El principio de autonomía local en el régimen vasco del gobierno local

2017 ◽  
pp. 81-106
Author(s):  
Luciano PAREJO ALFONSO
Keyword(s):  
Local Government ◽  
Legal System ◽  
National Level ◽  
Legal Framework ◽  
Government Effectiveness ◽  
Full Development ◽  
Territorial Organization ◽  
Broad Interpretation

LABURPENA: Lan honen hasieran toki-gobernuaren EAEko araubide legalari dagokion planteamendua zehaztu da, baita estatu mailako esparru konstituzionalean eta legalean txertatzeko baldintzak ere (modu zabal eta ulergarrian interpretatuz bai Tokiko Autonomiaren Europako Gutunaren, bai Europar Batasuneko jatorrizko eskubidearen aurreikuspenak); planteamendu horrek, ondorioz, Euskadiko lurralde-antolaketa berezian bete beharko duen funtzioa ere aztertu da; jarraian, toki-autonomiaren printzipioaren erabateko garapena identifikatu du, EAEko legelariaren funtsezko helburu gisa, eta definitutako toki-gobernuaren estatutuan helburu horrek izango lituzkeen ondorioak argitu ditu. Oinarri horretatik abiatuta tokiko autonomiaren kontzepzioa aztertu du, eta horri erantzuten dio; bukatzeko, aipatutako autonomiaren eraginkortasuna bermatzeko baliatutako prebentzio-mekanismo berritzaileak azaldu ditu. RESUMEN: Este trabajo comienza por precisar el planteamiento a que responde el régimen legal vasco del gobierno local, los términos de su inserción en el marco constitucional y legal estatal (interpretado correctamente de forma amplia y comprensiva, por tanto, de las previsiones tanto de la Carta Europea de Autonomía Local, como del Derecho originario de la Unión Europea) y la consecuente función que está destinado a cumplir en la peculiar organización territorial de Euskadi, para identificar seguidamente el pleno desarrollo del principio de autonomía local como objetivo fundamental del legislador vasco y precisar las consecuencias de tal objetivo en el estatuto del gobierno local que define. Sobre esta base analiza la concepción de la autonomía local en la que descansa y a la que el mismo responde para concluir con la exposición de los novedosos mecanismos preventivos que pone al servicio de la garantía de la efectividad de la referida autonomía. ABSTRACT: This paper aims at specifying the legal system rationale for the Basque Country’s local government, the terms of its insertion within the Constitutional and legal framework at the National level –with a broad interpretation, including, therefore, both, the European Charter of Local Self-Government, and the European Primary Law-, and the resulting role this legal system has to play in the special territorial organization of Euskadi. Following that, the paper tries to identify the full development of the principle of local self-government as the main objective of the Basque legislator, indicating its consequences within the local government statute defined by it. On this basis, the paper analyzes the local self-government conception of the principle previously indicated, and concludes outlining new preventive mechanisms that are placed in the service of the referred self-government effectiveness.

scholarly journals Towards the Establishment of Family Dispute Resolution Center in Pakistan

2021 ◽  
Vol VI (I) ◽  
pp. 1-8
Author(s):  
Zeeshan Ashraf Qureshi ◽  
Hafiz Muhammad Usman Nawaz ◽  
Mirza Shahid Rizwan Baig
Keyword(s):  
Data Analysis ◽  
Local Government ◽  
Data Collection ◽  
Dispute Resolution ◽  
Legal System ◽  
Critical Review ◽  
Legal Framework ◽  
The Social ◽  
Qualitative Methodologies ◽  
Customary Practices

The researchers have articulated the developments of family dispute resolution in Pakistan and highlighted issues pertaining to its legal framework and customary practices existing in the social and legal system. The library used as a tool for data collection, and internet sources consulted in this research. Doctrinal and qualitative methodologies used for this study and data analysis carried out through analytical and critical review along with the interpretation of laws. This article is very significant for the understanding of gaps to accommodate FDR methods and practices to expedite adjudication processes. Furthermore, the article is lightening on the issues of dispute resolution and interaction of local government systems to cater to customary mal-practices. Therefore, FDR is the most flexible, efficient, and preferred choice for family dispute resolution in the developed legal discourse. This article is advocating in favor of FDR, aiming to reconciliation in the matrimonial disputes, to prevent the dissolution of marriage cases.

scholarly journals ADMINISTRATIVE-TERRITORIAL REFORM IN UKRAINE: NORMATIVE-LEGAL ASPECT OF DECENTRALIZATION REFORM IN UKRAINE

