Država in cerkev: selected historical and legal issues ; international conference, June 21 and 22, 2001
In: Razprave [18]19
10 Ergebnisse
Sortierung:
In: Razprave [18]19
In: Lex localis: revija za lokalno samoupravo ; journal of local self-government ; Zeitschrift für lokale Selbstverwaltung, Band 6, Heft 2, S. 245-270
ISSN: 1581-5374
The special legal nature of the concession contract (as one of the legal transactions) which represents a legal framework where the public & private interests meet (two parties cooperate for mutual benefit) is characterized by intertwining of general rules of obligation law & special legal institutes that originate from the sphere of public law. The legal nature of the contractual relationships that arise between administrative & private entities requires special regulation of individual institutes that should reflect the public interest as an important guiding principle for concluding these contracts, & a special legal position of a public law entity as a holder of this public interest. Despite adoption of the new Public-Private Partnership Act in the legislative regulation of the concession contract that still remains variously regulated in previously adopted special provisions of sectoral laws, there are still some deficiencies & dilemmas that are more or less effectively dealt with in the contractual practice. For the legal positions that are classically civil at first sight, the legislator or court practice have laid down special modified rules of civil law in most developed countries. In the course of time, these rules became part of public law/administrative law. Thus, the French legal order has best developed the rules of the public contractual law & the legal institute of the administrative contract that the Slovenian administrative theoreticians try more & more to introduce also into our legal order. References. Adapted from the source document.
In: Internasjonal politikk, Band 66, Heft 4, S. 563-590
ISSN: 0020-577X
In: Internasjonal politikk, Band 64, Heft 4, S. 553-564
ISSN: 0020-577X
In: Lex localis: revija za lokalno samoupravo ; journal of local self-government ; Zeitschrift für lokale Selbstverwaltung, Band 6, Heft 1, S. 71-86
ISSN: 1581-5374
The Law Amending the General Administrative Procedure Act refers to a variety of provisions. New solutions should contribute to a more rapid, more efficient and more cost-effective procedure. Primarily due to elimination of the inconsistent use of individual provisions in practice, the amending law regulates more definitely the issues of authorizing the persons to manage and make decisions at different decision-making levels in administrative procedures in municipalities. The law also develops electronic operations and it especially amends the electronic service provisions. There is a fairly large number of amendments in the Service Chapter. And an important novelty needs to be emphasized. This is the institute of the waiver of the right to appeal which the General Administrative Procedure Act did not know. However, it is well-known in foreign legal regulations and in the Construction Act adopted in our country. Adapted from the source document.
In: Internasjonal politikk, Band 66, Heft 1, S. 7-34
ISSN: 0020-577X
In: Lex localis: revija za lokalno samoupravo ; journal of local self-government ; Zeitschrift für lokale Selbstverwaltung, Band 6, Heft 4, S. 475-488
ISSN: 1581-5374
After explaining the difference between the notions of self-government & local autonomy, the applicability of both to the description of the political-administrative status of the Slovene city of Ljubljana in the 19th-century Austrian Empire is examined. The Austrian March Constitution of 1849, its abolishment by the emperor Franz Joseph in 1851, the municipalities law of 1849 & 1862, & December Constitution of 1867 are some of the legal acts examined in the outline of the chronology of the self-government & autonomy of Ljubljana as a provincial capital in the Austrian Empire. The powers & prerogatives contained in the city's municipal statues are discussed, considering the relationship & power sharing between the state & municipalities in the Austrian Empire & the Austria-Hungary dual monarchy. The study of the Ljubljana archive sources concludes that prior to 1895, the city's municipal council powers to issue normative legislation were limited, & an increased norm-giving activity resulted only from the need to rebuild the city after the 1895 earthquake. The council's municipal autonomy was largely responsible for regulating all reconstruction activities, including the organization & modernization of transport, electrification, & other infrastructure. Adapted from the source document.