Сравнительный анализ наиболее популярных моделей местного самоуправления

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The Federal Republic of Germany

Strong loyalty to tradition and traditional values is one of the fundamental characteristics of the German administrative system, which is characterized by the following features: 1) the existence of the federation, ie. Federal Planning; 2) territoriality administrative system (not its functionality); 3) the specific value the rule of law; and 4) an extremely high value attributed to local self-government. (Laux, 1995: 229) Also, what is very important to emphasize at this point, is the fact that the organization of the Federal Republic of Germany has experienced a number of reforms (some authors from the early nineteenth century to the twentieth century, there were 11 major reforms, for which it was more than 40 important reform undertakings), which, of course, had its impact on the position, competencies and attributes of local government. Specifically, these changes have affected that substantially reduced the number of municipalities, and this decrease was the highest percentages, result of a great acceptance of the so-called. “New management model” and a significant increase in costs for social welfare state.

Every reform is undertaken in order to achieve certain goals and correct shortcomings observed in the functioning of a particular system, and such change in Germany organized by the authorities had basic orientation to increase cost-effectiveness, the implementation of market economy and laws of the market in all segments of the society, where this is possible, as well as the precise separation of politics from administration, ie. delineation of the functions of decision making and execution functions. It is obvious that the creators of these reforms have had in mind the application of methods of economic management and planning towards the objectives set.

Germany local government is an institution that guarantees the highest general legal act, ie. Basic Law of the Federal Republic of Germany (Article 28, paragraph 1 and 2). On the Name, the provisions of this Article, the activities of the local community, within the law governing cities and municipalities. For this developed European country, it is characteristic that in it there is the territorial decentralization and that can be classified as major countries, both in terms of population, and by the area it covers. The above mentioned Constitution (Basic Law) of 1949, Germany is organized as a federal state with a governmental structure on two levels, namely: federal and provincial (terrestrial) level. As part (constituent) parts of these countries, which make up the Federal Republic of Germany, municipalities and counties have a vital role in the functioning of local government, given that competence rather clearly and precisely divided between the federal and earthly levels. This is especially true for local governments, because at the highest level creating legislation and policies, while at the lower level to implement them in practice. Local governments in Germany enjoys a large degree of autonomy, so that in this country has not implemented decentralization like other European countries.

What is characteristic for the organization of government in Germany, is the fact that even after reintegration of the 5 provinces (states) of the former GDR, remained in force Constitution of the Federal Republic of Germany from 1949 to the current 16 federal units (the Länder) are almost complete freedom (autonomy) in the organization and regulation of local government. This allows the provinces to independently regulate the functioning of local self-government and set basic (most importantly) the institutional parameters for its functioning. However, it is important to point out one important feature of the German local government, which consists in the fact that even though there are big differences in the surface of the territory covered and the population in some federal units, there are no essential differences in the territorial organization of the German local government. On the contrary, there are great similarities in the organization of the local population of these countries, so that many authors find that for local governments of all 16 countries that make up the German federation, the characteristic uniformity and in quite a high level.

The Federal Republic of Germany is today, its local self-government organized as a two-step. The first level of local government consists of municipalities (Gemeinden), as the basic unit, while the second stage consists of terrestrial districts (Landkreise) and district towns (Kreisfreie Cities). After the fall of the Berlin Wall and the unification of the two Germanys, the area of this major European states, there are 13,400 municipalities, which are located in the system 343 Land district, at Com should be noted that, on average, a district in its composition has about 30 municipalities and has between 150,000 and 200,000 inhabitants. (Wallmann et al., 2006: 11-39) A significant feature of the German local government, is the existence of 117 major cities, carrying out tasks under the responsibility of municipalities and districts, so that they are much closer to the provinces (countries) and are under the direct supervision of its authorities. Due to limited space in the paper, especially due to the major themes to which he devoted, in this paper we will not longer dwell analyzing certain deviations from the German two-tier structure of local government, referring to the three city-states (Berlin, Hamburg and Bremen) in which the local government is organized as a single stage. Also, a very important feature of these governments is the fact that the German federal units, which are composed of more than 20 districts and district towns, formed their own regional administrative units (Regierungsbezirk). Through these regional units earthly authority supervising the implementation of local government, although there is a tendency that this kind of supervision revoked and that these units are converted into units that would serve local self-government.

