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.

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 forms of the state order depend on legal independence/dependence of the organizational parts that make up a state, and on the legal relationships established among them. These relationships are either centralized or decentralized. It is characteristic of the state that it has central authority extending over the entire national territory. The decisions made by this authority are obligatory and binding for all population. It is particularly characteristic of the state that through its branched organization, also non-centralized authorities are established. They extend over organizationally restricted area and their decisions are not obligatory and binding for all their residents, but only for the inhabitants of a narrower community. Of course, here is the issue of the content and scope of the non-centralized units, which is the research subject in this paper. Adapted from the source document.

Geographers play an important role in the announced & expected reform of the political & institutional system by introducing a second tier of local self-government. Their role is not only associated with preparing an appropriate subdivision of Slovenia into functionally closed areas, but also, considering contemporary social causal links between forming the regions & regional development, the effects of the polycentric settlement network layout & the decentralization of public institutions. The paper derives from an assumption that decentralization of institutions plays an important role in overcoming regional disparities. Together with appropriate organization, decentralization of institutions allows more efficient utilization of development potential. In contemporary development policy, institutions are a decisive instrument. In addition to technical innovations & a creative environment, institutions stand out as an impulse & central support point, for harmonious social development. This paper is clearly of a theoretical nature. It deals with the role, effects & consequences of the decentralization of institutions as an instrument for balanced sustainable regional development. The factors, which have an impact on the success of regionalization in a function of decentralization policy, are analyzed They are: especially formation of clear political & legal frameworks for starting the reform process, a clear indication of powerful and, if possible, interdepartmental responsible persons for management & coordination of the decentralization process, forming the concept of decentralized regionalization of Slovenia that aims at an even distribution of tasks & responsibilities such as clear forms of mutual (horizontal & vertical) coordination & mutual reciprocal inspections between different regional & state levels, an outline of state-level transfers where individual administrative & legal steps mean transfer of financial & personal competences & equipment to the participants in regional communities, & finally, measures for providing professional qualification of institutions in decentralized regional associations for taking on new tasks. Figures, 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.

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.

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.

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.

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.