EVROPSKA POVELjA O LOKALNOJ SAMOUPRAVI I LOKALNA SAMOUPRAVA U SRBIJI

Abstract

The author divided the work into two parts: the analysis of the European Charter on Local Self-Government and the position of local self-government in Serbia. The theory states that the practical importance of the European Charter on Local Self-Government lies in the fact that it has determined the minimum standards (organizational, functional and control) criteria that can contribute to the development of the idea of local self-government but also to raising the level of democracy in the European area. Otherwise, the provisions of the Charter ratified by Serbia in 2007 have extralegal legal force and are part of positive law. When it comes to the position of local self-government in Serbia, the author gave a brief historical review along with an analysis of the current constitutional and legal framework. In Serbia, local self-government is a constitutional category and form of state decentralization. Local self-government guarantees the existence of one sphere for the performance of local affairs where there is no jurisdiction of the central authority. Basic elements of the position of local self-government are regulated by the Constitution and further detailed by appropriate laws. These are the following elements (which are presented in the paper): name, territory, seat, establishment and abolition of the local self-government unit, decision-making method of citizens, organization of local bodies, competences, financing, control and protection of local self-government. At the end, instead of a conclusion, critical observations were made regarding the position of local self-government in Serbia, with the conclusion that with each new law on local self-government, positive reform moves have been made, but that a comprehensive reform of local self-government is yet to be expected.