Pregledni rad
Some Issues of Decentralization in Slovenia
Gorazd Trpin
; Pravni fakultet Sveučilišta u Ljubljani, Ljubljana Slovenija
Božo Grafenauer
; Pravni fakultet Sveučilišta u Mariboru, Maribor, Slovenija
Sažetak
To organize public administration, primarily state administration
and local self-government, actually means to find a right combination
between thè idea o f administrative centralization and decentralization. In this respect, one o f the most important issues o f the functioning
and organization o f every state today is to create certain balance.
At this moment, there is a debate in Slovenia on the amendments to
the Constitution which should, among others, change the present
specific constitutional solutions in the field o f local self-government.
Namely, the Constitution o f the Republic o f Slovenia sets forth a
rather sharp division between thè state power and local self-government, since it provides that within a commune, in principle, only
self-government tasks may be performed, while thè state tasks may
be delegated to it only if the commune agréés with it. And for larger
self-government units (régions), according to the present constitutional
régulation, it is characteristic that the forms o f intégration provided
by the Constitution are voluntary and not “prescribed" because they
are established on the basis o f the decision, that is, agreement o f the
communes on intégration into régions, and then thè state in agreement
with them delegates to them certain activities from thè state
jurisdiction. The present formulation in the Constitution actually
means the establishment o f the central concept, that is, model in
Slovenia, so that the double level o f local self-government which is a
standard in Europe is almost impossible to achieve - and this is the
reason why such units (régions) hâve not been established y et.
Within the framework o f the reform o f public administration in
Slovenia, there is a project o f territorialization o f state administration
which is closely connected with the issue o f introducing régions as a
new structural part ofthe administrative System, and above ail with
the issues o f the relationship towards the state administrative System which functions at the local level. In this respect, there are two possible
solutions: either the complete process o f administration at the local
level is carried out simultaneously in both parts of the System (the
“double-track” System; the System o f the “double administrative
track”), or the process at this level is carried out only through municipal and regional administrative structures (the “single-track”System).
In our opinion (in circumstances when the establishment of regions
is uncertain and when there is no stable net o f communes, so that the
state System does not have at its disposal a reliable structure through
which it could efficiently perform its functions), for the time being,
further development o f the territorial function o f the state can be
only “double-track”.
In 1999, a special kind o f regionalization occurred in Slovenia by
adopting the Law on stimulating harmonious regional development
under which statistical regions (12 regions) present the basis for
performing regional structural policy. It is particularly important
for Slovenia to establish institutions and adivate all necessary
instruments for the préparation o f appropriate projects and thus
obtain pre-admission fin an cial support from the funds o f the
European Union. It can be concluded that there is a great develop
mental discrepancy among particular statistical régions - therefore
the law can achieve its aim only if for regional developmental
programs adequate "special” resources are ensured as well.
Ključne riječi
Slovenia; Constitution; local self-government; decentralization; regionalization
Hrčak ID:
197648
URI
Datum izdavanja:
9.4.2002.
Posjeta: 1.178 *