http://pub.lex-localis.info/index.php/LexLocalis/issue/feed Lex localis - Journal of Local Self-Government 2022-06-30T10:14:56Central Europe Daylight Time Editorial Office journal@lex-localis.info Open Journal Systems <p align="justify">Lex localis - Journal of Local Self-Government is an international journal for the study of the politics, administration, and management of local affairs published four times a year (in January, April, July, and October) by Institute for Local Self-Government Maribor (Slovenia). Articles appearing in Lex localis - Journal of Local Self-Government are abstracted and indexed in Social Sciences Citation Index (Web of Science), Essential Science Indicators (Web od Science), CSA Worldwide Political Science Abstracts, Current Geographical Publications, CSA PAIS International, Academic's OneFile (Gale), ERIH Plus, International Political Science Abstracts, ProQuest, Scopus, International Bibliography of Periodical Literature (IBZ), International Bibliography of the Social Sciences (IBSS).</p> http://pub.lex-localis.info/index.php/LexLocalis/article/view/1743 The Effectivity of Local Fee Collection: Case Study in Selected Municipalities of the South Bohemian District, Czech Republic 2022-06-21T17:08:45Central Europe Daylight Time Dana Bína Filipová bina_filipova@pef.czu.cz Lukáš Moravec LukasGM@gmail.com Gabriela Kukalová kukalova@pef.czu.cz Zdeňka Vaňková xvanz006@studenti.czu.cz <p>Local fees and tax income are one of the income sources of a municipality budget. Their size and collection is regulated by the municipality and a particular state. 12 municipalities of the South Bohemian District were chosen according to their size to find out the efficiency of the collection of the higher mentioned income. Next, a relationship between individual shares and size of selected municipalities in number of inhabitants was calculated based on shares among city fees, tax income and total income. The size of yields in local fees differs and the size of municipality (based on the number of inhabitants) is not the main factor of the difference. Yields of municipalities are also influenced by geographical and economic factors (e.g.: growth of tourism, Český Krumlov). Furthermore, absence of any relationship among local fees, tax income and total income was found within selected municipalities.</p> 2022-06-21T16:26:23Central Europe Daylight Time ##submission.copyrightStatement## http://pub.lex-localis.info/index.php/LexLocalis/article/view/1819 Village Governance of Migrant Farmers: Evidence from a Case Study in Rural China 2022-06-21T17:08:48Central Europe Daylight Time Zuyu Huang zuyuhuang@hnu.edu.cn <p>This article aims to uncover an important yet under-researched governance field during the massive wave of internal migration in China. In contrast with abundant studies that explore the governmentality of migrant workers in urban China, rare scholar attention is dedicated to the group of migrant farmers who only move within rural China. Drawing on a detailed analysis of governance dynamics of Lianhua village, Hunan province, this study finds that migrant famers could undermine village governance in the place of destination from three dimensions: by disturbing social orders; overpricing or exploiting farmland; and paralyzing operation of village affairs. The critical factor deciding whether migrant farmers commit such acts is the degree of their spontaneous solidarity. This study also finds that implementing collective management among migrant farmers in a neoliberal manner could help address village governance challenges brought by them but is not conducive to their social integration into the hosting societies.</p> 2022-06-21T16:30:08Central Europe Daylight Time ##submission.copyrightStatement## http://pub.lex-localis.info/index.php/LexLocalis/article/view/1823 Is Lobbying Effectively Regulated in the Regional Self-governments in Poland? The Cases of Opolskie and Podkarpackie Regional Self-governments 2022-06-30T10:14:56Central Europe Daylight Time Maciej Olejnik maciej.olejnik@uwr.edu.pl <p>The goal of the paper is to examine whether lobbying is effectively regulated in the regional self-governments in Poland. The article analyses two cases: Opolskie and Podkarpackie regional self-governments (2014-2020). For the purpose of the article, three types of material were gathered 1) A legislation regulating lobbying in Poland (the Law on Lobbying); 2) The results of the semi-structured interviews with sixty councilors from both regional chambers; 3) The websites and public social media accounts of the legislators and major lobbyists and the correspondence with heads of the regions’ organizational departments. Two scientific methods were adopted (institutionally-legal analysis and comparative method) to examine the material.</p> <p>An outcome of the research revealed that lobbying is ineffectively regulated. A law does not provide the state with instruments allowing to control the prevailing type of lobbying (“lobbying activity”). Furthermore, neither councilors, nor lobbyists adopted ethical codes of conduct that would establish clear behavioral standards. Moreover, lobbyists have equal access only to the rank-and-file councilors, whereas solely the strongest ones can contact the legislators constituting the regional government.