scholarly journals The Constitutional Legal Basis of Local Government in the Southeastern Countries of Europe

2017 ◽  
Vol 5 (1) ◽  
pp. 363
Author(s):  
Prof. Ass. Dr Kadri Kryeziu
Keyword(s):  
Local Government ◽  
Political System ◽  
Local Governance ◽  
The State ◽  
Point Of View ◽  
Public Power ◽  
The Public ◽  
Knowing That ◽  
The Republic ◽  
Political Units

In the most general sense, the mission of the local administration or local government is to "ensure governance at the level closest to citizens". Knowing that local government has an important role in the functioning of the state and of law, the local governance in the political system in most countries is primarily seen in its relations with the central government.If the historic point of view is taken into account, the development of local government in Kosovo has a tradition of two centuries. If the Constitution of the Ottoman Empire of 1876 is reviewed, it shows the pyramid of organization of local government in Kosovo, which was in fact inspired from the local government in the West. Speaking about local governance means slotting or reviewing a range of significant phenomena directly related to the destiny of the state. The local government, according to the Constitution of the Republic of Kosovo, represents the public power. It sanctions municipalities as basic administrative and political units.

Crimes against the State

2016 ◽  
Author(s):  
Callie Williamson
Keyword(s):  
Political System ◽  
The State ◽  
The Political ◽  
Political Structure ◽  
The Public ◽  
State Security ◽  
The People ◽  
Roman People ◽  
The Republic

During most of the Republic, the Romans viewed only perduellio as a threat to state security. Other threats were dealt with through institutionalised mechanisms of stability in Rome’s political structure, above all through the public lawmaking assemblies. Only when the political system wavered in the late Republic did the Romans criminalise “diminishing the superiority of the Roman people” maiestas populi Romani minuta (maiestas) as a crime against the state. Inherent in maiestas is the authority of the Roman people to negotiate consensus through the public lawmaking process in which the people voiced their commands. During the Empire, the emperor embodied the superiority of the Roman people and through him, as the chief lawmaker of Rome, were channelled the commands of the people. The scope of maiestas was altered to adapt to changing ideas of the state, but the idea that maiestas constituted the chief crime against the state persisted.

scholarly journals Local government in Kazakhstan: an attempt to create a national model

Upravlenie ◽  
2019 ◽  
Vol 7 (1) ◽  
pp. 26-34
Author(s):  
Nikolay Yuvitsa
Keyword(s):  
Soviet Union ◽  
Local Government ◽  
Political System ◽  
Local Governance ◽  
Local Level ◽  
Rural Settlements ◽  
The Soviet Union ◽  
National Model ◽  
Preceding Period ◽  
The Republic

With the development of independence, all public institutions, including the Institute of local government, have undergone changes in Kazakhstan. In the preceding period of local control in the Soviet Union, which includes Kazakhstan, was carried out in forms of state control at the local level, the functions of which are realized in the framework of local councils of people’s deputies. Participation of the population in the management of territories and settlements was limited to the delegation of their powers to elected representatives – deputies of rural districts, district, city and regional councils. Elections of people’s deputies were carried out in accordance with the Constitution and the norms of Soviet law, which also reflected the rights and duties of local councils within the political system of the Union state. With the independence of the country within the framework of the national legislation of the Republic of Kazakhstan, the constitutional status was acquired by local self-government. It is being radically reformed on a democratic basis in order to increase the self-organization of the population within the framework of the model of the national structure and political system of society. For this purpose, the bodies of public administration at the local level – akimats, headed by akims of regions, districts (cities), rural settlements. In addit ion, maslikhats were formed as representative bodies elected by the population - at the district (city) and regional levels. These structures, in accordance with the legislation, are partially endowed with the functions of self-government of the territories. At the same time, taking into account the world experience, the Republic is in the process of formation of self-government institutions of the territories. However, it is too early to talk about the effectiveness of the created national model of local self-government and its mechanisms. In reality, the population of Kazakhstan is not yet able to independently and responsibly solve issues of local importance; to monitor the work of local authorities, etc. The context of local governance in Kazakhstan is changing with the change of society under the influence of internal and external factors. These changes are ongoing and create some uncertainty, leading to the modernization of elements of existing institutions of local government. However, in view of the upcoming changes in the future, new challenges of global, regional and national character, it is necessary to move to more effective mechanisms and methods of managing society at different levels of government on a democratic basis.

