Temporary body of the local self-government unit as a substitute for representative democracy

The politics of the Balkan areas very often leads to numerous difficulties in the application of some basic legal institutes. The temporary body, in the system of local self-government, especially in recent decades, leads to significant legal consequences, and very often to open dilemmas regarding certain issues of procedural and material application of law. At the basis of this paper lies the question of the legal substitution of the classical representative bodies of local self-government with this institute. Some aspects of the constitution of the local parliament and its relationship with the membership in the temporary body, deadlines for taking certain legal actions, but also the place of constitutional protection of local self-government were analyzed. Also, the paper analyzes individual institutes and positions of theory and practice that exist in our legal system. With this work, we tried to determine the shortcomings and legal gaps that arise in practice, but also to indicate possible disagreements and directions for the future redefinition of this term in our legal system. The introduction of a temporary authority, as well as certain issues arising from it, significantly encroach on the autonomy of local self-government and its constitutional position.

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Publication Details

Journal
Arhiv za pravne i drustvene nauke
Published
2025-01-01
DOI
https://doi.org/10.5937/adpn2502025m
Primary Topic
Polish Law and Legal System
Type
article
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article

Temporary body of the local self-government unit as a substitute for representative democracy

Boris Mrdović
Arhiv za pravne i drustvene nauke
Polish Law and Legal System
article

Temporary body of the local self-government unit as a substitute for representative democracy

Boris Mrdović
article en

Abstract

The politics of the Balkan areas very often leads to numerous difficulties in the application of some basic legal institutes. The temporary body, in the system of local self-government, especially in recent decades, leads to significant legal consequences, and very often to open dilemmas regarding certain issues of procedural and material application of law. At the basis of this paper lies the question of the legal substitution of the classical representative bodies of local self-government with this institute. Some aspects of the constitution of the local parliament and its relationship with the membership in the temporary body, deadlines for taking certain legal actions, but also the place of constitutional protection of local self-government were analyzed. Also, the paper analyzes individual institutes and positions of theory and practice that exist in our legal system. With this work, we tried to determine the shortcomings and legal gaps that arise in practice, but also to indicate possible disagreements and directions for the future redefinition of this term in our legal system. The introduction of a temporary authority, as well as certain issues arising from it, significantly encroach on the autonomy of local self-government and its constitutional position.

Arhiv za pravne i drustvene naukeVol. 120(2)
Openalex Percentile: Top 77%
Polish Law and Legal System
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