THE CHARACTERISTICS OF THE LOCAL AUTONOMY IN THE COUNTRIES BEING IN TRANSITION

• Main Authors: Darko Golić, Igor Šoltes
• Format: Article
• Language: English
• Published: University Business Academy in Novi Sad Faculty of Law for Commerce and Judiciary 2009-06-01
• Series: Pravo
• Subjects: local autonomy, transition, authority levels, competency, territory, financing, citizens
• Online Access: https://casopis.pravni-fakultet.edu.rs/index.php/ltp/article/view/361

Local autonomy as one of the most important social, but also constitutional institutions is viewed in the light of global democratiztion, but also of adjusting of an organization and its competencies to real needs of local autonomies, economic circumstances and potentials and avoiding, through widening its competencies, any possibility of encouriging disintegrational processes and weaken the unity of the country. Although there are great differences in regulating of local autonomy between the countries in transition, one can find some similarities and recognize common tendencies. In each country in transition, local autonomy has a constitutional status. It is guaranteed the autonomy of the local autonomy unit and the legal status is precisely regulated by laws. For realization of original competencies the units of local autonomy are provided original sources, and representative bodies are directly elected by citizens. They are also given a greater possibility of direct participation in doing public jobs. To put it crudely, we can single out two groups of countries where exists only one level of territory organization of local autonomy. In other group of countries, besides the municipal level which local autonomy has traditionally, the other level consisting of districts and regions contains some elements of local autonomy. With regard to determination of competencies of local autonomy units there are two principles and these are: 1) the principle of enumeration used by all countries and it consists of numbering of competencies, 2) the general clause principle or subsidiary principle being agreed with the European charter on local autonomy. In each country we have analysed in this paper work, local autonomy is very often inefficient, faced with numerous problems which it cannot solve by itself. There is a constant relationship of lack of understanding, tensions, distrust and lack of coordination between the units of local autonomy in each of the previously mentioned countries and central authority levels. Regarding the similar nature of problems in each of these countries, the exchange of mutual experiences in this field, instead of mere rewriting of the west democracies solutions, can be of crucial importance for solving open issues of arranging and functioning of local autonomy.