scholarly journals Relations Between Central Government and Local Government in Kosovo

2019 ◽  
Vol 3 (2) ◽  
pp. 100
Author(s):  
Iliriana BAJRAMI

This paper represents a model attempt to shed light on institutional relations between two levels of power in the Republic of Kosovo. The wide range of legal acts concerned with the regulation of the reports between Central and Legal Government in Kosovo, comprise a legal system containing complex set of rules which define the share of power, competences and the authority of these two levels. As such, this paper is an attempt to investigate and analyze the complex set of legal and institutional mechanisms referring to relations between these two levels of power. The paper follows a set of approaches and methods such as comparative and analytical method, descriptive, empirical  and historical method in order to cover as much aspects and elements of the relations between two levels of power in Kosovo. Key words: Authorizations, Central Govenrment, Consitution, Competences, Decentralization, Local Government, Local governance, Power.

2016 ◽  
Vol 4 (1) ◽  
pp. 74
Author(s):  
Mervete Shala ◽  
Skender Shala

In this paper we have treated supervision and control of local governance in context of fair governance in Republic of Kosovo. Analyse of law framework and European standards of governance autonomy of local self-governance and administrative supervision of local governance. Treating of supervision of local authority governance and the main mechanism of government for legal administrative review of local authority governance and legality as well as the rights of the supervising authority for administrative review of legality of general acts of municipalities. The purpose of this paper is to analyse and tackle the challenges of supervision and control of local government institutions in Kosovo.The mandate and powers of the central government to review the legality of local authorities in the field of enhanced competencies and the legality and appropriateness of their scope of activities of in the field of delegated powers. The challenges of preserving the autonomy of local self-government and local government supervision by the central authorities. One of the challenges of the supervisor in the future will be to supervise and control of municipalities with extended competences (municipalities with Serb majority), shall these municipalities consider requirements to be review the unlawful acts and harmonize them with the applicable legislation in Kosovo. The methodology of the paper will be mixed, such as: as comparative methods, descriptive, requesting explanatory, predictive.


SEEU Review ◽  
2021 ◽  
Vol 16 (1) ◽  
pp. 14-29
Author(s):  
Jeton Mazllami

Abstract Local governance in developing countries demonstrates many problems related to financial sources and good governance of their finances. Local Self-Government (LSG) units in the Republic of North Macedonia are very small which results in a lack of capabilities to raise enough funds to offer delegated services. The local government in the Republic of North Macedonia centralizes almost all public finance. Local budgets depend heavily on state transfers and donations from the central budget. The lack of funds remained a crucial problem even though there were some attempts for the decentralization process. Practically, governments in many of the local governments in North Macedonia could not secure their resources. In this way, they could come with specific charges, but all taxes are decided by the central government. The practice showed that local governments before borrowing needs to be approved by the Ministry of Finance. The Republic of North Macedonia as a potential candidate to join the European Union should make several changes regarding the legislation during the process of accession to benefit from being a small candidate country. The main aim of this paper is to investigate alternative financial sources such are Municipal Bonds, Partnership Sukuk securities, and PPP. Unfortunately, many financial alternatives have not been able to be implemented due to failures in reforms and good financial governance. But they remain an open opportunity for developing a local government in the future.


2016 ◽  
Vol 2 (1) ◽  
pp. 74
Author(s):  
Mervete Shala ◽  
Skender Shala

In this paper we have treated supervision and control of local governance in context of fair governance in Republic of Kosovo. Analyse of law framework and European standards of governance autonomy of local self-governance and administrative supervision of local governance. Treating of supervision of local authority governance and the main mechanism of government for legal administrative review of local authority governance and legality as well as the rights of the supervising authority for administrative review of legality of general acts of municipalities. The purpose of this paper is to analyse and tackle the challenges of supervision and control of local government institutions in Kosovo.The mandate and powers of the central government to review the legality of local authorities in the field of enhanced competencies and the legality and appropriateness of their scope of activities of in the field of delegated powers. The challenges of preserving the autonomy of local self-government and local government supervision by the central authorities. One of the challenges of the supervisor in the future will be to supervise and control of municipalities with extended competences (municipalities with Serb majority), shall these municipalities consider requirements to be review the unlawful acts and harmonize them with the applicable legislation in Kosovo. The methodology of the paper will be mixed, such as: as comparative methods, descriptive, requesting explanatory, predictive.


