Suchergebnisse

Magistrska naloga obravnava in analizira odnose med županom kot najvišjim političnim funkcionarjem in direktorjem občinske uprave kot najvišjim javnim uslužbencem. V prvem delu sta predstavljeni zgodovina lokalne samouprave v Sloveniji in Ustava Republike Slovenije, ki je najvišji splošni pravni akt in lokalni samoupravi posveča svoje poglavje. Načela, ki vodijo lokalno samoupravo in so pomembna za uspešno delovanje in razvoj lokalne samouprave, so načelo avtonomije, načelo subsidiarnosti in načelo regionalizacije. Slovenske občine se vedno bolj vključujejo v skupne občinske uprave za opravljanje posameznih nalog, saj so občinske uprave v manjših občinah kadrovsko nedohranjene. Prav tako se občine vključujejo v združenja občin, saj lahko na ta način bolje zagotavljajo svoj skupni interes na področju lokalne samouprave. Občine med seboj sodelujejo tudi na podlagi sporazumov o pobratenju, ki ima pozitivne učinke na lokalno samoupravo in lokalno okolje, saj gre za stik z mednarodnimi partnerji, izmenjavo izkušenj in pridobitev različnih novih znanj. V nadaljevanju naloge so predstavljene ravni lokalne samouprave v sosednjih državah Republiki Hrvaški in Republiki Avstriji. V drugem, raziskovalnem delu naloge je prikazana primerjava lokalnih skupnosti v dveh izbranih evropskih državah. Na podlagi intervjujev je bila izvedena primerjava odnosov med oblastjo v lokalni samoupravi in politiko. V intervjujih so sodelovali župani in direktorji občinskih uprav manjših slovenskih, hrvaških in avstrijskih občin. V nalogi so predstavljena tudi mnenja županov in direktorjev občinskih uprav o njihovih odnosih v občinah. ; This research work discusses and analyses the relationship between the mayor, as the highest political official and the director of municipal administration as senior civil servant. The first section presents the history of local government in Slovenia and the Constitution of the Republic of Slovenia, which is the highest general legal act and the local government has its own chapter in the Constitution. Principles that lead local government and are important for a successful operation and development of local self-government is the principle of autonomy, the principle of subsidiarity and the principle of regionalization. Slovenian municipalities are increasingly involved in Joint Municipal Administration to perform specific tasks, as the municipal administration in small municipalities are understaffed. In addition, the municipalities integrate themselves in the Association of Municipalities to ensure their common interests better in the field of local self-government. Municipalities cooperate with each other based on agreements of town, which has a positive impact on local government and the local environment, because of the contact with international partners, exchange of experience and the acquisition of various new skills. In the following part of the work levels of local government in the neighbouring countries, the Republic of Croatia and the Republic of Austria are presented. The second part of the research work, a comparison of local communities in the two selected European countries, is presented. A comparison was made about relations between the authorities and the local government policy based on interviews. In the interviews, the mayors and directors of municipal administrations of small Slovenian, Croatian and Austrian municipalities participated. The thesis also shows the opinions of mayors and the directors of municipal administrations of their relations in the municipalities.

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.

Through the public procurement rules, protection of competition, equality of choice & transparency of the procedure in relationships between the public & private sectors are provided, to the greatest extent possible, in the EU rules. All the contractual relationships between the public & private sectors cannot be subject to strict & formal rules on public procurement primarily due to the special nature of business operations, complexity & duration of the relationships. Concessions or public-private partnerships of a concessionary nature are excluded from the legal regime that applies to public procurement. This paper analyses the contractual relationships of the concessionary nature & the EU efforts for ensuring a certain degree of equal treatment of private partners entering into public-private partnerships. Adapted from the source document.

