Organización y funcionamiento municipal y personal directivo público profesional

2017 ◽  
pp. 349-366
Author(s):  
Ignacio Javier ETXEBARRIA ETXEITA
Keyword(s):  
Local Governments ◽  
The State ◽  
The Self ◽  
State Legislation ◽  
Professional Managers ◽  
Government Capacity ◽  
Municipal Autonomy

LABURPENA: Euskadiko Toki Erakundeei buruzko Legeak udal-funtzionamendua eta -antolaketa arautzen ditu, eta udal-autonomia indartzen du, estatuko legediarekin erkatuta areagotu egin baitu tokiko entitateen autoantolakuntzarako gaitasuna, bidea emanez tokiko gobernuek modu gardenagoan joka dezaten eta hautetsiek lana eta familia hobeto uztar ditzaten. Legeak, horrez gain, tokiko gobernuak indartzea lortu nahi du, eta, horretarako, eskuordetze-teknikak jaso, eta modu aitzindarian arautu du zuzendari publiko profesionalen figura; oraingoz, hala ere, 40.000 biztanletik gorako udalerrietarako mugatu da. RESUMEN: La Ley de Instituciones Locales de Euskadi regula la organización y funcionamiento municipal y potencia la autonomía municipal al incrementar respecto a la legislación estatal la capacidad de autoorganización de las entidades locales posibilitando una actuación de los gobiernos locales más transparente y una mejor conciliación de la vida laboral y familiar de las corporativas y corporativos. La Ley busca asimismo potenciar los gobiernos locales y para ello incorpora técnicas de delegación y de forma pionera regula la figura de los directivos públicos profesionales si bien de momento limitada a los municipios con una población superior a los 40.000 habitantes. ABSTRACT: The Act on Local Entities of Euskadi regulates the municipalorganization and functioning and enhances the municipal autonomy by increasing as compared to the State legislation the self-government capacity of local entities enabling a more transparent operation by local governments and a better labour and family reconciliation of municipalities memberships. The Act also seeks to promote local governments and to do this it includes techniques of delegation and in a pioneer way it regulates the figure of public professional managers though only limited to those municipalities with a population exceeding 40.000 inhabitants.

scholarly journals Municipal and legal views of L. von Stein

2020 ◽  
pp. 25-30
Author(s):  
V.V. Sukhonos
Keyword(s):  
Local Governments ◽  
Land Ownership ◽  
Public Affairs ◽  
The State ◽  
Point Of View ◽  
The Self ◽  
The Public ◽  
National Importance ◽  
Social Organism ◽  
Free Government

Considering the essence of self-government, L. Stein believed that the easiest way to understand it is to trace the historical course of the development of the idea of self-government, the creation and strengthening of its organs. Self-government could not arise with absolutism, both monarchical and republican. It is possible only in the context of a constitutional order that ensures the freedom of development of self-governing local institutions. L. Stein's views closely adhered to the public theory of self-government. He was closer to her than R. Gneist. In particular, for him the state and the self-governing unions are social organisms. The state has the task of carrying out tasks of national importance, and on the bodies of self-government the implementation of local, special tasks, which, by virtue of their local importance, must be entrusted to the bodies of local self-government, as institutions close to the locality and directly interested in the implementation of local affairs. Recognizing the community as a social organism and the presence of special local public affairs, which are the competence of local governments, L. Stein pointed out that at the same time these special public affairs are also public affairs. He did not oppose the self-government bodies of governmental bodies, but acknowledged that both of them and others make one common state business, only the first local and the second general. L. Stein considered that local self-government is a participation in government, since it expresses the representation of only those local interests that are conditioned by land ownership, through which only at least mainly the interests associated with this can be combined. possession. But in self-government there are many interests that have nothing to do with land ownership and a large number of citizens who do not have such ownership, so they, on the basis of L. Stein's definition, should be excluded from local self-government. Thus, in defining local self-government as his main feature, L. Stein took not land or territorial district but land property. As for the structure of local self-government bodies, L. Stein believed that any public association that performs the tasks of government should be a permanent, organized and recognized government. His organization should be similar to the state, which achieves the unity of free government. Thus, L. Stein, distinguishing between the competences of state bodies and self-government bodies, did not oppose them to each other, but believed that local self-government bodies could even cope better with “assigned cases” than the state authorities themselves. He considered the main feature of local selfgovernment not land or territorial district, but land ownership. At the same time, the basis of the election, from his point of view, is not ownership, but belonging to well-known corporations and paying taxes.