2011 ◽  
Vol 1 (2) ◽  
Author(s):  
MSc. Bashkim Mustafa ◽  
Dr.Sc. Skender Ahmeti ◽  
Mr.Sc. Ejup Fejza

Promotion of fair, efficient and not corrupted management of public finances from local government is crucial for functional democracy and it includes number of issues, institutions and methods.Fiscal transparency enables citizens to act as consumers by asking for high level of values toward the money they pay for taxes. Transparent operations also makes easier job to local government on offering these values. The New Constitution of the Republic of Kosovo, which was en-forced on June 15 2008, has a special chapter regarding the local gover-nance where is precisely determined basic principles and objectives of local governance in Kosovo. Constitution declares that” basic unit of lo-cal governance in the Republic of Kosovo is municipality. Municipalities has a large scale of local governance and they encourage and ensure acti-ve participation of all citizens on the decision making process of munici-pal authorities (article 124.1). The Constitution in 11 paragraphs gua-rantee the right of citizens on local governance, the request that establi-shment, competences and municipal borders to be regulated by the law, the right of the municipality to get financing from central government, the rights of municipality on cooperation between municipalities and cross-border cooperation, administrative borders of review  of local activi-ties by the central government and also the obligations that municipa-lities has toward respecting the Constitution and the Law.Actual financial legislation for local government has extended the base for self municipal income which enables municipalities to increase their budgets.The aim of this study is to analyze the self income of Kosovo munici-palities and to show the impact of self income on service offering from municipal level to citizens 


1987 ◽  
Vol 31 (1-2) ◽  
pp. 151-160 ◽  
Author(s):  
I. Schapera

In the closing paragraph of his inaugural lecture Law and Language, Professor Allott referred to what he termed “a daunting obstacle” to the intensive study of African legal systems.That obstacle is the rapid disappearance, before our very eyes, of the traditional systems that we have proposed to study. A generation ago there would not have been that difficulty; but today the traditional tribunals have vanished in many African countries where their place has been taken by statutory local courts. Even where the traditional courts appear to have survived, at least in name, they are usually affected by the impact of western law and institutions and of central government control.Those words were written in 1965. How true and necessary they were is shown by the fact that more than fifty years previously—even more than “a generation ago”—the impact of “western” influences upon the Tswana peoples of the Bechuanaland Protectorate (now the Republic of Botswana) had already led to many changes in the indigenous legal system, although, at that time, the “traditional courts” still survived virtually intact and not merely “in name”.The nature and extent of those changes can be readily ascertained by the fortunate chance that, there are still available the records of approximately 470 cases tried, over a period of six and a half years, in the highest traditional court of the Ngwaketse, a major Tswana chiefdom.


2018 ◽  
Vol 86 (1) ◽  
pp. 115-133 ◽  
Author(s):  
Evrim Tan

In the 2000s, Turkey has reformed its public administration system in line with New Public Management (NPM) principles towards a more decentralized system. Although the initial aim of the reform process is set to achieve a decentralized and more efficient public management system, the empirical data and official statistics cast doubt on whether this outcome will ever be achieved. Analyzing local government legislation, the discretion of central government in local governance, and the changes in the status of local government in public governance, the article presents the evolution of the local government system in Turkey during the Justice and Development Party government. Points for practitioners The public management reform experience of Turkey resembles the NPM reform patterns in countries with Napoleonic state tradition. Similar to these countries, the emphasis on managerial practices over participatory elements has been prevalent in improving the efficiency and effectiveness of public services. Yet, the findings in the Turkish case challenge the proposition that managerial reforms alone, without improving local democratic governance, can enhance the efficiency and effectiveness of public services.