In addition, Article 28 of the Basic Law of the Federal Republic of Germany, it is anticipated that the scope of self-management activities, performed by municipalities and counties, to be arranged by the method of general clause, according to the constitutional tradition of the nineteenth century, although local governments have the right to independently determine the internal organization. Excluding the possibility of influencing the federal and provincial authorities to the activities of local government, the result is exactly above the rights of local units, which represents a fundamental feature of local government. Also, a significant feature of the German local government, in which it stands out from the other (together with the Austrian local government), are called. duality of functions, whereby municipalities and districts, in addition to their own affairs, conduct and duties transferred from the state level. In fact, about the importance of local government and the role it has today in the Federal Republic of Germany, there is a data that around ¾ of federal and terrestrial legislation achieved at the local level. Such a high percentage achieving tasks at higher levels to the lowest level, resulting in the fact that the German local government the most developed and that plays a more important role in relation to local governments of other European countries. Also, for the Federal Republic of Germany can be said that it is located at the top of European countries that conducted direct local democracy, so there was no need for public sector reform, which was conducted eighties. However, the nineties of the last century, under the influence of New Public Management, accepted the new doctrine of public management, which has spurred the creation of the German version of this management, ie. Tilburg new management model. (Banner, 2006: 126-127)

Based on the above it can be concluded that the state structure of the Federal Republic of Germany has three levels, and the third (most important) level is, indeed, local government authorities, which are, at the same time, the foundation stone on which is based the state itself. This is because, as we have mentioned previously, most of the laws implemented by local authorities, and to facilitate the realization of the most direct contact with citizens. Considering that the achievement of these direct contacts “fraught” with the emergence of numerous conflicts, the Basic Law of the Federal Republic of Germany in 1949, its provisions guaranteeing institution of local government. This institution is important, first of all, because while editing the affairs of local communities need to enable municipalities to, as far as possible, meet the local needs and requirements of citizens.

It is obvious that the local government in the Federal Republic of Germany has many positive features, but also certain disadvantages and limitations. However, the principle of local self-government in this country is, as before, and today, remained in the application and is extremely important for building self-management system, whose implementation regularly look after administrative and constitutional courts. So, first of all, municipalities is guaranteed to them, in any event, can not take away jobs that belong to the “local jobs”, so in the event of interference with the exercise of certain tasks, the legislator has an obligation to justify it and to present adequate reasons, which can prove that such action is necessary. This has certainly contributed to the well-known territorial reform of municipalities, which was carried out in West Germany in the middle of the second half of the twentieth century. The aim of this reform was to edit the municipalities and districts, but so that the minimum administrative authorities provide both small municipalities, which resulted in a substantial reduction in independent municipality, by almost 2/3, ie. from 24,000 to 8,500. Also, there was a reduction in the number of free cities 135 to 91, then the number of districts from 425 to 236 and the number of municipalities that belong to a district with 24,300 in 8400. Local government reform is carried out, after the unification of the two Germanys (1990) and in the provinces of the former German Democratic Republic - GDR (German, Deutsche Demokratische Republik - DDR), considering that it was necessary harmonization, that is. the convergence of these two, very different, system. Namely, in East Germany (GDR) is, when unification was more than 7,500 cities and municipalities, while in western Germany the number was much smaller. After the reforms carried out after unification in the new Länder in the former East Germany (there were 5), the number of these municipalities was reduced, but not to such an extent as is the case with the districts. The number of municipalities is now about $ 6,000 in the provinces, while the number of districts was reduced from 191 to 92 and the number of free cities in 24. (Damjanovic, 2002: 20-22)

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