Suchergebnisse

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.

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.