</p> 2022-06-21T16:32:21Central Europe Daylight Time ##submission.copyrightStatement## http://pub.lex-localis.info/index.php/LexLocalis/article/view/1831 Slovak Self-governments` Legislative Aspects of the Possibilities in Dealing with Nuclear and Other Extraordinary Events 2022-06-21T17:08:52Central Europe Daylight Time Tomáš Peráček peracek2@uniba.sk Mária Srebalová maria.srebalova@flaw.uniba.sk Stanislav Filip stanislav.filip@vsemvs.sk <p>The scientific article focuses primarily on management problems involving municipal self-government in solving the crisis situation of the population in cases not only exceptional nuclear events. It stresses the need to respond flexibly with a legislative solution to the lack of regulation. The main focus of research is to define the legal basis for the protection of the population at national level. It then focuses on proposals for legal solutions that will enable adequate protection of the population of the affected territories in the Slovak Republic. Using selected scientific methods of examination, we critically evaluate the legislative difficulties limiting the preparedness of the management of municipalities to cases of possible exceptional events especially nuclear events. The result and added value of our examination are proposals for more appropriate regulation in terms of protecting the lives, health, property and social security of the affected population.</p> 2022-06-21T17:04:35Central Europe Daylight Time ##submission.copyrightStatement## http://pub.lex-localis.info/index.php/LexLocalis/article/view/1833 What Happens When Data Lies? A Case Study of Measuring City Attractiveness in Romania 2022-06-21T17:08:54Central Europe Daylight Time Alina Maria Pavelea alinapavelea@fspac.ro Bogdana Neamțu neamtu@fspac.ro Călin Emilian Hințea hintea@fspac.ro <p>The last decades have seen an increse in the number of studies that investigate the factors that make cities attractive. This was also the initial aim of the present study. However, the initial results were striking. Cities that do not possess the characteristics that are usually attributed to attractive cities were ranked among the most attractive ones in Romania. Thus, it became evident that the first step should be to determine which is the most appropriate measure of attractiveness in the Romanian context. The results show that in Romania the historical and legal context, as well as the current way in which official data are provided affect the reliability of well-known measures of city attractiveness. More specifically, international migrants who regain their citizenship artificially inflate the data regarding population growth and migration for cities in the Easter part of the country. The study provides recommendations for improving the capacity of municipalities to take evidence-based decisions.</p> 2022-06-21T16:34:56Central Europe Daylight Time ##submission.copyrightStatement## http://pub.lex-localis.info/index.php/LexLocalis/article/view/1836 The Value of Truth and Citizens’ Panels - from Philosophical Roots to Practical Consequences of the Governance Concept 2022-06-21T17:08:56Central Europe Daylight Time Urszula Kinga Zawadzka-Pak u.zawadzka@uwb.edu.pl <p>In recent years, instruments of governance, including citizens’ panels (citizens’ assemblies) have gained interest all over the world, including Poland. The danger of its application stems from the fact that they assume the desire to allocate more and more political power to partners at the expense of legitimate authorities. Hence, the purpose of this article is to examine the axiological foundations of the instruments of governance, focusing on the value of truth. In the conclusion of the research, it was stated that the implementation of the citizens’ panels in Gdańsk leads to violations of the value of truth, one of the pillars of Latin civilization.</p> 2022-06-21T00:00:00Central Europe Daylight Time ##submission.copyrightStatement## http://pub.lex-localis.info/index.php/LexLocalis/article/view/1841 Local Governments Amalgamation in Indonesia: Prospects and Challenges 2022-06-21T17:08:58Central Europe Daylight Time Rizqi Bachtiar rizqi.bachtiar@ub.ac.id Prischa Listiningrum p.listiningrum@ub.ac.id <p>This research focuses on analysing the importance of amalgamation of local governments and critically examine the current neglect of the amalgamation of local governments in Indonesia. By using a case study approach, the investigation on the importance of local government amalgamation in Indonesia found that amalgamation is an alternative policy to be taken by the government, and can be contrasted with the policy practiced until recently, which permitted extensive proliferation in the numbers of local governments. There is no evidence to suggest any specific attempt from the government to implement amalgamation. The government’s objective is to uphold a moratorium on proliferation, even though the government’s target has been broken by the approval of some new local governments during the moratorium period. Adverse economic motives, intertwined with political factors, are the main reasons for the failure to adopt a policy of amalgamation of local governments in Indonesia.</p> 2022-06-21T16:49:20Central Europe Daylight Time ##submission.copyrightStatement## http://pub.lex-localis.info/index.php/LexLocalis/article/view/1858 E-administration in Polish and Hungarian Municipalities – a Comparative Analysis of the Regulatory Issues 2022-06-21T17:08:59Central Europe Daylight Time István Hoffman hoffman.istvan@ajk.elte.hu Mirosław Karpiuk miroslaw.karpiuk@uwm.edu.pl <p>E-administration became on important issues of the development of the municipal administrations. In this paper we examined the regulation of Poland and Hungary to examine the challenges of these reforms. The Polish and Hungarian municipalities have been strongly influenced by the digitalisation. In the fields of administrative decisions, decision-making and public service provision new tools and methods have been introduced. We should emphasise, that the centrally operated platforms can be even interpreted as a new, ‘soft’ tool of the centralisation. However, the Polish and Hungarian systems are similar, but there are differences which are related to the different competences and spatial structure of the municipal systems of the two countries.