• Title/Summary/Keyword: legislation in decentralization

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Essay on Legislation for Decentralization - focused on 「LOCAL AUTONOMY ACT」 - (지방분권을 위한 법제적 일고찰 - 「지방자치법」의 법제개선 필요사항을 중심으로 -)

  • Jeon, Joo-Yeol
    • Journal of Legislation Research
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    • no.54
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    • pp.71-110
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    • 2018
  • Starting from the agenda that we should determine the function of local government at each level in order to facilitate decentralization, this article is dedicated to demonstrating problems in the practice of Korean legislation today. On the one hand, in the "local autonomy act", the local governments' function is designated by the term "affairs of local governments" which includes autonomous duites and the duties delegated by the State to local governments. Meanwhile, all of acts by which governments are granted the power of execution, upon the principle of "the reservation of law", does not distinguish the nature of each authority as well. On the other hand, as regards the legal status of the territorial collectivity, the practice in the legislation does not clearly distinguish between territorial representation and national delegation. If we want to achieve the decentralization, we should reevaluate and determine EVERY authority and responsibility of administrative service in terms of its nature whether it is for the local diversity or for the standardization of public service in the State. In following, we should have the terminology by which we can designate the territorial collectivity which is distinguished from the national organ at the local level in the legislation.

Legislative Support Standards in the Countries of the European Union in the Field of Building a System of Local Self-Government

  • Iryna, Lychenko;Natalia, Lesko;Nataliia, Pavliuk;Zoryana, Dobosh;Rostyslav, Bundz
    • International Journal of Computer Science & Network Security
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    • v.22 no.12
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    • pp.79-84
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    • 2022
  • The main purpose of the study is to identify the key aspects of legislative support standards in the countries of the European Union in the field of building a system of local self-government. The European Union during the history of its existence has developed a set of standards on which the systems of local self-government of the European Union member states and applicants for this status are built. The complexity and at the same time the importance of legislative regulation of the functioning of this system is evidenced by the fact that the legislation and principles of international law used by the European Union in the field of local self-government are among the "youngest". This is due to the role played by local self-government in the development of a democratic political system, as well as the search for an optimal balance between centralization and decentralization. Thus, the main task of the study is to analyze the legislative support standards in the countries of the European Union in the field of building a system of local self-government. As a result of the study, current trends and prerequisites for the legislative support standards in the countries of the European Union in the field of building a system of local self-government were investigated.