2021 ◽  
Vol 1 ◽  
pp. 102-124
Author(s):  
Olena Lisova ◽  
Maxim Shevyakov ◽  
Olena Orlova
Keyword(s):  
Local Governments ◽  
Spatial Organization ◽  
Legal Aspect ◽  
National Level ◽  
Legal Framework ◽  
The State ◽  
Reform Process ◽  
Territorial Organization ◽  
State And Local ◽  
Decentralization Reform

The need for effective, capable self-government inevitably faces the need to change the spatial organization of local governments. In turn, the territorial organization of executive bodies also turned out to be far from optimal. In Ukraine, there have been discussions for many years about the reorganization (reform) of the entire system of public power in the country. But they have mainly always concerned the redistribution of powers in the power triangle at the national level: President - Parliament - Government. Since independence, changes have taken place here many times. However, despite the changes taking place in this redistribution at the national level, people living in specific towns and villages continue to face the same problems. To date, not clear enough mechanisms have been implemented to form effective local self-government and territorial organization of government to ensure the provision of high quality and affordable public services, meet the interests of citizens in all spheres of life in the territory, harmonize the interests of the state and local communities, establishing cooperation between the authorities and local governments. Currently, the second stage of decentralization in Ukraine continues in 2020-2021. The Cabinet of Ministers of Ukraine has identified the need for further reform process, introduction of decentralization in Ukraine as one of the priorities in the state, which will continue the development of local self-government, territorial communities and in general will enable the growth of Ukraine's economic indicators. In this regard, this article is aimed at studying the state of administrative-territorial reform in Ukraine, as well as outlining areas for improving the legal aspect of decentralization reform in Ukraine, as for further development of the legal framework, to continue the reform requires a number of important laws.

National Regulations and Local Rules - A Hybrid Regulatory Model of Intelligent Connected Vehicles in China

2021 ◽  
Vol 8 (2) ◽  
pp. 85-101
Author(s):  
Huichun Liu
Keyword(s):  
Local Government ◽  
Central Government ◽  
National Level ◽  
Legal Framework ◽  
Legal Issues ◽  
Connected Vehicles ◽  
Local Government Level ◽  
Government Rules ◽  
Regulatory Model ◽  
Government Level

This paper investigates the laws and regulations of China on the intelligent connected vehicles (ICV). After analyzing the current Chinese laws that are related to the ICVs, this paper makes a list of challenges that the current legal framework needs to face if (1) the ICV-related laws are not revised or new laws are not passed, and (2) there are no regulations or rules made to govern the legal issues of the ICVs. Then this paper starts to focus on the research into the national regulations and local government rules. In this part, literature review of the regulations of the central government and the rules of the local government is completed to investigate how this hybrid model works for the development of ICV industry in China. Detailed analysis of text of provisions is provided. The results indicate that the interaction and interconnection of the regulations at the national level and local government level form an underlying framework for the Chinese ICV industry by providing guidance, policies, and implementation rules.    

Processes of decentralization of territorial organization of government: Problems and prospects

2021 ◽  
Vol 28 (2) ◽  
pp. 86-92
Author(s):  
Oleksandr M. Nepomnyashchyy ◽  
Oleksandra A. Marusheva ◽  
Oksana V. Medvedchuk ◽  
Iryna A. Lahunova ◽  
Denis V. Kislov
Keyword(s):  
Local Government ◽  
Public Administration ◽  
Rural Areas ◽  
Power Distribution ◽  
Legal Framework ◽  
Territorial Development ◽  
Normative Documents ◽  
Balanced Development ◽  
Territorial Organization ◽  
Decentralization Reform

The article considers the implementation of decentralization processes in the national system of public administration. In the context of socio-economic and political problems in Ukraine, the issues of ensuring the effectiveness of regional development are becoming increasingly important. The existing system of administrative-territorial organization and hierarchy of power, distribution of powers between public administration bodies at the national and regional levels and local self-government bodies was not able to ensure balanced development of territories. The priority was to ensure equal access to social, administrative, communal and other services for the population of both large cities and rural areas. An important aspect of development is the issue of community responsibility for management decisions. Representation of the community in matters of territorial development is of increased relevance. A retrospective analysis of the development of decentralization reform in Ukraine and a system of legislative support for the functioning of amalgamated territorial communities were conducted in order to determine the prospects for further implementation of decentralization reform in Ukraine. Thus, the article considers the regulatory framework for the introduction of a system of decentralization of power in Ukraine. Certain aspects have been identified that have not been elaborated by law and hinder the further development of the system of amalgamated territorial communities. The analysis of the legal framework made it possible to identify the main normative documents regulating decentralization processes in Ukraine, outline their role in the development of decentralization processes, and determine the legal limits of capabilities and obligations of different levels of government, including local government and local government

scholarly journals ADMINISTRATIVE-TERRITORIAL REFORM IN UKRAINE: NORMATIVE-LEGAL ASPECT OF DECENTRALIZATION REFORM IN UKRAINE

