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Intergovernmental Relationships in Georgia. Nino Ghonghadze, Natalia Magradze, Levan Samadashvili. Georgian Institute of Public Affairs 2007. Location of Georgia. General Information on Georgia. Capital - Tbilisi Population – 4.5 mln Territory – 67.9 km 2 Language/Alphabet – Georgian
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Intergovernmental Relationships in Georgia Nino Ghonghadze, Natalia Magradze, Levan Samadashvili Georgian Institute of Public Affairs 2007
General Information on Georgia • Capital - Tbilisi • Population – 4.5 mln • Territory – 67.9 km2 • Language/Alphabet – Georgian • Democratic Republic • Brief Historical Review • First Georgian states - 10 century B.C. _ General Information First Unification of Georgian states - 10 century A.D._ Loss of Independance - 1801_ Regain of Independance - 1991 on Georgia
Local Governance in Georgia Legal, Independent body with the direct participation of citizens settles local public issues on the territory defined by law, with the instruments of public government under the oversight of the state • Georgia - Young democratic state • History of LG in Georgia starts from 1991, after the first elections • Arrangement and role of local governance is based on Roman-German legal traditions • Perception of local governance roles
Branches Legislative Executive Judiciary Local Governance (Indirect Public Governance) Place of Local Governance in the State Power of Georgia
Basic Information on LG in Georgia • Defined by Constitution and Organic Law on Local Governance • European Charter on Local Governance – join in 2004 • Number of local government bodies – now (69) and in past (1004)
Basic Information on LG in Georgia • 6 cities headed by Mayors • 63 towns headed by Gamgebelis • City Counsel members elected for four years • Employees of Mayor’s office appointed by the MayorMayors and Gamgebelis elected from City Counsels for 4 years
Oversight on Local Government • Internal oversight - On the hierarchical basis • External oversight - Financial control (by the Chamber of Control) • State oversight (legal and administrative oversight) • Harmonization of local and common state interests according to expediancy principle
Instruments of State Oversight on Local Governance • Legal Oversight • Control on voluntery and exclusive authorities (activities undertaken fully independently by LG using finances attracted on its own) • Administrative Oversight • Control on delegated authorities (ways of implementation are dictated by the state) • Defines independence level of LG
Legal Oversight Defining congruance of LG legal acts with the national legislation • Defined by Law of Georgia on Normative Acts • Oversight on normative and individual acts issued by LG bodies • Controling body - Department of Sistemization of Normative Acts and Relations with Local Entities, Ministry of Justice
Exclusive Authorities • Administer property and land • Draft and approve budget • Introduce and collect local taxes and duties • Administer forest and water resources of local importance • Build and maintain roads • Make local procurements • Regulate external trade and external advertising • other
Legal Oversight Process • Informal relations between the MoJ and local entities • Most of legal assessments provided by the MoJ are positive, since normative acts are prepared as a result of intensive informal consultations • Ultimately Courts, not MoJ make the final decision on the congruance of legal acts with law • Only courts may abolish normative acts issued by local governance entities
Administrative Oversight Expediency control of specific activities made by LG bodies • Final responsibility on fulfillment of delegated activities are transferred from LG bodies to state bodies • Administrative controlling bodies differ from that of legal oversight
Delegated Authorities • Until 2006 • Registration of public documents • Veterinary medicine • Sanitation • Environment protection • Call-up • In the new law on LG delegated activities are not yet defined
Instruments and Bodies of Administrative Oversight • Right to receive information • Instruction (how, by whom, in what scope) • Ministries – Tbilisi • Governors – Other local government bodies
Budget of LG - Revenues • Own finances • Local taxes • Local duties • Capital income • Transfers • Grants • Loans • Other • Attracted Finances • Targeted and special transfers • Subsidies, subventions • Grants for delegated activities • Targeted revenues from donors
Local Taxes and Duties • Property Tax • Gambling Tax Income tax – spent only on delegated authorities • Duties: registration, customs, license, certificate, other.
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