Spatial and Institutional Analysis of the Voivodships Expenditure on Culture in the Years 2003 – 2015

e-Finanse ◽  
2019 ◽  
Vol 15 (3) ◽  
pp. 67-75
Author(s):  
Adam Mateusz Suchecki
Keyword(s):  
Local Government ◽  
Public Administration ◽  
Local Governments ◽  
Local Level ◽  
Institutional Analysis ◽  
The State ◽  
Cultural Institutions ◽  
Location Quotient ◽  
Local Authorities ◽  
National Heritage

AbstractFollowing the completion of the process of decentralisation of public administration in Poland in 2003, a number of tasks implemented previously by the state authorities were transferred to the local level. One of the most significant changes to the financing and management methods of the local authorities was the transfer of tasks related to culture and national heritage to the set of tasks implemented by local governments. As a result of the decentralisation process, the local government units in Poland were given significant autonomy in determining the purposes of their budgetary expenditures on culture. At the same time, they were obliged to cover these expenses from their own revenues.This paper focuses on the analysis of expenditures on culture covered by the voivodship budgets, taking into consideration the structure of cultural institutions by their types, between 2003-2015. The location quotient (LQ) was applied to two selected years (2006 and 2015) to illustrate the diversity of expenditures on culture in individual voivodships.

TAX FOR THE SELF-EMPLOYED: PROS AND CONS

2020 ◽  
Author(s):  
S.S. Hasanova ◽  
R.R. Hatueva ◽  
A.L. Arsaev
Keyword(s):  
Income Tax ◽  
The State ◽  
The Self ◽  
State Budget ◽  
Self Employment ◽  
Time Work ◽  
Part Time ◽  
Pros And Cons ◽  
Crisis Conditions ◽  
Part Time Work

This article discusses the pros and cons of applying professional income tax. Professional income tax is not mandatory, but an alternative way to pay 2 taxes on self-employment or part-time work. The introduction of this tax can mediate an increase in revenues to the state budget, which is of particular importance for the country in post-crisis conditions.

The Self-Undermining State

2017 ◽  
Author(s):  
Arjun Chowdhury
Keyword(s):  
State Formation ◽  
Final Section ◽  
The State ◽  
The Self ◽  
Central Authority ◽  
Interstate War ◽  
External Threats ◽  
Willingness To Sacrifice ◽  
The Cost

This chapter provides an informal rationalist model of state formation as an exchange between a central authority and a population. In the model, the central authority protects the population against external threats and the population disarms and pays taxes. The model specifies the conditions under which the exchange is self-enforcing, meaning that the parties prefer the exchange to alternative courses of action. These conditions—costly but winnable interstate war—are historically rare, and the cost of such wars can rise beyond the population’s willingness to sacrifice. At this point, the population prefers to avoid war rather than fight it and may prefer an alternative institution to the state if that institution can prevent war and reduce the level of extraction. Thus the modern centralized state is self-undermining rather than self-enforcing. A final section addresses alternative explanations for state formation.

Traditional and Customary Law: Adat

2018 ◽  
Author(s):  
Simon Butt ◽  
Tim Lindsey
Keyword(s):  
Judicial Review ◽  
Rural Areas ◽  
Small Proportion ◽  
Local Governments ◽  
The State ◽  
Customary Law ◽  
Constitutional Court ◽  
The Past ◽  
Statutory Protection ◽  
Traditional Communities

Many Indonesians—primarily those living in rural areas—still follow customary law (adat). The precise rules and processes of that adat differ significantly from place to place, even within short distances. This chapter shows that for many decades, adat has been subservient to national law. State-made law overrode it, leaving it applicable only in a very small proportion of cases where no national law applied, where judges could apply it as ‘living law’. Even in these cases, many judges ignored adat or distorted it when deciding cases. The 1945 Constitution was amended in 2000 to require the state to formally recognize and respect customary law, as practised in traditional communities. The Constitutional Court has given effect to this in various judicial review cases, as have some statutes enacted in the past decade or so. However, this constitutional and statutory ‘protection’ has been impeded in practice by requirements for traditional communities to be formally ‘recognized’ by their local governments, many of whom have been unresponsive to calls for recognition.

