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After the adoption of the Constitution and the
new organization of state authority, the units of local self-government found
themselves in a peculiar situation. The municipal councils and the city of
Skopje have continued to function, but the administrative bodies have become
subordinate units of the appropriate ministries and other bodies of state
administration. In conditions of unchanged statutory regulations, the municipal
councils have both too many few competencies.
The unregulated situation has created a
number of practical problems. Hence the adoption of the Local Self-Government
Act is seen as an issue of common interest. In adoption to the European Charter
on Local Self-Government, during the preparation of the draft act the experience
and solutions for the functioning of local self-government of many European and
non-European countries have been used.
The draft act defining the status,
organization and functioning of the bodies of local self-government incorporates
the most recent world standards. In order to prevent infringement by the state
upon the functions of local self-government, the draft makes it possible to
submit a request for a protection of constitutionality and legality before the
Constitutional Court with regard to state regulations. This puts the units
of local self-government in an equal position with that of the state, because
before the Constitutional Court the appear as equals. In accordance with the
European Charter on Local Self-Government and the conclusions of the First
Conference in Barcelona as regards the putting of this of this Charter into
effect, the draft envisages the possibility of the
Macedonian assembly, before the adopting acts concerning local
self-government, asking an opinion from the units of local self-government.
The draft defines both the place and role of
local self-government. In Macedonia it has deep historical roots. The basic aims
of all forms of local self-government would be to organize the administration of
certain matters of immediate concern to the everyday life of citizens. Hence the
draft proposes the retention of the current local self-government division
(local community, village community, town quarter community) as it has so far
shown more positive than negative effects. Municipalities smaller than the
current ones may be expected in future; hence a simpler organization has been
proposed where citizens would be able to resolve everyday issues of common
interest in a more direct way, in their own micro-communities. This practice is
already a reality in many European countries. |
