Suchergebnisse

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.

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.

In administrative history of the last six hundred years, different factors & influences had played their role in the formation of middle-level offices. The reason was in management. By dividing provinces into quarters, the provincial estates primarily wanted to protect their property from Turkish raids in the middle of the 15th century. In the middle of the 18th century, the provincial prince or national authority established kresije (state administrative units) that were a prolonged hand of the central state administration. It was supposed to control landowners, enforcement of rules & to protect serfs. By establishing kresije, the Kromeriz Constitution wanted to solve nationality problems in multilingual provinces. The district boards, established after 1868, were also a prolonged hand of the central authority & the result of the hundred-year development of the state administration. The history of middle-level offices shows interests of some groups or individuals that were in power during a certain period of time. Unlike other European countries where these offices were relatively autonomous, they were always a prolonged hand of the central state bodies or at least they served them in the Austrian Empire. The Registry Office plan reflects their competence that comprised all the matters of the population in a certain district from personal to municipal, military, education, ecclesiastical & taxation matters, the result of which was that the population identified itself with a district or quarter or kresija (state administrative unit). The middle-level government name was also one of the reasons for population identification. Figures, References. Adapted from the source document.

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.