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LOCAL SELF- GOVERNMENT IN SLOVENIA. Legal context. Slovenia is a "territorially unified and indivisible State“ (art. 4 of the Constitution). It has a bicameral parliament: a lower house: the National Assembly, 90 members, elected for a 4-year term;
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Legal context • Slovenia is a "territorially unified and indivisible State“ (art. 4 of the Constitution). • It has a bicameral parliament: • a lower house: the National Assembly, 90 members, elected for a 4-year term; • an upper house: the National Council, 40 members (including local representatives), elected for a 5-year term • Article 9 of the 1991 Constitution guarantees local self-government • It gives people the right to exercise the powers and duties that are linked to local self-government through autonomous bodies and other local authorities. • The decentralization process was initiated in 1993 by adopting a series of acts relating to municipalities (amongst others the 1993 Self-government Act) and by organizing local elections in 1994.
Municipality Basic administrative unit, having at least 5000 inhabitants Municipal Commission Monitors and controls Protects consumers Municipality Municipal Council • Deliberative power • Elected for a 4-year term (list system) • 7 to 45 members Mayor • Executive power • Elected for a 4-year term (direct vote) • Chairs the municipal council • Runs the municipality
Municipality's responsibilities General issues Law and order, police Fire fighting Protection of the citizenry Health nursery, day care Family and youth support Retirement home Social security Health protection Education • Extracurricular education • Primary education • Adult education
Urban development Housing Spatial planning Urbanism Economic services Gas Trade, industry Tourism Agriculture Urban heating system Municipality's responsibilities Environment • Water purification • Waste disposal • Consumer protection • Funeral services • Environmental protection Culture • Theatres, museums, libraries • Green spaces • Sport and leisure activities 11 municipalities have an “urban status” (mesto obcina) which is granted by parliament on the basis of socio-economic and demographic criteria.
Municipality’s staff • Four categories • Local government staff: mayor, deputy mayor and chief-executive • Senior staff: advisors to the mayor (in some cases special advisors) are appointed by the municipal council during the mayoral election, don’t have a local government staff’s special status • Administrative staff: clerks, workers and auxiliary staff are appointed by the mayor, they benefit from local government staff’s special status • technical/expert staff: experts, executive directors, etc., are appointed by the mayor.
Region 1991 Municipalities can form larger communities: province 2006 Regional level is created Act that helps to establish regions Region’s responsibilities (expected): • Economic development • Environment, energy, transport • Agriculture, forestry, food• Education, science, sport, culture • Security, cross-border cooperation, Home Affairs • Work, family, health, social security
Financial transfers • Subsidies for operating and capital spending • Monthly allocated, based on estimated budget, compulsory spending • In 1995, transfers from the central government represented 67 % of municipal budgets • Financial equalization • Municipalities that are economically unable to cover their expenditure with their own resources are entitled to additional subsidies from central government • Compulsory spending must represent 70,9 % of total expenditure • 31,6 % are issued by equalization subsidies Income tax is nationally collected and represents the main part of revenue distribution : 30%
Local taxes and loans • Local taxes • Main tax : Property Tax (23% of local revenues in 2003) • Uneven distribution: 28% of the municipalities collect more than 80 % of property tax • 15 other kinds of local taxes • Loans • For capital spending at national institutions • Musn’t represent more than 5% of the municipality’s budget • Musn’t represent more than 20% of the municipality’s revenus
Expenditure • Local authorities make free use of their revenues. The use of municipal funds is only assessed by the local authority’sScrutiny Committee and by the Audit Court at national level. • Scrutinizing Committees are specific and independent municipal bodies whose members are appointed by municipal councils among citizens who have a requested knowledge. These committees are responsible for scrutinizing the management of municipal goods and ensuring the appropriate use of budgetary funds. • The majority of local expenditure is determined at national level and makes compulsory spending. • Expenditure and revenues have been increasing for several years.
Administrative units • 58 Central government area-offices have been designed across the country: • Their heads are appointed by the Government after the related municipal councils have been consulted. • Consultative councils have been set up to guarantee co-operation between central government and the municipalities. • They inform the ministries about illegal acts or policies that are beyond municipalities’ responsibilities. • Central government can raise the matter in the Constitutional Court or an administrative tribunal.
Conclusion • Institutions are organized in a simple way: • The constitution determines the principles • Acts of parliament define local authorities’ responsibilities, funding, etc. • Municipalities have many responsibilities. • Regionalization process is underway. However it is slowed down by the large number of municipalities that divides-up the national territory and also by municipalities that are reluctant to give up their responsibilities. • Local authorities’ financial and human resources are gradually increasing.