2021 ◽  
Vol 921 (1) ◽  
pp. 012052
Author(s):  
R S Utami ◽  
Budimawan ◽  
Kurniaty

Abstract The fishing port as the basis for the capture fisheries sector has a very important role in the national economy. Since the inauguration in 2016 until now, Untia Makassar Fishing Port has not shown an increase in activity as expected. This research objective is to make an inventory of the regulations related to the Untia Fishery Port Management Policies and how is the implementation of the Untia Fishery Port Management Policies. This research uses a descriptive method with a qualitative approach. The sampling technique used was purposive sampling. The method of data collection is done by interview, participatory observation, documentation, and questionnaire. The results show that the Decree of the Minister of Marine Affairs and Fisheries of the Republic of Indonesia Number 74 / KEPMEN-KP / 2016 concerning the Management of Untia Fishery Ports has not succeeded in becoming a tool in increasing fisheries activities. Therefore, it is necessary to coordinate immediately with the Ministry of Administrative Reform - Bureaucratic Reform (Kemenpan-RB) so that the nomenclature of Untia fishery port managers can be immediately determined so that additional human resources and budgeting resources can be added. The efforts must be made so that policy implementation can be maximized in the community, namely (1) local government support for the initiation of the 30 GT ship to facilitate it to the fishery port for use and (2) local government support in the form of regulations for industrial entrepreneurs both in the ship supply industry as well as the marketing and distribution of fishery products to grow the fishery industry at the port of Untia.


Author(s):  
Gde Edi Budiartha

Local regulations are local regulations that are established by local specificities recognized by the Constitution of the Republic of Indonesia-1945 as part of their decentralization. Local regulations can not contradict the legislation of higher order not to cause a result of the cancellation. This cancellation is the authority of the central government in relation to the unitary state. Supervision by the central government there are two models of preventive supervision and oversight repesif. Cancellation regulatory oversight repesif area is conducted on local government. Cancellation Provincial Regulation made by the President and the Minister of the Interior gave rise to a dualism. For it will be discussed on How cancellation arrangements are made with the Provincial Regulations and Regulations Presidential Decree of the Minister of the Interior? 2. What is the legal effect of the cancellation of Provincial Regulation by Presidential Decree and the Regulation of the Minister of the Interior? The issues discussed using normative research by using the approach of legislation, the legal concept analysis approach, in order to obtain answers that dualism cancellation provincial regulations stipulated in several laws including Law No. 32 Year 2004 on Regional Government, Law No. 28 year 2009 on Local Taxes and levies, Government Regulation No. 79 Year 2005 on Guidelines Direction and Control of Local Government, Minister of the Interior No. 1 Year 2014 on the Establishment of the Regional law Products stating that the authority of the cancellation of regulations made by the President of the instrument while the Presidential Decree cancellation made by the Minister of the Interior was limited to cancellation Draft Regional Regulation on stage during the evaluation of preventive supervision and legal consequences caused by the dualism cancellation of local regulations are different between cancellation made by the President and minister of Interior. Cancellation is cancellation of its President in the field of executive interim final cancellation made by the Minister of the Interior if the local government to enforce the local regulations canceled Interior Minister will ask the cancellation to the President.


2018 ◽  
Vol 7 (3) ◽  
pp. 534
Author(s):  
Chanif Nurcholis ◽  
Sri Wahyu Kridasakti

<p>The model of local governance has always changed since Indonesian independence, namely centralized and decentralized model. According to Law Number 23 of 2014 and Law Number 6 of 2014 the model of regional government returned to the traditional conservative centralized model. This model is not in accordance with the model of local government initiated by the founding fathers and norms of Article 18 of the 1945 Constitution and norms of Article 18, 18A and 18B of the 1945 Constitution of the Republic of Indonesia (after amendment). According to this problem, text research is conducted. The purpose of this study is to compare the models of local governance practiced since the colonial era until now with the model of local government conceived by the founding fathers and the 1945 Constitution. This research is a normative research with content analysis method. The result of the research is that the current system of local government deviates from the founding father conception (Muhammad Yamin, R. Soepomo, and Mohammad Hatta) and the 1945 Constitution. The conception of local government according to the founding fathers and the 1945 Constitution is modern urban decentralized regional government while the regional and village governments are regulated by Law Number 23 of 2014 on The Local Government juncto Law Number 6 of 2014 on The Village is a conservative and traditionally centralized of the local governance model.</p>


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