PROBLEMATIC ASPECTS OF IMPLEMENTATION OF ADMINISTRATIVE RESPONSIBILITY FOR NON-PAYMENT OF CHILD SUPPORT

2017 ◽  
Author(s):  
Viktoriia Chokhrii ◽  
Keyword(s):  
Child Support ◽  
Local Governments ◽  
The State ◽  
The Past ◽  
Control Functions ◽  
Labor Legislation ◽  
And Performance ◽  
Administrative Penalty ◽  
Executive Body ◽  
Administrative Responsibility

The article is devoted to the consideration of problematic aspects of the implementation of administrative responsibility for non-payment of child support, is used in the form of socially useful work. In particular, the essence of this type of administrative penalty is revealed. The study focuses on the problematic issues that arise in the implementation of the imposed administrative responsibility in the form of socially useful work. A number of problems concerning the legal application of Article 183-1 of the Code of Ukraine on Administrative Offenses (hereinafter – the Code of Administrative Offenses) and ways of their solution have been outlined. Amendments to the current legislation of Ukraine are proposed in order to improve the implementation of resolutions in cases of administrative offenses. In particular, it is proposed to monitor the workload of the staff of the territorial bodies of the State Executive Service in Ukraine and analyze their staffing standards and functional responsibilities for the preparation of materials under Article 183-1 of the Code of Administrative Offenses. In addition, it was proposed to improve the organization of the performance of socially useful work by local governments by conducting appropriate explanatory work and methodological assistance to local governments in organizing the solution of this issue. The article proposes to transfer control functions to the executive body, and to improve the duty imposed on local governments to provide socially useful work is to improve, including amendments to the labor legislation of Ukraine. It is noted that when drawing up an administrative offense or making a decision in the case, it is necessary to find out the presence or absence of circumstances that for good reasons made it impossible for the debtor to pay child support, or the existing alimony arrears for the past period. The expediency of development of methodical recommendations for local self-government bodies concerning the order of definition and performance of socially useful works is substantiated.

Institutional pressures influencing environmental management accounting adoption by Malaysian local governments

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Che Ku Hisam Che Ku Kassim ◽  
Noor Liza Adnan ◽  
Roziani Ali
Keyword(s):  
Environmental Management ◽  
State Government ◽  
Local Governments ◽  
Management Accounting ◽  
The State ◽  
Institutional Pressures ◽  
Content Type ◽  
The Public ◽  
Reporting Practices ◽  
Environmental Management Accounting

Purpose Because of the heightened environmental awareness of the public, local governments (LGs) are being pressured to improve on the extent and quality of environmental disclosures (EDs) provided in an array of reporting media. The lack of an accounting tool to identify, measure and report EDs has propelled the infusion of environmental management accounting (EMA) to support the reporting practices. This paper aims to examine the institutional pressures influencing EMA adoption by Malaysian LGs. Design/methodology/approach Using the consensus approach, a self-administered questionnaire survey is conducted on accountants in LGs in Peninsular Malaysia. The items in the questionnaire are based on the findings of prior studies on EMA adoption. Findings The results suggest that coercive isomorphism from the state government is perceived to be the influential institutional factor placing intense pressures on LGs to adopt EMA. Research limitations/implications The results solidify the potential role of the state government in any public policy changes which could further stimulate and promote the adoption of EMA. Originality/value Insufficient empirical evidence on the adoption of EMA in LGs within a developing country’s perspective contributes to a limited understanding on the development of environmental-related practices in different economic stages and environment as well as within the public sector’s perspective.

Beyond Bias: Critical Analysis and Layered Reading of Mao-Era Sources

2021 ◽  
Vol 29 (4) ◽  
pp. 759-782
Author(s):  
Sigrid Schmalzer
Keyword(s):  
Gold Standard ◽  
Critical Analysis ◽  
Source Material ◽  
The State ◽  
The Self ◽  
Wide Range ◽  
Layered Approach ◽  
Flea Markets ◽  
Mao Era

Abstract Scholars of Mao-era history adopt a wide range of approaches to the selection and treatment of source material. Some scholars regard published sources as propaganda, and therefore as biased and unreliable. For many, archival sources are the gold standard; others question the reliability even of the archive and favor materials that escaped the filtering fingers of the state to be found in flea markets or garbage piles. Avoiding the false choice of either accepting sources as received wisdom or dismissing them as biased, the author argues that how scholars read their sources is more important than which they keep and which they throw away. She advocates for a layered approach that accounts for contexts of production and circulation, and further emphasizes the need to make this process of reading sources visible in our writing. A critical, layered reading of three unlikely sources demonstrates the myriad possibilities for analysis that combines the empirical, the discursive, and the self-reflexive.

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