scholarly journals The role of the public council in local government

2020 ◽  
pp. 229-234
Author(s):  
G. O. Spabekov
Keyword(s):  
Local Government ◽  
Positive Impact ◽  
Practical Experience ◽  
The State ◽  
Modern World ◽  
The Public ◽  
State Apparatus ◽  
The Law ◽  
The Republic ◽  
The Moment

In the modern world, public councils (councils) exist in almost every legal state. They are created in various forms and spheres of public life to achieve the political goals of the state. In general, councils widely exercise their powers in monitoring the activities of state bodies, public control, developing regulatory documents, and expressing the opinion of the population. In implementing the concept of a “hearing state”, councils effectively respond to constructive requests from citizens and are the most important link between the state and society, since problems in the state apparatus are caused by the lack of feedback from the population between local government and citizens. The article highlights the realities from the moment of adoption of the Law of the Republic of Kazakhstan “On public councils” to the present day, indicating the presence of a number of problems that bureaucratize and devalue the ideological basis. At the same time, practice shows real results that have a positive impact on building a dialogue and mandatory regulatory procedures that have no impact on society. The problems that have accumulated today, such as duplication of functions, lack of motivation, imperfect legislation, and others, require certain measures to be taken. This was preceded by the lack of practical experience of Kazakhstan at the time of adoption of the law, insufficient analysis of foreign practice and gaps in legislation. Solving these and other problems, as well as building the work of councils on a new principle, promotes openness and responsibility of the state to the population.

scholarly journals Licenciamento ambiental e a responsabilidade civil decorrente da negligência do poder público

2018 ◽  
Vol 42 (1) ◽  
pp. 96-109
Author(s):  
Pedro Henrique Da Silva Campos ◽  
Elcio Nacur Rezende
Keyword(s):  
Quality Of Life ◽  
Common Property ◽  
Civil Liability ◽  
The State ◽  
Public Power ◽  
The Public ◽  
Environmental Licensing ◽  
The Republic

O meio ambiente é um bem de uso comum de todos, indispensável à sadia qualidade de vida e direito fundamental, inobstante não inscrito no Título II da Constituição da República de 1988. Para sua garantia e efetividade, incumbe ao Poder Público geri-lo, exercendo encargos estabelecidos constitucional e infraconstitucionalmente. Como incumbência do Poder Público no ofício de gestor do meio ambiente está o licenciamento ambiental, indispensável à implementação de atividades efetiva ou potencialmente poluidoras. Havendo a negligência do Estado frente a essas obrigações, será trazido à lume o instituto da responsabilização civil, nos casos em que ocorrerem danos ao meio ambiente, a ser aplicado não somente ao particular empreendedor, mas também àquele.   Abstract The environment is a common property use of all, essential to the healthy quality of life and fundamental right, notwithstanding not enrolled in Title II of the Constitution of the Republic of 1988. For your security and effectiveness, it is the responsibility of the Public Power manage it, applying charges established constitutionally and infra-constitutionally. As instructed by the Public in the office of manager of environment is the environmental licensing, essential to the implementation of activities effective or potentially polluting. Existing a neglect of the State forward to these obligations, will be brought to the fore the institute of civil liability, in case of damage to the environment, to be applied not only to the particular entrepreneur, but also to that.

