贝尔格莱德的宪法和规范立场是行使地方民主的障碍

Jelena Jerinić
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引用次数: 0

摘要

在过去几十年里,塞尔维亚不愿在领土组织和地方自治制度改革方面采取重大步骤,这对小而不发达的城市和城镇以及大而经济较发达的城市和城镇都产生了不利影响。在本文中,作者的意图是表明,除其他问题外,贝尔格莱德市在单一一级和统一的地方自治制度框架内的宪法和法律地位阻碍了塞尔维亚法律规定的各种地方民主机制的执行。在这样的体制中,贝尔格莱德及其当局与公民保持着完全的距离。纳入关于地方自治制度的法律解决办法的地方民主的正式机制的不足,主要体现在城市自治组织的例子上,在过去二十年中,这些组织完全没有自治的特点,以及在作为国家首都的贝尔格莱德一级建立地方社区单位(mesne zajednice)的具体形式的可选性。可以在全面改革领土组织和地方自治制度方面寻求解决办法,这显然需要修改《宪法》,并使首都(至少)具有第二级地方自治的地位。通过简单分析在某些权限领域授予贝尔格莱德的任务,可以证实贝尔格莱德有能力成为一级以上的地方自治单位,在这些领域,贝尔格莱德已经具有二级行政当局的地位(例如,城市规划和建设、不动产合法化或公民登记)。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Constitutional and normative position of Belgrade as an obstacle in the exercise of local democracy
During the last few decades, the reluctance to take significant steps in the reform of territorial organization and local self-government system in Serbia had an adverse effect on both small and underdeveloped, as well as large and economically more developed municipalities and towns. In this paper, the author's intention is to show that the constitutional and legal position of the City of Belgrade, within the framework of a single-level and uniform system of local self-government, among other issues, prevents the implementation of various mechanisms of local democracy, as regulated by Serbian laws. Trapped in such a system, Belgrade and its authorities remain completely distant from citizens. The inadequacy of formal mechanisms of local democracy which are incorporated into the legal solutions on the system of local self-government is primarily shown here on the example of the organization of city municipalities, which during the last twenty years have been completely devoid of self-governing characteristics, as well as the specific form of optionality in the establishment of local community units (mesne zajednice) at the level of Belgrade, as the country's capital. Solutions could be sought in comprehensive reforms to territorial organization and the system of local self-government, which, apparently, would require changes to the Constitution, and which would enable the capital city to (at least) have the position of the second tier of local self-government. Belgrade's aptness to be more than a first-level unit of local self-government can be confirmed by a simple analysis of tasks delegated to the City in certain areas of competence, in which it already has the position of a second-tier administrative authority (e.g. urban planning and construction, legalization of immovable property or citizens registers).
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