in development level. Considering that FBIH municipalities are administrative units of local government and that the classification is based on socio-economic dimensions, identified clusters correspond to the NUTS principles.

The most important changes in the self-governance and systemic independence of local government units of the 2018–2023 term of office

The article deals with the most important changes in the independence and systemic autonomy of local self-government units of the 2018–2023 term. Both normative solutions and actual actions and behaviours that have a fundamental impact on the functioning of local self-government will be analysed. For a more complete picture of the current term, it will be necessary to briefly characterise the changes introduced after 2015. It is also important for the overall analysis to look from the perspective of those currently in power and characterise their vision of the state and the role of local government in the political system. The idea of a strong, effective state determines the perception of the role of local government and the relationship at the interface between local government and government administration.

Extension of the term of office of local government units in Poland in the light of the term of office of local government units

The article presents the thesis that the activity of the organs of local selfgovernment units is based on the constitutional principle of term of office. All cases of shortening or extending their term of office are constitutional matter. As exceptions to the term of office, they cannot be interpreted extensively. In the light of the provisions of the Constitution of the Republic of Poland, failure to conduct elections of local self-government units on time is an attempt to deprive the Nation of its sovereign rights as a supreme power in the state and exhausts the features of anti-democratic activities of state authorities. The work uses the dogmatic method. The legal provisions concerning the term of office of local government bodies’ activities were analyzed. On this basis, the research problem of the constitutionality of extending the term of office of local government units during the term of office has been solved.

The most important changes in the self-governance and systemic independence of local government units of the 2018–2023 term of office

The article deals with the most important changes in the independence and systemic autonomy of local self-government units of the 2018–2023 term. Both normative solutions and actual actions and behaviours that have a fundamental impact on the functioning of local self-government will be analysed. For a more complete picture of the current term, it will be necessary to briefly characterise the changes introduced after 2015. It is also important for the overall analysis to look from the perspective of those currently in power and characterise their vision of the state and the role of local government in the political system. The idea of a strong, effective state determines the perception of the role of local government and the relationship at the interface between local government and government administration.

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.

Examining the spatial spillover of gambling regulation in the Czech Republic

ABSTRACT The responsibility of spatial regulation of gambling in the Czech Republic is placed on municipalities, the smallest self-governing units in the country. This creates a possibility that the effectiveness of regulation may be reduced by spatial spillover to the neighboring municipality. The aim of this paper is to evaluate to what extent the local reduction of gambling is effective in the overall reduction of gambling in the area under the conditions of fragmented regulation and mobility of gamblers. OLS regression was used to identify the spatial spillover effect. The decline in tax revenue on gambling machines in a district capital by one percentage point is associated with the rise of the same revenue in surrounding municipalities that are reachable in 10 min by 0.45 of a percentage point. Spatial spillover in more distant municipalities is close to zero. The results remain stable when control variables are employed. The results suggest that fragmented regulation is easy to overcome and better cooperation among municipalities or regulation on higher administrative level may be more effective.

Principles of Financing the Education of Foreign Pupils in the Polish Educational System

This article deals with the issue of financing the education of foreign pupils in the Polish educational system. The aim of the study is to diagnose the principles and scale of the financing of non-Polish citizens’ education. The study uses both institutional and legal approaches and is based on the following source: legal acts, public authorities’ documentation, data from the Educational Information System, and journalistic sources, mainly from portals and the trade press. The analysis carried out allows one to conclude that after 1989 the principle of payment for education undertaken by foreigners in the Polish educational system was gradually abandoned at successive levels of education and for an increasing range of groups as defined in the Act on Foreigners. In addition to the possibility of receiving education free of charge, the possibility of organizing additional Polish language learning or remedial classes was introduced, which also involved the need for local self-government units to allocate additional financial resources. The possibility of employing the so-called intercultural assistants or creating preparatory divisions was also introduced. Summarizing the considerations contained in the study, it should be stated that the Polish model of financing education is based on the educational component of the general subvention, and the same principle applies to the education of non-Polish citizens, while funds for the organization of additional Polish language learning or remedial classes are increased through a system of the so-called weights, as specified in annual ordinances on the manner of distribution of the educational component of the general subvention for local government units for the following budget year. Unfortunately, a system constructed in this way does not take into account emergency situations, such as an influx of pupils during the financial year and compensation for the subsequent expenses incurred by local government units. Therefore, the influx of war refugee children from Ukraine required additional solutions. The Assistance Fund was established to finance school costs.

