Ustavnopravne pretpostavke i ograničenja lokalne samouprave u SRJ
Constitutional And Law Assumptions And Restrictions On The Local Self-Government In The Federal Republic Of Yugoslavia

Summary/Abstract: The greatest portion of this paper analyzes the most important constitutional provisions of the Federal and Republic Constitutions dealing with the local selfgovernment. Concluding considerations formulated as a suggestion for further working out and discussions contain the basic attitudes and problems the author specifically emphasizes in the subject matter: - In the constitutional and law system of the Federal Republic of Yugoslavia "the right to the local self-government has been proclaimed by the Constitution of FRY, thus being the category of the federal constitutionality. While organizing and accomplishing it, all those provisions of the Constitution of FRY, directly applied must be respected, which refer to the local self-government and if refer. The degree of the local selfgovernment working out within the federal constitutionality, however, is not of that kind that the local self-government could be introduced much less to function, only on its basis, that is, on the basis of direct application of the Constitution of FRY. - Within their sovereign rights, the member Republics organize and provide for the local self-government on their own. Then, in accordance with the constitutionality and legitimacy principle, they are obliged to do that in keeping with the Constitution of FRY and federal laws which contain more provisions directly or indirectly referring to the local self-government. - The Constitutions of both member Republics contain more, but still only basic, provisions on the local self-government. The same concept of the local self-government basically features both Constitutions. That concept suits to the centralized state which independently and in a "sovereign" way determines which part of the power will be given to the local self-government. Clearly carried out is the thesis that the local-self government is the creation of the state and it depends upon its will. - The weakest point of the constitutional organization of the local-self government is absence of the constitutional guarantees for the financial and material independence of the local self-government. Judging from the practice so far, this cannot be provided for by referring to the laws. - The greatest restrictions on the local self-government results from the nature of the centralized state. It is most prominent in the sphere of performance, where the assumption of competencies is, contrary to the democratic traditions and the modern trend world-wide, directed in favour of the central state organs of power and administration. - Finally, there is no efficiently developed mechanism in the constitutional system intended for the local self-government protection. For all these reasons, vital improvements to the local self-government are possible only through the constitutional revision, and it is advisable this meeting to come for it.

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