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 relationship between politicians and civil servants is ambiguous and potentially problematic in democratic terms. The aim of the thesis is to examine this relationship in the Swedish core executive, Regeringskansliet. More specifically, the analysis emphasises the respective role expectations of the two groups when interacting with each other. The thesis is based on two extensive qualitative interview studies with politicians and senior civil servants, one carried out in the early 1980's and one undertaken more recently. Hence it also offers an opportunity to analyse whether these expectations have changed or remained stable during the last decades. The findings reveal that the role expectations of politicians and civil servants to a high extent correspond, and have remained relatively stable over time. The relationship between politicians and civil servants is based on norms such as (conditional) trust, delegation and yet relatively close interaction. If so, politicians are unloaded by the civil service in order to handle their external responsibilities. Although relatively informal, a passive hierarchy of roles ensures the superiority of politicians and more specifically of the minister. Civil servants adapt to roles taken by politicians, although providing guidance to the politicians on how to behave in office. The division of labour is not based on the different tasks performed in the policy-making process. Instead, politicians assume responsibility for all actions and decisions – also those undertaken by the civil servants – within the ministries, while civil servants offer politicians protection and security. Taken together these results indicate that the institutionalised norms that surround the relationship between politicians and civil servants are highly powerful. Nevertheless, the thesis also reveals tendencies towards a departure from these norms, suggesting that this relationship is to some extent fragile and exposed to various attempts at reform.

POVZETEK Prvi del magistrske naloge zajema razlago ustavnih ureditev treh držav, Združenih držav Amerike, Francije in Slovenije, ter instrumente in institucije, podobne slovenski interpelaciji. Ustavne ureditve so vključene zaradi razumevanja razmerja med parlamentom in vlado, saj to igra ključno vlogo pri sprožitvi procesa interpelacije ter pri postavljanju poslanskih vprašanj. Interpelacija po slovenski ureditvi pomeni formalno vloženo pisno vprašanje skupine deset ali več poslancev z namenom, da bi odstavili bodisi ministra ali vlado. Interpelacija je orodje opozicije, da izpostavi trenutno oblast in jo postavi v položaj, kjer se mora javno zagovarjati. V ta kontekst so postavljeni primeri interpelacije v Sloveniji, ker so primer dejanskega nadzora parlamenta nad delovanjem vlade. Interpelacij se je v naši 26 let stari državi zgodilo kar nekaj, za magistrsko delo smo izbrali obdobje devete vlade Republike Slovenije, ki jo je vodil Borut Pahor. V času od novembra 2008 do februarja 2012 so se zgodile štiri interpelacije, ki so dober primer tega, kako je delovalo določeno ministrstvo v tistem obdobju, kakšen je bil sproten pritisk parlamenta na vlado in stališče opozicije do takratne oblasti. Z najprej opisanim razmerjem med parlamentom in vlado ter s primerjavo z drugimi državami smo pojasnili razmerje v slovenski ureditvi, nato pa s primeri interpelacije prikazali, kako to razmerje deluje v praksi. ; ABSTRACT The first part of the thesis consists of the overview of constitutional orders from three states: United States of America, France and Slovenia with the instruments and institutions similar to Slovenian interpellation. Constitutional orders are included because of the easier understanding of relationship between the Parliament and Government, which is crucial for the initiation of the interpellation process and for asking the parliamentary questions. Under the Slovenian constitution interpellation means a formal written question handed in by a group of ten or more members of the parliament with the intent to remove the minister or the government from its position. Interpellation is the instrument of the opposition, to call the coalition in question. In this context we have included the actual cases of interpellation in Slovenia, because they represent the control of Parliament above the work of Government. In our 26 years old country, there has been a significant number of interpellations, and the selected period is the ninth Government of Republic of Slovenia, which was under a leadership of Borut Pahor. In this precise time, from November 2008 to February 2012, four interpellations were processed, which show a good example of how a specific Ministry worked at the time, and what was the consistent pressure of Parliament on the Government, and the position of opposition towards the leadership at that time. With firstly described correlation between Parliament and Government and with the comparison with other countries, we have explained a relationship in Slovenian constitutional order, and afterwards I have presented how this relationship practically works with the cases of interpellations.