The concept of "hidden payout of profit" is characteristic for tax law, but inappropriate for corporate law, although it became deep-rooted in this field by practice. Within the context of corporate law it is not only about the problem of profit payouts, but also about the protection of the so-called tied up assets of a capital company within the so-called principle of capital preservation. The purpose of the corporate legislation is to prevent inadmissible interferences of shareholders or associates in the company's assets. Unlike corporate law, the purpose of tax law is to protect (fiscal) interests of the state, primarily to protect the tax base of the company as an independent and only subject to taxation, therefore the payouts of profit don't have an effect on the amount of the tax base, irrespective of whether the company pays out the profit in an open or hidden way. Hidden payouts of profit - as the open ones - do not reduce the tax base for income. The subject of the discussion are both aspects - the corporate aspect of hidden transfers of assets and the tax aspects of hidden transfers of assets within the law of joint-stock companies and limited liability companies.

When national authorities decide what activities will be needed to provide public goods & to what extent, they must also make a decision on the modes of allocation & distribution of public goods (which are the objects of public service provision) among users. In the practice of the EU Member States, a variety of diverse public service provision systems can be found. They vary between the public sector & the market, & they include numerous & highly diverse organizational forms of public service provision. A public enterprise is one of them. In the Slovenian legal regulation, a variety of problems arise due to the deficiencies in the existing public enterprise organization. These problems mostly result from some public enterprise status issues regulated under private law. The biggest problem of statutory regulation of the public enterprise status in Slovenia is certainly the absence of a special organizational model of the public enterprise. Adapted from the source document.

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.

After explaining the relationship between the executive, legislative, & judicial branches of government in the parliamentary system of the Republic of Estonia, the election, duties, responsibilities, & prerogatives of the office of president in this country are described. The Estonian constitutional law allows for up to five rounds of presidential election. The president of the Republic is elected by the parliament in the first three rounds of elections. If no candidate receives a majority of votes, a special electoral body, consisting of members of parliament & local government representatives, is formed to elect the president in the fourth, & if needed, fifth round. The Estonian president is elected for a five-year term, but no more than two consecutive terms. In exceptional circumstances, the term of the office of president can be longer or shorter than five years. The representative, executive, legislative (eg, the veto power), & commander-in-chief duties of the Estonian president are described, & scenarios for president recall/impeachment are outlined. Adapted from the source document.

Among the tasks performed by the Slovenian municipalities to meet the needs of individual residents there is also the provision of local public services. A municipality provides the performance of the public services determined by the municipality itself, & the performance of the public services established by law (local public services). The legal foundations for the regulation & operation of public utility services are given primarily in the Local Self-Government Act & in the Public Utilities Act, as well as in sector-specific laws for individual services. The overview of public utility services & the modes of their performance in two urban municipalities indicate that in Slovenian municipalities, public utility services are performed primarily in two ways: in public enterprises & by awarding a public service concession. Adapted from the source document.

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.

The regionalization of Slovenia implies that it is about a demanding professional & political project, which is expected to be completed in 2008 by establishing the regions. The beginning of their functioning is planned as from 1 January 2009. In order to provide this process, some constitutional amendments were introduced in 2006 The regional legislation with its associated implementing regulations should implement them. The bills on regions, their financing, regional elections & establishment of regions (these bills are already being discussed in the National Assembly of the Republic of Slovenia) are a touchstone for introduction of regions & for a successful beginning of their functioning. There is a variety of challenges & dilemmas regarding regional competences & the number of regions, own tax resources, regional authority organization & other issues. Very few international standards & good local & regional self-government principles are adhered to in Slovenia. For this reason, some criticism has come from the Council of Europe & the European Union. Although regionalization is an internal matter of the states concerned, the European principles regarding the objectives of regionalization, division & sharing of powers between levels of government, the scope of regional self-government, sharing of tax revenues & public finance, the connection between the regionalization processes & European & world processes, etc. cannot be avoided. References. Adapted from the source document.

