Naslov
Widening the Scope of Local Self-government Powers adn Narrowing Central Government Supervision

Autori
Koprić, Ivan

Vrsta, podvrsta i kategorija rada
Poglavlja u knjigama, znanstveni

Knjiga
Legislative Frameworks for Decentralisation in Croatia

Urednik/ci
Koprić, Ivan

Izdavač
Pravni fakultet Sveučilišta u Zagrebu ; Hrvatski pravni centar

Grad
Zagreb

Godina
2003

Raspon stranica
87-129

ISBN
953-6714-51-5

Ključne riječi
local-self government - Croatia, local activities, central government supervision of local self-government, local autnonomy

Sažetak
On the basis of the European Charter of Local Self-government and positive legislation in Croatia, on the basis of data and evaluation of the state of local self-government, as well as on the basis of relevant comparative experiences, possible new constitutional and legal solutions are proposed in this article. The scope of activities performed by local authorities should be determined on the basis of the principle of subsidiarity, solidarity, cooperation and assistance of higher-level authorities. The legal method of the general clause should be applied when local units of self-government are enlarged, or a combination of the general clause (for towns and for regional units) and enumeration (for municipalities), if the existing great divergences in the size of local units from the average at a certain level of the territorial administrative system are retained. It is recommended to extend optional at the expense of obligatory self-government responsibilities. The activities carried out, comparably with other countries. as local (health care and promotion of healthy life, education, housing policy and social housing, development of local economy, promotion of tourism, providing employment, etc.) could be determined as the activities performed within the scope of basic local units of self-government. Local powers should be full and exclusive. It is important to encourage local units to cooperate in performing public services which exceed their individual capacities. Furthermore, the scope of activities carried out by larger and stronger units can be widened. The scope of activities performed by larger units on behalf of central government (delegated powers) can also be extended. Supervision of local authorities within the scope of self-government powers should be directed only towards the supervision of legality, while within the scope of delegated powers - although wider in itself - should not exceed the supervision of legality and efficiency. In order to extend the area of the autonomy of local units, the existing wide network of branch offices of central administrative bodies and county administrative departments should be reduced. For the protection of local self-government from unjustified interventions of state administrative bodies, it is suggested to establish a special parliamentary commissioner (ombudsman). In addition, a special parliamentary commissioner for the protection of the rights of the citizens in their relations with bodies of local-self government units is proposed.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA