scholarly journals Financiranje jedinica lokalne i područne (regionalne) samouprave

2019 ◽  
Vol 56 (1) ◽  
pp. 223-250
Author(s):  
Zoran Šinković
Keyword(s):  
Public Services ◽  
Local Area ◽  
Fundamental Principle ◽  
The Political ◽  
Financial Independence ◽  
Territorial Organization ◽  
The Republic ◽  
The Right ◽  
The Relationship ◽  
Or Task

The territorial organization of modern states rests on the principles of decentralization, which includes the political, administrative and financial independence of the lower levels of government. It is a fundamental principle that no function, no job or task can be assigned to a certain level of government or body of government without the funds being provided. Local and regional selfgovernment are one of the most important areas of strategic importance for the development of democratic and quality public policies in the Republic of Croatia. The relationship between local and regional self-government and users can also be seen as a parallel process of strengthening the responsibility of local units for overall quality and «offering» public services in the local area. Therefore local and regional self-government have the right to various sources of funding in order to be able to carry out their tasks, or to provide, to a greater or lesser degree, better public services to their users.

scholarly journals The relationship between the President of the Republic of Kosovo and the Assembly in general and in particular in the time period 2011-2016

2022 ◽  
Vol 27 ◽  
pp. 391-400
Author(s):  
Driola Susuri
Keyword(s):  
European Commission ◽  
Theoretical Aspect ◽  
Fundamental Principle ◽  
Practical Aspect ◽  
The Political ◽  
Independent State ◽  
Time Period ◽  
Form Of Government ◽  
The Republic ◽  
The Relationship

The Constitution of the Republic of Kosovo in its basic provisions has defined the form of government and separation of state powers, as a fundamental principle of democracy, where the President of the Republic of Kosovo is not part of any of the state powers, but the constitutional powers he exercises affect that he has connections with all state powers. This paper addresses the relation of the President of the Republic of Kosovo with the legislative power, including the exercise of some of his constitutional powers, namely the convening of the constitutive session of the Assembly, the dissolution of the Assembly and the annual speech of the President in the Assembly of the Republic of Kosovo. The above-mentioned competencies, in addition to the theoretical aspect, are also analyzed in the practical aspect when these constitutional competencies of the President were materialized by President Jahjaga during the mandate 2011-2016. Also, the political stalemate and the actions taken by the President, Mrs. Atifete Jahjaga for his overcoming, criticisms and recommendations of the European Commission in the Progress Reports regarding the political stalemate in the country. since the declaration of Kosovo as an independent state in 2008, it has managed to complete a full constitutional mandate, five years, unlike its predecessors and successors until 2019. Therefore, this paper aims to elaborate the exercise of some constitutional powers and the practice of one of the most important constitutional institutions in the Republic of Kosovo, that of the President of the Republic of Kosovo.

Choice and Voice – A Review

2008 ◽  
Vol 7 (2) ◽  
pp. 255-265 ◽  
Author(s):  
Ian Greener
Keyword(s):  
Social Policy ◽  
Public Service ◽  
Public Services ◽  
Political Process ◽  
The Political ◽  
Service Users ◽  
The Public ◽  
The Social ◽  
The Right ◽  
The Relationship

‘Choice’ and ‘voice’ are two of the most significant means through which the public are able to participate in public services. Choice agendas position public service users as consumers, driving improvements by choosing good providers over bad, which then thrive through greater allocations of funds as money follows their selections (Le Grand, 2007). Choice-driven reforms tend to be about trying to make public services more locally responsive (Ferlie, Freeman, McDonnell, Petsoulas and Rundle-Smith, 2006). Voice-driven reforms, on the other hand, tend to position public service users as citizens, suggesting an emphasis on accountability mechanisms to drive service improvements through elections, with the possible removal of low regarded officials, or a greater involvement of local people in the running of services (Jenkins, 2006). Voice implies that citizens hold the right to participate in public services either through the political process, or through their direct involvement in the running or delivery of the services themselves. Of course, it is also possible to combine choice and voice mechanisms to try and achieve greater service responsiveness and accountability. In this review, choice reforms will be treated as those which are based upon consumer literature, and voice reforms those based upon attempting to achieve greater citizenship.Citizenship and consumption are two areas with significant literatures in their own right, but whereas the citizenship literature is widely cited in the social policy literature, the consumption literature appears rather more selectively. This review examines each area in turn in terms of its application to social policy, and then presents a synthesis of commonalties in the two literatures, which represent particularly promising avenues for exploring the relationship between public services and their users.

scholarly journals Kriteria Calon Pemimpin Negara dan Mekanisme Pencalonannya di Negara Republik Indonesia dalam Pandangan Fiqih Siyasah

2021 ◽  
Vol 8 (2) ◽  
Author(s):  
Tofa Fidyansyah ◽  
Siti Ngainnur Rohmah
Keyword(s):  
Presidential Election ◽  
Qualitative Method ◽  
Legal Theory ◽  
Major Influence ◽  
The Political ◽  
Court Decisions ◽  
Direct Elections ◽  
The Republic ◽  
The Right ◽  
Laws And Regulations

Leadership has a major influence on the political and state life of a nation. A leader will also determine the progress and retreat of a country. This paper provides an understanding of the criteria for candidate state leaders whose mechanisms have been determined in the laws and regulations of the Republic of Indonesia and the criteria for candidate state leaders in the view of fiqh siyasah. This study uses a qualitative method with a literature approach. The data in this study were obtained from binding legal materials consisting of legislation, court decisions, legal theory, books, scientific writings and legal journals. The results of this study state that the criteria for candidates for state leaders in the Republic of Indonesia as stated in the laws and regulations have several similarities with the criteria for candidate leaders according to Fiqih Siyasah, the presidential election of the Republic of Indonesia in the period before 2009 was carried out with the concept of Bay'at Ahl al-Hall wa al-'Aqd, the presidential election is carried out in the deliberations of the people's representatives who are in the People's Consultative Assembly (MPR), appointed by the assembly, and when the term of office ends, an accountability report will be asked to the assembly that appointed it. The presidential election of the Republic of Indonesia, in the period after 2009 was carried out by way of direct elections through elections, all levels of society who have the right to vote can make their choice directly, no longer through representatives by people's representatives. But the weakness is that the elected president is not asked to report an accountability report at the end of his term of office.Keywords: Criteria for prospective leaders, mechanisms, fiqh siyasah. AbstrakKepemimpinan berpangaruh besar terhadap kehidupan berpolitik dan bernegara suatu bangsa. Seorang pemimpin juga akan menentukan maju mundurnya sebuah negara. Tulisan ini memberikan pemahaman bagaimana kriteria calon pemimpin negara yang sudah ditetapkan mekanismenya dalam peraturan perundang-undangan Republik Indonesia dan kriteria calon pemimpin negara dalam pandangan fikih siyasah. Penelitian ini menggunakan metode kualitatif dengan pendekatan literatur. Data dalam penelitian ini diperoleh dari bahan-bahan hukum yang mengikat yang terdiri dari perundang-undangan, keputusan pengadilan, teori hukum, buku-buku, tulisan-tulisan ilmiah dan jurnal hukum. Hasil penelitian ini menyatakan bahwa kriteria calon pemimpin negara di Republik Indonesia yang tertuang dalam peraturan perundang-undangan memiliki beberapa persamaan dengan kriteria calon pemimpin menurut Fiqih Siyasah, Pemilihan presiden Republik Indonesia dalam kurun waktu sebelum tahun 2009 dilaksanakan dengan konsep Bay’at Ahl al-Hall wa al-‘Aqd, pemilihan presiden dilakukan di dalam musyawarah para wakil rakyat yang berada di dalam Majelis Permusyawaratan Rakyat (MPR), diangkat oleh majelis, dan ketika berakhir masa jabatan akan dimintai laporan pertanggung jawaban kepada majelis yang mengangkatnya. Pemilihan presiden Republik Indonesia, dalam kurun waktu sesudah tahun 2009 dilakukan dengan cara pemilihan langsung melalui pemilu, semua lapisan masyarakat yang mempunyai hak pilih bisa menentukan pilihannya secara langsung, tidak lagi melalui perwakilan oleh wakil rakyat. Tetapi kelemahannya  presiden terpilih tidak dimintai laporan pertanggung jawaban di akhir masa jabatan. Kata kunci : Kriteria calon pemimpin, mekanisme, fiqih siyasah. 

The Other T. H. Marshall

1995 ◽  
Vol 24 (3) ◽  
pp. 341-362 ◽  
Author(s):  
A. M. Rees
Keyword(s):  
The Other ◽  
The Political ◽  
Social Rights ◽  
Current Interest ◽  
Capitalist Class ◽  
Class System ◽  
The Right ◽  
Right To Welfare ◽  
National Membership ◽  
The Relationship

ABSTRACTThis article argues that the writings of T. H. Marshall contain not one, but two, theories of citizenship, and there is a problem about whether they are compatible with one another. The second, less familiar, theory is mainly developed in Marshall's later works, especially The Right to Welfare, but many of its essential features can be found in Citizenship and Social Class, although not in the sections of that work which are most frequently quoted. Several areas where Marshall's shifting views contributed to this second version of citizenship are discussed: citizenship as national membership and as a body of obligations, the reality of social rights, discretion versus enforceable entitlements, citizenship as a bearer of its own inequalities, the relationship with the capitalist class system. Increasingly, Marshall came to restrict citizenship to the political sphere, thereby endorsing a conventional liberal view: but then he was, it is argued, in many respects a pretty conventional liberal. The article concludes by noting the paradox that much of the current interest in Marshall's thought is because a ‘strong’ view of citizenship is attributed to him which he may never have held, and which he certainly relinquished towards the end of his writing career.

scholarly journals First minister (prime minister) of the Fifth French Republic: Between the significant constitutional position and the prevailing practice in the shadow of the head of state

2021 ◽  
Vol 55 (1) ◽  
pp. 223-252
Author(s):  
Milan Rapajić
Keyword(s):  
Prime Minister ◽  
Executive Branch ◽  
Political Life ◽  
The Political ◽  
Political Responsibility ◽  
Political Practice ◽  
Head Of State ◽  
The Republic ◽  
The Government ◽  
The Right

One of the characteristics of the system of government in the Fifth French Republic is the strengthened position of the head of state, but also the existence of the first minister as a constitutional category with a significant role. The constitution provides the political responsibility of the government with the Prime Minister and ministers before parliament. Certain French writers have opinion that the Prime Minister appears as the central figure of the constitutional structure. The Prime Minister shall direct the actions of the Government. This is 21 of Constitution. Also, there are specific powers that put the Prime Minister in the position of its real head of government. Among the prime minister's most important powers is his right to elect members of the government. It is the right to propose to the President of the Republic the appointment but also the dismissal of members of the government. The Prime Minister is authorized to re-sign certain acts of the President of the Republic. In case of temporary impediment of the head of state, the Prime Minister chairs the councils and committees for national defense, as well as the Council of Ministers. The paper analyzes the constitutional provisions that lead to the conclusion that the position of the Prime Minister is institutionally constructed as strong. Political practice, with the exception of periods of cohabitation, has indicated that most prime ministers have been overshadowed by mostly powerful heads of state. For that reason, it is necessary to analyze the political practice of all eight presidential governments. A review of the already long political life that has lasted since 1958. points to the conclusion that in its longest period, presidents of the Republic dominated the public political scene. The Prime Minister has a more pronounced role in the executive branch during cohabitation periods. However, nine years in three cohabitations cannot change the central conclusion of this paper that the dominant political practice of the Fifth Republic has led to the Prime Minister being essentially in the shadow of the head of state.

scholarly journals Issues of Complementing the Political and Civic Culture in the Conditions of the Democratic Transition of the Republic of Armenia

wisdom ◽  
2021 ◽  
Vol 19 (3) ◽  
pp. 172-181
Author(s):  
Mariam MARGARYAN ◽  
Marine MOVSISYAN
Keyword(s):  
Democratic Transition ◽  
Participatory Democracy ◽  
Political Stability ◽  
Active Participation ◽  
Civic Culture ◽  
The Political ◽  
The Republic ◽  
Effective Development ◽  
The Masses ◽  
The Relationship

In this article, the authors have investigated the issues of complementarity of political and civic cultures in the Republic of Armenia and the importance of participation in their effective development. It has been stated that in the conditions of a democratic transition, participatory democracy can be false or marginal in nature, due to which it can be perceived as irresponsible freedom, but the reality is different. The mani­pu­lative and philosophical bases of participation were also studied. It has been substantiated the approach that in the absence of a consolidation, the new democratic space formed due to the active participation of the masses does not solve the problem of political stability, but on the contrary, deepens the crises of poli­tical development. It emphasizes that the effectiveness of the process of overcoming crises in the condi­ti­ons of democratic transition of the Republic of Armenia requires scientific-analytical management based on the principles of consolidation, the professionalism of the strategic elites; especially after the “Velvet Revoluti?n”. The relationship between democracy and demarchy were also studied.

scholarly journals The constitutional status of the Sejm in the political system of the Republic of Poland