Spatial Analysis of Changes in the Demographic Characteristics of the Cres-Lošinj Area Using the GIS Model

The paper aims to carry out a spatial analysis of the changes in selected demographic characteristics of the Cres-Lošinj area using the GIS model. For this purpose, data from all censuses carried out so far (1857−2021) were used, which were primarily analyzed cartographically by using Mean Center and the Standard Deviational Ellipse (Directional Distribution) spatial analysis methods, which are an integral part of the basic software package ArcGIS Desktop version 10.0 produced by ESRI. Tabular and graphical appendices were used to additionally complement the analyses. The analyses were carried out on three levels: the level of the Cres-Lošinj area as a whole, the individual level of the Town of Cres and the Town of Mali Lošinj, and the level of settlements. For the area of Cres-Lošinj as a whole, the results showed a tendency of the mean center of the population moving towards the north in the 1857−1948 period, then towards the southwest in the 1948−1991 period, while in subsequent censuses the tendency was again towards the north. Among the local self-government units, a common feature of the movement of the mean center of the population is that in the observed period (1857−2021), and particularly the last observed year (2021), the mean centers of the population are very close to the center of the town/municipality. Using the standard deviational ellipse (directional distribution) method, it was determined that larger settlements (Mali Lošinj, Cres and Veli Lošinj) have an increasing influence on the population direction, and it was determined that the population is concentrated closer to the larger settlements, i.e. to the centers of local self-government, while at the same time the influence on the directional distribution of the population of a large number of small settlements in the northern part of the research area decreased due to an increasing reduction in the number of inhabitants. The GIS model used in this study is suitable for researching the complexity of the demographic dynamics of the so-called of small populations because it enables an analysis at multiple spatial levels and contains methods of spatial analysis that use absolute numbers.

The Szekler Tizes as an Autonomous Village District and Neighborhood Community

AbstractThe Hungarian ethnographic group known as the Szekler people live in the Eastern Carpathians, a mountainous area that formed the eastern border of historical Hungary prior to 1920, and since 1920, with a minor interruption, the center of Romania. The traditionalist Szeklers designated those village districts that enjoyed ethnic autonomy by the name tizes (tenth). The author of the present study endeavors to illustrate, on the basis of written documents, the nature of the tizes as a Szekler village district and neighborhood community and how it functioned in the 17th, 18th, and 19th centuries. In Szekler villages in the modern era, a village district was considered to be a genuine tizes if it had a tradition of self-governance and a variable level of autonomy, and if it was regarded as a self-governing unit of the settlement and society. The population of the tizes formed a local social, neighborhood group, whose sense of the tizes was consistent with the village-level consciousness of other, similar groups. From a settlement perspective, the village comprised several tizes, each one a unit of the settlement. In social terms, the village community was a combination of several tizes communities. In most cases, the Szekler tizes in the modern era had a distinguishing name, an elected leadership, property, basic self-governance, policing and penal jurisdiction, and its own records and administration. In the 17th to 19th centuries, the village districts and neighborhood communities designated by the word tizes may have owned property (e.g., forests, pastures, meadows), animals (bulls, boars), work-related equipment and objects (plow, drill, fire-fighting equipment, chest, stamp, documents), buildings and institutions (church, chapel, cemetery, school, cultural center, cross), and employees (bellringer, forester, herder). In most Szekler inhabited regions in the early 21st century, reminders of the former tizes are to be found only in the form of geographical names and vernacular data. The traditional form, role, and function of these historical autonomous village districts are best preserved in the region once known as the county of Csík in the former Kingdom of Hungary (now Ciuc, Romania). In the merged villages of Csíkszentgyörgy (now Ciucsângeorgiu, Romania) and Csíkbánkfalva (now Bancu, Romania) there are eight functioning tizes still in existence in the third decade of the 21st century. For this reason, the life of the tizes of Csíkszentgyörgy and Csíkbánkfalva has been chosen as the subject of the present study.

Ustavni i zakonski položaj Beograda kao prepreka za ostvarivanje lokalne demokratije

During the last few decades, the reluctance to take significant steps in the reform of territorial organization and local self-government system in Serbia had an adverse effect on both small and underdeveloped, as well as large and economically more developed municipalities and towns. In this paper, the author's intention is to show that the constitutional and legal position of the City of Belgrade, within the framework of a single-level and uniform system of local self-government, among other issues, prevents the implementation of various mechanisms of local democracy, as regulated by Serbian laws. Trapped in such a system, Belgrade and its authorities remain completely distant from citizens. The inadequacy of formal mechanisms of local democracy which are incorporated into the legal solutions on the system of local self-government is primarily shown here on the example of the organization of city municipalities, which during the last twenty years have been completely devoid of self-governing characteristics, as well as the specific form of optionality in the establishment of local community units (mesne zajednice) at the level of Belgrade, as the country's capital. Solutions could be sought in comprehensive reforms to territorial organization and the system of local self-government, which, apparently, would require changes to the Constitution, and which would enable the capital city to (at least) have the position of the second tier of local self-government. Belgrade's aptness to be more than a first-level unit of local self-government can be confirmed by a simple analysis of tasks delegated to the City in certain areas of competence, in which it already has the position of a second-tier administrative authority (e.g. urban planning and construction, legalization of immovable property or citizens registers).