2021 ◽  
Vol 1 ◽  
pp. 112-124
Author(s):  
Olena Lisova ◽  
Maxim Shevyakov ◽  
Olena Orlova
Keyword(s):  
Local Governments ◽  
Spatial Organization ◽  
Legal Aspect ◽  
National Level ◽  
Legal Framework ◽  
The State ◽  
Reform Process ◽  
Territorial Organization ◽  
State And Local ◽  
Decentralization Reform

The need for effective, capable self-government inevitably faces the need to change the spatial organization of local governments. In turn, the territorial organization of executive bodies also turned out to be far from optimal. In Ukraine, there have been discussions for many years about the reorganization (reform) of the entire system of public power in the country. But they have mainly always concerned the redistribution of powers in the power triangle at the national level: President - Parliament - Government. Since independence, changes have taken place here many times. However, despite the changes taking place in this redistribution at the national level, people living in specific towns and villages continue to face the same problems. To date, not clear enough mechanisms have been implemented to form effective local self-government and territorial organization of government to ensure the provision of high quality and affordable public services, meet the interests of citizens in all spheres of life in the territory, harmonize the interests of the state and local communities, establishing cooperation between the authorities and local governments. Currently, the second stage of decentralization in Ukraine continues in 2020-2021. The Cabinet of Ministers of Ukraine has identified the need for further reform process, introduction of decentralization in Ukraine as one of the priorities in the state, which will continue the development of local self-government, territorial communities and in general will enable the growth of Ukraine's economic indicators. In this regard, this article is aimed at studying the state of administrative-territorial reform in Ukraine, as well as outlining areas for improving the legal aspect of decentralization reform in Ukraine, as for further development of the legal framework, to continue the reform requires a number of important laws.

scholarly journals Legal status of local governments as subjects of administrative and legal relations

2020 ◽  
pp. 29-34
Author(s):  
V.I. Melnyk ◽  
B.O. Pavlenko ◽  
Yu.M. Kiiashko ◽  
V.V. Snizhko
Keyword(s):  
European Union ◽  
Local Government ◽  
Local Governments ◽  
Government Regulation ◽  
Legal Status ◽  
National Level ◽  
Public Information ◽  
Legal Framework ◽  
The European Union ◽  
The Law

This article is devoted to the study of the legal status of local governments, which act as subjects of administrative and legal relations. In the process of studying the legal status of local governments as subjects of administrative and legal relations, the author reveals the concepts, functions, powers and features of the legal status of local governments and ways to improve the local government as a whole, given the positive experience of the European Union. The article highlights legal framework which serves as a regulator of local government at the national level. In general, the main document on which local self-government is based is the Constitution of Ukraine, in which a separate section on local self-government reveals issues related to the specific application of the principles of local self-government in Ukraine. The next, no less important in the field of local government regulation in Ukraine, are special laws, namely the Law of Ukraine "On Local SelfGovernment in Ukraine" and the Law of Ukraine "On the Status of Deputies of Local Councils". The first law covers and characterizes the system in which local self-government operates in Ukraine, and the second covers the limits of the deputy's activity and its legal status. It is worth mentioning a number of regulations governing certain areas of local government. These include: the Law of Ukraine "About Access to Public Information"; Law of Ukraine "About the open use of public funds"; Law of Ukraine "About Regulation of Urban Development"; Law of Ukraine "About Principles of State Regulatory Policy in the Sphere of Economic Activity"; Law of Ukraine "About improvement of settlements"; Budget Code of Ukraine. According to the study, an analysis of the current state of local self-government in Ukraine was conducted. In particular, some problematic issues related to the sphere of activity of local selfgovernment bodies, which need to be resolved immediately, have been identified. Based on the study of the legal status of local governments and analysis of interaction problems between public authorities and local governments in the European Union, the author proposed ways to further improve the interaction of local governments and local governments of Ukraine.

