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Review article

MAIN PROPOSALS WITH REGARD TO THE NEW REGULATION OF THE STATUS OF LOCAL CIVIL SERVANTS IN CROATIA

Ivan Koprić ; Faculty of Law, University of Zagreb
Gordana Marčetić ; Faculty of Law, University of Zagreb
Helena Masarić ; head of the office of city Opatija
Dragan Medvedović ; Faculty of Lay, University of Zagreb


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Abstract

Central government and administration in Croatia showed almost no interest in thè position and quality of civil servants in local self-governing units during the 1990’s. Legislative régulation of the status o f local civil servants did not even satisfy the minimum requirements with respect to certainty, détermination and equality, A ll o f this resulted in deep and destructive politization, development o f the authoritarian administrative culture and decrease ofthe level of professionalism and compétence o f local self-government service,
After a decade of etatization, politization and centralization, and after
the Constitutional Amendments o f2000, efforts hâve been made to change the direction o f the processes. The Amendments to the Constitution hâve regulated, among others, strengthening of the position of the local and regional government by the process of decentralization. One ofthe important preconditions for successful decentralization is the forming o f competent, professional, depoliticized and motivated local administration. However, with respect to local civil servants, despite certain legislative interventions, the legislative disorderhas continued, During the actual process of decentralization, deficiencies in the legislative régulation of the status o f local civil servants will become more and more apparent. Besides, the lack ofthe capacity of local administrative organs, inherited from the previous period, will become more and more criticai as a conséquence, among others, o f such legislative disorder. Therefore, it is proposed that the central government and administration should take more initiative in the development of the personnel component o f the local self-govemment, as well as systematic long-term care about the status and quality of local administrative personnel. Arguments for the proposais for new legislative régulation with respect to a number of criticai issues concerning the legal status of local employées are given. The proposais concern thè subject, scope, type and System o f régulation, its compatibility with the régulation o f the status of state civil servants, criteria for the flexibility of the employment relationship, depoliticalization and professionalization o f local self-government service, admission to this service, the classification and payment Systems as well as the System of promotion, disciplinary and material responsihility of local civil servants, judicial control o f personnel decisions, equality o f genders as well as the record keeping and supervision o f the implémentation of laws

Keywords

local self-government - Croatia; decentralization; local civil servants; local self-govemment service; civil servants law

Hrčak ID:

197495

URI

https://hrcak.srce.hr/197495

Publication date:

15.6.2001.

Article data in other languages: croatian

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