Many natural resources have degraded and collapsed despite being managed under rigorous institutional frameworks set up to ensure rational exploitation. Path dependency of dysfunction institutions has been suggested as an explanation for such undesired outcomes. We explore the role of path dependency in natural resource management by studying a 100-year evolution of Swedish fisheries. We rely on three main types of original longitudinal data collected for the period 1914–2016: (A) policy documents, (B) government spending on management and subsidies, and (C) catch and fleet data. Our analysis contrasts the periods before and after the Swedish entrance into the European Union (1995) because this marks the year when fisheries policy became beyond the direct influence of the Swedish government. We uncover four pieces of evidence suggesting the existence of a path dependent dynamic in the pre-EU period: (1) despite increasing insights on the vulnerability of fish stocks to overexploitation, national policy goals in relation to fisheries continuously promoted incompatible goals of social and economic growth but without any reference to the sustainability of the biological resources; (2) the same policy instruments were used over long periods; (3) actor constellations within the fisheries policy subsystem were stable over time; (4) neither political regime nor macroeconomic variables and fisheries performance (industry production, oil price, landing values) could explain observed temporal variation in subsidies. We conclude that key policy actors in the pre-EU period formed an "iron triangle" and thereby prevented necessary policy changes. These national reinforcing feedbacks have been weakened since EU entrance, and the indicators for path dependency show broader involvement of stakeholders, a shift in spending, and policy goals that now explicitly address ecological sustainability.

The ways of organizing political problem solving in society are not static. A pluralistic dynamic society requires a continious reconsideration and adaption of its political in­stitutions, i.e. political institutionalization. Institutiona­lization demands prior organizing activities among actors for political aims. Organizing activities can be seen both inter­nally, externally or between existing organisations and in­stitutions . The degree of institutionalization reflects the organizing activities' survival capacity. The higher the degree of in­stitutionalization the more likely it is that the organizing activity will become a formally based organisation or institu­tion, or will change the dominating values of organisations or institutions. The degree of institutionalization is discussed using the concepts of adaptability, complexity, autonomy and flexibility. The thesis represents a problem-oriented implementation approach where individuals' joint ways of organizing problem- solving are the basis for analysis of both policy-realization and political institutionalization. Policy is defined as ideas and the ways of creating institutional arrangements in order to realize them. A "policy-problem", defined as the empirical question answered by examining the process of institutionali­zation, is used to study the policy-processes in the field of occupational safety and health. The ways in which individuals collectively organize in order to create a good working environment are studied using the concept of implementation structures. These are defined as phenomenological administrative units of analysis, i.e. groups of individuals empirically judged to take part in solving the policy problem. ; digitalisering@umu

The need for legal regulation of essential local community relations derives from the nature of these relations, because vital conditions for life & work are regulated in a local community. In a locally conditioned form of association of people, the relative stability & predictability of relationships, which present a potential conflict of interest, can be achieved through the legal institutionalization of citizens' communication. The necessity for rationalizing the legal regulation of social relations has been emphasized lately. These trends need to be followed also in legal defining of regions. A detailed normative definition & over-organization of local self-government & performing governmental functions represent an obstacle to the implementation of authentic interests of local residents. The very satisfaction of the common needs & interests of the population in the future region represents a functional element in the legal image of the regional self-government. This image includes also territorial & organizational components. From this point of view, it is necessary to very carefully analyze the new Article 143 of the Constitution of the Republic of Slovenia that allows starting establishing regions as a second level of local self-government. In adopting acts that define system frameworks of regions, particular attention needs to be paid to the process of forming regions, to their financing & to delegating some tasks from the state competence to regions. References. Adapted from the source document.

The prescribed procedure for entering into a public-private partnership, which is the research subject in this paper, is extremely complex & long-lasting because in addition to the umbrella Public-Private Partnership Act, the public partner must observe also the regulations governing the commercial public services, public procurement, public finance & disposal of the physical assets of the state, regions & municipalities. Due to a great number of regulations that need to be observed upon entering into a public-private partnership, in a given case, the public partner has to judge whether or not it is more economical & appropriate to carry out his intention to finance investments in infrastructure or to carry out public service activities in a different manner either by granting an architectural right or by selling physical assets, or by public procurement & not by entering into a public-private partnership. 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.

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.

Two main arguments are presented in this article. First, when alternatives for the future of local government is debated, two questions need to be addressed simultaneously: (a) "how many & how big municipalities ought we have?", & (b) "how strong & well secured ought the principle of local self government be in the constitution?". Second, by using these questions as guides for the analysis, we argue that there are instrumental reasons to guarantee a strong local self-government in the constitution. However, such a reform needs to be complemented by a politically neutral body of regulations that, under given conditions, secures geographically concentrated minorities a right to secede. Adapted from the source document.