Entrepreneurship Management at the Local Government Level: The Experience of the Cities for Entrepreneurs Program

2018 ◽  
Vol 9 (5) ◽  
pp. 388-407
Author(s):  
Patricio Gigli ◽  
◽  
Donatela Orsi ◽  
Marisel Martín Aramburú ◽  
◽  
...  
Keyword(s):  
Human Capital ◽  
Local Government ◽  
Local Governments ◽  
Structural Characteristics ◽  
National Level ◽  
Development Issue ◽  
Starting Point ◽  
Local Government Level ◽  
Micro Level ◽  
Government Level

This paper aims at describing the experience of the Cities for Entrepreneurs Program (Ciudades para Emprender or CPE) of the National Directorate of Community and Human Capital (which belongs to the SEPYME), National Ministry of Production. This paper starts from the premise that entrepreneurship takes place at the most micro level of the offer and, therefore, is a concept associated with the characteristics of the environment closest to that offer: the local territory. However, there is little history in the country of public policies relating the issue of entrepreneurship with the local management. That is why we take as a starting point the conceptualization of the chosen framework: local governments and the development issue, seen from the perspective of entrepreneurships. Moreover, an overview is given on the structural characteristics of municipalities in Argentina. In addition, some international experiences and attempts to promote entrepreneurship at a national level are analyzed. Finally, the Cities for Entrepreneurs Program (CPE) is outlined, based on a summary of the diagnoses of the Entrepreneurial Ecosystems of the selected cities and the tools used and their execution status at the time of publication of this paper.

General Particulars Regarding the Conflict of Interest

2020 ◽  
Vol 26 (2) ◽  
pp. 145-149
Author(s):  
Aurelia Teodora Drăghici
Keyword(s):  
Local Government ◽  
Conflict Of Interest ◽  
Conflicts Of Interest ◽  
National Level ◽  
The State ◽  
Role Of The State ◽  
Legal Implications ◽  
Determining Factors ◽  
Changing Role

SummaryTheme conflicts of interest is one of the major reasons for concern local government, regional and central administrative and criminal legal implications aiming to uphold the integrity and decisions objectively. Also, most obviously, conflicts of interest occur at the national level where political stakes are usually highest, one of the determining factors of this segment being the changing role of the state itself, which creates opportunities for individual gain through its transformations.

SEARCH FOR AND SEIZURE OF EVIDENCE IN CYBER ENVIRONMENTS: A LAW-ENFORCEMENT DILEMMA IN SOUTH AFRICAN CRIMINAL PROCEDURE

2014 ◽  
Vol 1 (1) ◽  
pp. 48-67
Author(s):  
Vinesh M Basdeo ◽  
Moses Montesh ◽  
Bernard Khotso Lekubu
Keyword(s):  
Law Enforcement ◽  
South African ◽  
Legal System ◽  
Criminal Procedure ◽  
Integrated Approach ◽  
Physical World ◽  
Legal Framework ◽  
Time Zone ◽  
Legal Sanctions ◽  
Domestic Affairs

Investigating, deterring and imposing legal sanctions on cyber-criminals warrants an international legal framework for the investigation and prosecution of cybercrime. The real-world limits of local, state and national sovereignty and jurisdiction cannot be ignored by law-enforcement officials. It can be a strenuous task to obtain information from foreign countries, especially on an expedited basis – more specifically when the other country is in a different time zone, has a different legal system, does not have trained experts and uses different languages. In South Africa existing laws appear to be inadequate for policing the cyber realm. The effects and impact of information technology on the legal system have not yet received the attention they warrant. The challenges presented by the electronic realm cannot be solved merely by imposing existing criminal and criminal procedural laws which govern the physical world on cyberspace. The electronic realm does not necessarily demand new laws, but it does require that criminal actions be conceptualised differently and not from a purely traditional perspective. Sovereignty and the principle of non-interference in the domestic affairs of another state are fundamental principles grounding the relations between states; they constitute an important mechanism in the armoury of criminals. The harmonisation and enactment of adequate and appropriate transborder coercive procedural measures consequently play a pivotal role in facilitating effective international cooperation. This article examines the efficacy of South African laws in dealing with the challenges presented by police powers to search for and seize evidence in cyber environments. It analyses the rudimentary powers that exist in South African criminal procedure regarding the search for and seizure of evidence in cyber environments, and compares them against the backdrop of the more systemic and integrated approach proposed by the Cybercrime Convention.

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