OWNERSHIP IN THE REPUBLIC OF MACEDONIA AND THE STATE AS THE HOLDER OF THE PROPERTY RIGHT UNDER THE CONSTITUTION IN 1991

2018 ◽  
Vol 28 (6) ◽  
pp. 1993-2005
Author(s):  
Shemsije Demiri ◽  
Rudina Kaja
Keyword(s):  
Legal Aspect ◽  
State Ownership ◽  
The State ◽  
Point Of View ◽  
State Function ◽  
Dominant Form ◽  
Republic Of Macedonia ◽  
General Terms ◽  
Starting Point ◽  
The Republic

This paper deals with the right to property in general terms from its source in Roman law, which is the starting point for all subsequent legal systems. As a result of this, the acquisition of property rights is handled from the historical point of view, with the inclusion of various local and international literature and studies, as well as the legal aspect devoted to the respective civil codes of the states cited in the paper.Due to such socio-economic developments, state ownership and its ownership function have changed. The state function as owner of property also changed in Macedonia's property law.The new constitutional sequence of the Republic of Macedonia since 1991 became privately owned as a dominant form of ownership, however, state ownership also exists.This process of transforming social property into state or private (dissolves), in Macedonia starts from Yugoslavia through privatization, return and denationalization measures, on which basis laws on privatization have been adopted. Because of this, there will be particularly intensive negotiations regaring the remaining state assets.

Local Government, Passive Defense and Aerial Bombardment in Barcelona during the Spanish Civil War, 1936–9

2021 ◽  
pp. 002200942199789
Author(s):  
David A. Messenger
Keyword(s):  
Civil War ◽  
Local Government ◽  
Spanish Civil War ◽  
Regular Feature ◽  
The Public ◽  
Republican Government ◽  
The Republic ◽  
Civilian Defense ◽  
Regional Authorities

The bombardment of civilians from the air was a regular feature of the Spanish Civil War from 1936 to 1939. It is estimated some 15,000 Spaniards died as a result of air bombings during the Civil War, most civilians, and 11,000 were victims of bombing from the Francoist side that rebelled against the Republican government, supported by German and Italian aviation that joined the rebellion against the Republic. In Catalonia alone, some 1062 municipalities experienced aerial bombardments by the Francoist side of the civil war. In cities across Spain, municipal and regional authorities developed detailed plans for civilian defense in response to these air campaigns. In Barcelona, the municipality created the Junta Local de Defensa Passiva de Barcelona, to build bomb shelters, warn the public of bombings, and educate them on how to protect themselves against aerial bombardment. They mobilized civilians around the concept of ‘passive defense.’ This proactive response by civilians and local government to what they recognized as a war targeting them is an important and under-studied aspect of the Spanish Civil War.

scholarly journals O princípio da proteção da confiança como obstáculo à anulação de atos administrativos - The principle of the protection of confidence as an obstacle to the annulment of administrative acts

2019 ◽  
Vol 1 (2) ◽  
Author(s):  
Marina Rúbia Mendonça Lôbo De Carvalho ◽  
Andressa Guimarães Freire
Keyword(s):  
Public Administration ◽  
The State ◽  
Temporal Modulation ◽  
Self Assessment ◽  
Public Power ◽  
The Public ◽  
Legitimate Expectation ◽  
De Se ◽  
And Behaviors ◽  
The Individual

<p>Os atos, condutas e comportamentos do Poder Público gozam de presunção de legitimidade, gerando, em diversas situações, expectativas nos indivíduos. Pode o Estado, no uso de suas prorrogativas, violar aquelas expectativas, causando efeitos negativos à ordem econômica, por despertarem desconfiança e instabilidade nas relações com o Poder Público. Delimitada a ênfase do presente trabalho à função administrativa do Estado, visou-se compreender o princípio da proteção da confiança como instrumento de tutela da expectativa legítima do indivíduo, por impor limites à Administração Pública na anulação de atos administrativos. Nessa situação, viu-se que referido princípio pode conflitar com a legalidade e a autotutela, sendo o caso de se buscar um juízo de ponderação, que resultará na manutenção do ato ou na sua anulação, esta podendo ser com efeitos <em>ex tunc</em>, com efeitos <em>ex nunc</em> ou com a modulação temporal dos efeitos para um determinado momento futuro.</p><p> </p><p>The acts, practices and behaviors of the Public Power in the exercise of legitimation, can generate, in several situations, expectations in individuals. The Estate, in use of its prerogatives, can breach expectations, generating a negative economic response, lack of confidence and instability in its relations. Thus, the principle of protection defends the preservations of these state acts, which effects extend in time, giving the individual an expectation of continuity, even if they are illegal or unconstitutional. Delimiting the emphasis of the present work on the administrative function of the State, it was intended to understand the principle of the protection of trust as an instrument to protect the legitimate expectation of the individual, for imposing limits to the Public Administration in the annulment of administrative acts. In this situation, it was seen that this principle may conflict with legality and self-assessment, being the case of seeking a weighing judgment, which will result in the maintenance of the act or its annulment, this being possible with the temporal modulation of the effects for a certain future moment.</p><p> </p><p> </p>

