REGIONS – ECONOMIC PARTS IN THE STATE OF SERBIA

• Main Author: Aleksandar Đurić
• Format: Article
• Language: English
• Published: University Business Academy in Novi Sad Faculty of Law for Commerce and Judiciary 2008-10-01
• Series: Pravo
• Subjects: regions – economic parts, human rights, decentralizations, regionalization, legislative-legal responsibility, Serbian economic growth
• Online Access: https://casopis.pravni-fakultet.edu.rs/index.php/ltp/article/view/439

In this paper the author analyzes the importance of development of local government in the process of European integration as a tool for accomplishing basic human rights in Serbia. Special attention is given to the comparative analysis of constitution concerning local governance (Articles 1, 3, 4, 12, 18, 19-81, 82-94, 176-193 and 194-205, RS Constitution) to constitute rights granted in the West European local governances (Germany, France, Spain, Norway and others). Even though constitutional legal act of directives on local governance in Serbian Constitution are of declarational character (Articles 176-178, except the article 192 of RS Constitution), the directives on local governance in foreign constitutions are of constitutional character. Some international legal acts consist of constitutional directives on development and content of local governances in EU countries (for example: the Charter of the UN; the Charter EU on Local Govermant; the Charter EU on Regional Autonomy; International Pact on Civil and Political Rights; International Pact on Economic, Social and Cultural Rights and others). The second basic question directly affecting the quality of content and development of local governances in our country and worldwide are decentralization and regionalization. Decentralization has to be taken as a creative process, not as a tool for fulfilling political ideology. Just as a mean of preventing political misuse, content and process of decentralization have to be regulated by law in details and supported and promoted via scientific forums, seminars and mass-media in Serbia. Such content and process of decentralization in Serbia should be the basic tool and mean of realization the primary (economic and legal) human rights in our country (for example: citizens in local governances have to be organized through local govern mental institutions, tax administration and means of tax funds’ disposal; foreign investments must be insured and secured thro ugh a developed system of legal and moral responsibilities of citizens and their local governmental authorties; or court and other govern mental institutions in local governance must have proper human resources and professionals in order to respond to their professional functions on the level of local authorities; or development of enterpreunership and small enterprises in correspodance to the economic need of a specific unit of local governance; etc.). This kind of decentralization in Serbia must be initiated by the Republic Executive Authorities (the Prime Minister and the Government of RS) with all lege artis disposable means and tools. The content and procedure of decetralization in Serbia depend on the intentions and plans of it’s citizens and it’s executive authority. Decentralization for med in this way will enable regionalization of Serbia. Organization of regions in Serbia should be founded on economical similarities in recourses of some units of local governance. The goal of regionalization is achieving equal development of all parts of Serbia. Regions should represent economically conected parts in side of a unique national economical system of Serbia. The suggested Law on Decentralization and Regionalization of Serbia has to regulate all questions and legislative-legal responsibility of Serbian (republic and local) executive organs for conducting and implemeting of stated quality and decetralization in Serbia. Decentralization and regionalization of Serbia must not be the mean and tool for separation certain territories of Serbia.