</p> 2022-06-21T16:52:42Central Europe Daylight Time ##submission.copyrightStatement## http://pub.lex-localis.info/index.php/LexLocalis/article/view/1881 Rawls' Theory of Justice as Fairness as Foundation and Challenge for Local Self-Government 2022-06-21T17:09:01Central Europe Daylight Time Anton Jamnik anton.jamnik@teof.uni-lj.si <p>Rawls' completely original argument of »justice as fairness« is always up to date as modern ethics and political philosophy are faced with the so called procedural ethics where everything is arranged and determined with adequate procedures, legal legislation, acts and regulations, but very often there is a lack of »ethical humus« of why and how these things should be done. Particular situation of a certain local area is often too dependent on capital and under too much pressure by its power. All of the above makes Rawls' theory a great challenge as well as ethical and legal humus of how to form local self-government where all basic principles of fairness, freedom, dignity of every individual and social aspect of interpersonal relations are considered, where there is particular stress on caring for all those who are in the worst position, who are the most fragile, most vulnerable, most overlooked and for whom nobody cares.</p> 2022-06-21T16:55:18Central Europe Daylight Time ##submission.copyrightStatement## http://pub.lex-localis.info/index.php/LexLocalis/article/view/1886 Legislating Extra-Legal References: Naming the Criteria and Placing the Clauses (Polish and European Perspective) 2022-06-21T17:09:02Central Europe Daylight Time Leszek Leszczyński leszek.leszczynski@mail.umcs.pl <p>The aim of the study is the analysis of the role of legislating the extra-legal references in the form of general clauses in the statutory legal orders. The main features of legislative policy determine that it is in principle rational activity despite the fact that the objectives of the reference are not fully transparent. Although the clauses refer in a controlled and point-based manner to extra-legal values, in fact they extend the scope of judicial discretion, which allows for a departure in the processes of judicial application of the law from legislative intentions and expectations. Legislators of both in Polish and other European legal orders try to determine the functions of general clauses by giving appropriate names to the criteria of general clauses, by locating clauses in appropriate segments of the legal system and normative act as well as by defining the conditions for the application of clauses in a particular decisional process. The shape of all these activities depends on various factors. The most essential role among them is played however by the type of political system in which the clauses are created and of which properties determine the way of use of the clauses by the courts in processes of application of law.</p> 2022-06-21T16:59:28Central Europe Daylight Time ##submission.copyrightStatement## http://pub.lex-localis.info/index.php/LexLocalis/article/view/1820 The Problem of the Admissibility of Modifications to Public Procurement (and Concession Contracts) 2022-06-21T17:09:04Central Europe Daylight Time Aleksij Mužina aleksij.muzina@siol.net <p>The central part of the scientific article is the analysis of the problem of the admissibility of modifications of public procurement contracts and concession contracts. After the awarding of a concession or a public procurement contract, these may not be substantially changed by an agreement between the contracting authority and the successful tenderer. The research is initially focused to an analysis of the development of the legal institute in the case law of the Court of Justice and its transposition into secondary legislation of the European Union. This is followed by a comparison of the regulation in the acquis communautaire with the regulation in Slovenian positive law. The problems of the admissibility of modifications to public procurement contracts/concessions (this is the central part of the article) should be supplemented by formulating a thesis on the possible extension of comparable standards of interpretation of admissibility from the contractual (implementation) to the tendering stage of public procurement/concession.</p> <p>In this scientific paper, I therefore point out (which was the purpose of the scientific paper) the hypothesis that all modifications in public procurement procedures and concession award procedures must be treated equally, regardless of the stage a relationship creation or implementation process. A different position would be administrative and contrary to the necessary functional interpretation of EU law. The modification cannot becomes admissible at the time of the conclusion of the contract, while prior to that, this modification (which would already form part of the contractual relationship) is not admissible.</p> 2022-06-21T17:01:25Central Europe Daylight Time ##submission.copyrightStatement##