Public Investment at the Local Level under Changing Conditions of Budgetary Economy in Poland

Purpose – The aim of the article is to identify the scope and directions of changes in the situation of local government budgets and their links with macroeconomic factors, the occurrence of which is associated with the consequences caused by crisis phenomena, as well as to determine the disparity of investment expenditures in local systems in the context of the investment capacity of local government units. Research method – The study applied the method of critical analysis of the literature on the subject, as well as the method of comparative analysis using measures of statistical description in the scope of empirical data collected and own calculations. Results – The consequences of the pandemic crisis phenomena and adverse trends in macroeconomic factors affect the stability of the budgetary economy. It was observed that until 2021, the level of investment expenditures did not decrease, however, negative changes in the structure of expenditure are noticeable in many local government units. Originality /value /implications /recommendations – The analysis of the economic environment indicate the risk of intensification of factors destabilising economic processes. It is necessary to undertake regular analyses with a view to counteracting the further negative changes, in particular in the field of the revenue stability of territorial self-government units, as well as the elimination of excessive spatial diversification of investment capacities on the scale of Poland.

DISCIPLINSKA ODGOVORNOST I SANKCIJE ZAPOSLENIH U LOKALNOJ SAMOUPRAVI

The topic of the paper is the responsibility arising from the employment relationship and a detailed elaboration of what constitutes it from a theoretical and legal aspect. In order to approach the topic in a comprehensive way, it is necessary to define who the actual employees are and who the lex specialis law for this matter recognizes as an employee of local self-government. Namely, the local apparatus or local self-government as the employer of a large number of people/employees today, drew its internal organization from the Law on Employment in State Bodies and the Labor Law until 2016 until the adoption of the Law on Employees in Autonomous Provinces and Local Self-Government Units. By passing the already mentioned law, employees in autonomous provinces and local self-government units raise their rights, obligations and responsibilities to the rank of civil servants, and as far as legal coverage is concerned, they stand side by side with civil servants. The law in question was influenced by many legal texts, but the most dominant was the influence of the Law on Civil Servants. Such a fact is not surprising, because from everything presented, the attitude and course of the legislator is clear, which is to bring local self-government/organs, employees and everything related to those two constitutive elements closer to the European family of local self-governments. This intention was partially succeeded by the adoption of such a legal text, but the question remains whether every person employed in a local self-government is actually an employee of the local self-government.

Lokalna demokratija i oblici direktnog učešća građana u vlasti - primer Srbija

The subject of this paper is the institutions of direct democracy at the local level in Serbia, with the aim of analyzing valid solutions (de lege lata) and improving the legal framework (de lege ferenda). The author starts from the thesis that local democracy is an ambiguous and imprecise term. In a broader sense, it represents the right of citizens to participate in government at the local level. In a narrower sense, this term is used as a synonym for local self-government (decentralization) and direct participation of citizens in government. On the other hand, tradition, socio-economic assumptions, legal (normative) framework and political environment are factors that influence local democracy. Apart from the election of local government representatives (representative local democracy), the basic institutional channels of local democracy are forms of direct citizen participation of citizens in decision-making, such as referendum and people's initiative. The application of institutions of direct democracy can be one of the indicators of the level of development of local self-government and local democracy. In the Republic of Serbia, institutional mechanisms for direct citizen participation in local self-government have been created, such as referendums, citizens' initiatives, and assembly of citizens (zbor). In addition, citizens have the right to petition and publicly criticize the authorities, the right to be heard on the authorities' intentions and the right to be informed about and monitor the work of the authorities. The local referendum is enshrined in the Constitution and other institutions are regulated by legal provisions. The quality of these regulations improved after the adoption of the new Law on Referendums and People's Initiative (2021). However, in local self-government units, the scope of these institutions of direct democracy is very limited low. The practice of direct local democracy is very poor, although there is a long tradition of struggle for local self-government in the 19th century. Such a situation is a consequence of the party state that multiplies the centralized way of decision-making, which is manifested in limited participation of citizens in political processes, increasing distrust in political institutions and ineffective control of the authorities in local self-government units. The crisis of democracy also manifests itself in the fact that citizens are less and less interested in public policy. Based on empirical data, comparative experiences and legal standards, the author believes that the solution lies in reviving the application of direct democracy at the local level.

Samodzielność finansowa jednostek samorządu terytorialnego w Konstytucji RP – wybrane problemy

The scope of this article is to show selected problems concerning constitutional regulations of financial autonomy of self-government units in Poland, in the light of the legislator’s freedom to determine their incomes by bills. It appears that in the light of the current regulations, the freedom of the parliament is too great, which significantly limits the financial independence of local government units. The article will present proposals for changes to Polish constitutional regulations in this area in order to increase the self-government financial autonomy, with reference to the solutions in force in selected European countries. It is necessary to increase the influence of self-government about bills concerning their incomes and expenses, so it should be a constitutional obligation to consult such projects on the forum of the Joint Government and Self-Government Commission. The postulate of transforming the Senate into a Self-Government Chamber is also worth considering.