scholarly journals Decentralizacja władzy publicznej a samorząd terytorialny w III RP. Analiza zagadnienia na wybranych przykładach

2020 ◽  
Vol 18 (2) ◽  
pp. 38-56
Author(s):  
Paweł Skorut ◽  
◽  
Bartłomiej Stawarz ◽  
Keyword(s):  
Local Government ◽  
Political System ◽  
Legal Framework ◽  
The State ◽  
The Third ◽  
Thirtieth Anniversary ◽  
Democratic Political System

In 2020, the local government of the Third Polish Republic is celebrating its thirtieth anniversary within the legal framework of the democratic political system. This is a celebration of not only the success of the 1989 Autumn of Nations but of the citizens participating in the co-creation and development of their own local homelands. In contrast, the activities of the central authorities which, frequently governed by the reason of the state, attempt to bind local self-governments more closely, often straining their constitutional value of autonomy.

scholarly journals Public Interest Opposite the Freedom of Contractual Will in Administrative Contracts in the Republic of Albania

2017 ◽  
Vol 6 (s2) ◽  
pp. 37-48
Author(s):  
Artan Spahiu
Keyword(s):  
Public Interest ◽  
Legal Framework ◽  
The State ◽  
Private Law ◽  
Legal Analysis ◽  
Administrative Contract ◽  
The Public ◽  
General Arrangement ◽  
Role Of The State ◽  
The Republic

Abstract The protection of the public interest is the main principle governing the activity regulation of the administrative bodies. This activity, traditionally, has been developed through administrative acts, as an expression of the unilateral and authoritarian willpower of public authority, which creates legal consequences. The administrative act has been and remains the most important instrument for the administration bodies to accomplish their mission, but it is no longer effective. Particularly this lack of efficiency is noticed in recent years when the development of the economy and the needs of the evergrowing society have prompted the administration to adapt its activity by making use of other mechanisms “borrowed” from private law. An important part of public activity can also be achieved through the contract as a way that brings the state closer to the private, mitigating its dominant position and leaving space for the efficiency of private activity to fulfil public engagements. Such contracts today are known as “administrative contracts” or “public contracts”. The terms mentioned above are instruments that establish legal relations, for the regulation of which the principle of public interest is opposed and competes with the principle of freedom of the contractual willpower. The regulation of these types of contracts is reached through the private law, which constitutes the general normative framework of contracts (lex generalis) even for the administrative contracts. But this general arrangement will have effect for as long as it does not contradict the imperative provisions of the specific act of public law (lex specialis), which regulates the administrative procedure for the completion of these contracts. This paper aims to bring to the spotlight the way our legislation predict and regulates administrative contracts, by emphasising particularly the features of their dualistic nature. The coexistence and competition of the principles of the freedom of contractual willpower and the protection of the public interest, evidenced in administrative contracts, is presented in this paper through the legal analysis of the Albanian legal framework which regulates these contracts. Under the terms when the role of the state in providing public services tends to increase and our legislation aims the harmonization in accord with the European legislation, it is necessary to improve the administrative contract regulation and extend its scope of action.

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