Po načelu samoodločbe imajo ljudstva pravico do suverenosti, ki je razdeljena na notranjo in zunanjo samoodločbo. Notranja samoodločba se kaže v pravici do kulturnega, socialnega in ekonomskega razvoja, medtem ko se zunanja najbolj kaže v pravici do oblikovanja svoje države in do nastopanja v mednarodnopravnem prostoru kot suveren subjekt. Teorijo je v mednarodnih dokumentih po koncu druge svetovne vojne začela razvijati OZN, ki je notranjo samoodločbo priznala vsem ljudstvom, medtem ko je zunanjo omejila na kolonialna ljudstva in pri njihovi definiciji ubrala zelo ozko razlago. Druga polovica 20. stoletja je posledično prinesla nastanek ogromnega števila novih držav, zlasti na afriškem in azijskem kontinentu. Več ali manj se vse centralne vlade soočajo z obstojem skupine ali skupin ljudi, ki imajo drugačne kulturne, jezikovne in socialne značilnosti. Pristop vsake centralne vlade do teh skupin ljudi je različen, vendar je v zadnjih stotih letih možno opaziti, da imajo več posluha za njihove potrebe in priznavanja različnih oblik samoupravljanja. Centralne vlade z njimi sprejemajo mednarodne sporazume, ki se zapišejo v ustavo. Teorija pozna dva različna modela, ki skušata pojasniti sanacijsko pravico do samoodločbe, to je zunajpravne pravice do odcepitve, ki naj bi popravila nepravično stanje. Naloga vzame pod drobnogled sanacijsko pravico do odcepitve avtorja Allena Buchanana. Buchanan namreč priznava pravico ljudstvom, ki so grobo zatirani s strani države, odcepitev pa bi predstavljala sanacijo. Katalonija je že več stoletij del Kraljevine Španije. Po španski ustavi ima status avtonomne regije, na podlagi katere ima določene specifične pravice. Kataloncem je po mednarodnem pravu skoraj nemogoče priznati pravico do zunanje samoodločbe, čemur tudi ni naklonjena španska ustava. Nemiri v zadnjem desetletju nakazujejo, da v Španiji nekaj ni v redu, zato je treba morebitno rešitev poiskati v teorijah, kot je sanacijska pravica do samoodločbe. ; According to the principle of self-determination, peoples have the right to sovereignty, which is divided into internal and external self-determination. Internal self-determination is manifested in the right to cultural, social and economic development, while external self- determination is most evident in the right to form one's country and to act as a sovereign entity in the international legal space. The theory was developed in international documents after the end of World War II by the UN, which recognized internal self-determination for all peoples while restricting external ones to colonial peoples and defining a very narrow interpretation in their definition. The second half of the 20th century, in turn, brought about the emergence of a huge number of new countries, especially in the African and Asian continents. More or less all central governments are confronted with the existence of a group or groups of people with different cultural, linguistic and social characteristics. The approach of each central government to these groups of people is different, but over the last hundred years, it can be observed that they have more of an ear for their needs and for recognizing different forms of self-government. Central governments sign international agreements with them and adopt them into constitution. Theory knows two different constructs that seek to explain the remedial right to self-determination, that is, the unlawful right to secession, which is to remedy an unjust state. The task under scrutiny takes the remedial right to secede Allen Buchanan. Buchanan recognizes the right of people who are severely oppressed by the state, and secession would mean a remedial action. Catalonia has been part of the Kingdom of Spain for centuries. Under the Spanish Constitution, it has the status of an autonomous region, on the basis of which it has specific rights. It is almost impossible for Catalans to recognize the right to external self-determination under international law, which is not favored by the Spanish Constitution. The unrest of the last decade suggests that something is not right in Spain, so any solution must be sought in theories such as the remedial right to self-determination.

nternational tobacco smuggling remains an important concern for governments, tobacco manufactur-ers and health experts alike. While often linked to other forms of illegal activities, it also directly impacts govern-ment tax and health policies. Knowledge of factors that contribute to illicit tobacco trade and the existence of smug-gling routes is strongly hampered by the lack of reliable data on bilateral flows of illicit tobacco. Therefore, recon-structing the trafficking routes and estimating the size of cross-border illicit flows are crucial steps for gaining bet-ter understanding of these crimes and enforcing actions aimed at countering them. This study is the first to use grav-ity estimation techniques to decompose aggregate illicit cig-arette inflows for which data are available into their bilat-eral components. Our approach is a simple and effective method that can serve as a complement to other methods of pinpointing international trafficking flows such as empty discarded pack data or network analysis to help in the fight against illicit tobacco flows. Policymakers, customs officials as well as law enforcement can employ the presented meth-ods as an additional tool in the fight against illicit trade. Keywords: bilateral illicit cigarette trade, gravity model, predictive estimation