2020 ◽  
Vol 2020 (57) ◽  
pp. 30-43
Author(s):  
Stanisław Bożyk
Keyword(s):  
Political System ◽  
Political Representation ◽  
The Political ◽  
Basic Principles ◽  
Political Pluralism ◽  
Lower Chamber ◽  
The Republic ◽  
The Relationship

The purpose of this article is to evaluate or to determine the constitutional status of the Sejm of the Republic of Poland in the light of the basic principles of the political system. The position of the lower chamber of the Polish parliament is presented in turn against the backdrop of four principles: the sovereignty of the Nation, political representation, political pluralism, and the separation and balancing of powers. In the context of the latter principle, the relationship between the Sejm and the executive is also presented.

scholarly journals Some Aspects of the Rights of Tax Payers in the Light of the Tax Reforms // Neki aspekti prava poreskih obveznika u svjetlu poreskih reformi

2018 ◽  
Vol 8 (8) ◽  
pp. 169
Author(s):  
Zorica Drljača
Keyword(s):  
Tax Administration ◽  
Tax Reforms ◽  
The Right To Privacy ◽  
Legal Provisions ◽  
The Republic ◽  
Right To Information ◽  
The Right ◽  
Republika Srpska ◽  
Tax Payers ◽  
The Relationship

The protection of taxpayers’ rights is an important issue of any democratic country, as it concerns matters related to basic human rights and freedoms. When we take into account basic components of taxpayers’ rights in most of the developed European countries, such as the right to information and assistance, the right to appeal, the right to the consistent application of legal provisions, the right to security, the right to privacy and the right to data secrecy and confidentiality, we can deduce that those rights are also recognized to the taxpayers in Republika Srpska. In order to further improve the relationship between the Tax Administration and the taxpayers in the Republika Srpska, we suggest that the Tax Administration, following the example of the Tax Administration of the Republic of Serbia and the tax authorities of other countries, should in future activities draw up the Charter of Taxpayers which would represent a full affirmation of their rights and an additional aspect of the Tax Administration’s openness towards taxpayers. In the future, the Tax Administration should also consider the possibility of setting up tax ombudsman institutions as well as specialized tax courts before which tax disputes would be conducted.

scholarly journals On the issue of restriction of individual rights in civil law. Correlation between the concepts of restriction and encumbrance of civil rights

2021 ◽  
pp. 146-150
Author(s):  
V.M. Marovdi
Keyword(s):  
Civil Rights ◽  
Civil Law ◽  
Fundamental Principle ◽  
Individual Rights ◽  
Basic Law ◽  
National Legal System ◽  
Definition Of ◽  
The Right ◽  
The Relationship ◽  
Work First

In this article the author considers the concept of restriction of individual rights in civil law, as well as the re-lationship between the concepts of restriction and encumbrance of civil rights. First of all, the lack of a legislative definition of the concept of restriction of individual rights in civil law, as well as the ambiguity of the position of the legislator on the use of the term restriction and its place among related conceptsIn writing this work, first of all, attention was paid to the Constitution of Ukraine, which is the Basic Law, which serves as a guide that establishes the general boundaries of human and civil rights. The connection of the provisions of the Constitution with the norms of the Civil Code of Ukraine within the framework of the chosen topic was presented. Emphasis is placed on the fundamental principle according to which the national legal system is built, namely: “everything is allowed that is not expressly prohibited by law.”The views of some scholars who adhere to their vision of the concepts under study are given. In addition, in this study, the relationship between the concepts of restriction and encumbrance of individual rights in civil law. In the process of writing this work, the positions of legal scholars who had relatively similar positions were given. They distinguish between the above concepts, and provide the relevant features. However, outside the scope of this study were many works of scientists who do not see a difference in these concepts.None of this was left out of the regulatory framework for the definition of the above concepts at the legislative level. In particular, it was found that in contrast to the concept of restriction of individual rights, including in civil law, the current legislation contains a definition of encumbrance. There are several acts that provide this definition. And in all cases, the definition is different.Based on the analysis of regulations, it was found that the legislator does not consistently approach the definition of encumbrance. In particular, in some cases the latter includes the encumbrancer’s right to the debtor’s movable property or restriction of such right, in others - prohibition or restriction of disposal and / or use of real estate, and in some cases the legislator identifies encumbrances and restrictions.According to the results of the study, the conclusions on the failure to define in national law the concept of re-strictions on the rights of persons in civil law, as well as the lack of a clear distinction between the concept of restric-tion of the right of person and encumbrance, in particular under civil law. There is a position on the need for further research on relevant topics, which will ensure clarity and clarity of the law, and promote its effective application, as well as consensus on this issue among scholars.

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