Decentralization and public administration
Traditionally, the implementation of government tasks is largely done at a decentralized level: by provinces and - especially - municipalities. Especially since the decentralizations in the social domain, it is clear that this does not always run smoothly.
The implementation of government tasks is traditionally primarily carried out by provinces and, especially, municipalities. However, the decentralizations in the social domain have highlighted that this process is not always seamless.
The multitude of tasks, limited budgets, and necessary collaboration between government entities, layers of governance, civil society organizations, and businesses give rise to complex legal questions. Determining responsibilities, identifying who does what, and establishing effective oversight present ongoing challenges. Additionally, the municipality's role as an implementing body raises important questions about its political and democratic function. How can decentralized authorities fulfil their roles without allowing disparities among them to become too significant?
Municipal law has traditionally been governed by the Constitution, the Municipalities Act, and several special (organic) laws. As a result, it has its own legal framework and peculiarities. Meanwhile, practical implementation sometimes deviates from what is stipulated in the law. These unique characteristics manifest in concrete issues encountered in practice, particularly in specialized areas such as environmental law or public order. We examine the interplay between these specific areas of law and overarching principles. Our focus extends to the powers of authority and practices within municipalities, as well as inter-governmental relations. Furthermore, we explore the relationship between municipal regulations, policy rules, and national and European legislation, which has become increasingly complex due to the expanded scope and significance of fundamental rights. Such inquiries are of great interest to us.
|Last modified:||26 June 2023 10.26 a.m.|