LOCAL SELF-GOVERNMENT

IN SLOVENIA

Legal context• Slovenia is a "territorially unified and indivisible State“ (art. 4 of the

Constitution). • It has a bicameral parliament:

– a lower house: the National Assembly, 90 members, elected for a 4-year term;

– an upper house: the National Council, 40 members (including local representatives), elected for a 5-year term

• Article 9 of the 1991 Constitution guarantees local self-government• It gives people the right to exercise the powers and duties that are

linked to local self-government through autonomous bodies and other local authorities.

• The decentralization process was initiated in 1993 by adopting a series of acts relating to municipalities (amongst others the 1993 Self-government Act) and by organizing local elections in 1994.

Municipality

Municipality• Basic

administrative unit, having at least 5000 inhabitants

Municipal Commission

• Monitors and controls

• Protects consumers

MunicipalCouncil• Deliberative

power• Elected for a

4-year term (list system)

• 7 to 45 members

Mayor• Executive

power• Elected for a

4-year term (direct vote)

• Chairs the municipal council

• Runs the municipality

Municipality's responsibilities

General issues• Law and order,

police• Fire fighting• Protection of

the citizenry

Health• nursery, day

care• Family and

youth support• Retirement

home• Social security• Health

protection

Education• Extracurricular

education• Primary

education• Adult

education

Municipality's responsibilitiesUrban

development• Housing• Spatial

planning• Urbanism

Economic services

• Gas• Trade,

industry• Tourism• Agriculture• Urban

heating system

Environment• Water

purification• Waste

disposal• Consumer

protection• Funeral

services• Environmental

protection

Culture• Theatres,

museums, libraries

• Green spaces• Sport and

leisure activities

11 municipalities have an “urban status” (mesto obcina) which is granted by parliament on the basis of socio-economic and demographic criteria.

Municipality’s staff• Four categories

1. Local government staff: mayor, deputy mayor and chief-executive

2. Senior staff: advisors to the mayor (in some cases special advisors) are appointed by the municipal council during the mayoral election, don’t have a local government staff’s special status

3. Administrative staff: clerks, workers and auxiliary staff are appointed by the mayor, they benefit from local government staff’s special status

4. technical/expert staff: experts, executive directors, etc., are appointed by the mayor.

Region

Region’s responsibilities (expected):• Economic development • Environment, energy, transport • Agriculture, forestry, food• Education, science, sport, culture • Security, cross-border cooperation, Home Affairs • Work, family, health, social security

1991Municipalities can

form larger communities:

province

2006Regional level is

created

Act that helps to establish regions

• Subsidies for operating and capital spending – Monthly allocated, based on

estimated budget, compulsory spending

– In 1995, transfers from the central government represented 67 % of municipal budgets

• Financial equalization– Municipalities that are

economically unable to cover their expenditure with their own resources are entitled to additional subsidies from central government

– Compulsory spending must represent 70,9 % of total expenditure

– 31,6 % are issued by equalization subsidies

Income tax is nationally collected and represents the main part of revenue distribution : 30%

• Local taxes– Main tax : Property Tax

(23% of local revenues in 2003)

– Uneven distribution: 28% of the municipalities collect more than 80 % of property tax

– 15 other kinds of local taxes

• Local taxes– Main tax : Property Tax

(23% of local revenues in 2003)

– Uneven distribution: 28% of the municipalities collect more than 80 % of property tax

– 15 other kinds of local taxes

• Loans– For capital spending at

national institutions– Musn’t represent more

than 5% of the municipality’s budget

– Musn’t represent more than 20% of the municipality’s revenus

Expenditure• Local authorities make free use of their revenues. The use of

municipal funds is only assessed by the local authority’s Scrutiny Committee and by the Audit Court at national level.

• Scrutinizing Committees are specific and independent municipal bodies whose members are appointed by municipal councils among citizens who have a requested knowledge. These committees are responsible for scrutinizing the management of municipal goods and ensuring the appropriate use of budgetary funds.

• The majority of local expenditure is determined at national level and makes compulsory spending.

• Expenditure and revenues have been increasing for several years.

Administrative units• 58 Central government area-offices have been designed

across the country:o Their heads are appointed by the Government after the

related municipal councils have been consulted.o Consultative councils have been set up to guarantee co-

operation between central government and the municipalities.o They inform the ministries about illegal acts or policies that are

beyond municipalities’ responsibilities.o Central government can raise the matter in the Constitutional

Court or an administrative tribunal.

• Institutions are organized in a simple way:– The constitution determines the principles– Acts of parliament define local authorities’ responsibilities,

funding, etc. • Municipalities have many responsibilities.• Regionalization process is underway. However it is slowed down

by the large number of municipalities that divides-up the national territory and also by municipalities that are reluctant to give up their responsibilities.

• Local authorities’ financial and human resources are gradually increasing.