Lex localis - Journal of Local Self-Government http://pub.lex-localis.info/index.php/LexLocalis <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 (SSCI), 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). Journal Metrics 2016: Source Normalized Impact per Paper (SNIP): 0,52 (Q2) (Law 212/488, Public Administration 68/112), 2015 SCImago Journal Rank (SJR): 0,25 (Q2) (Law 226/505), ISI Impact Factor: 0,714 (Q3) (Political Science 107/165, Public Administration 37/47).</p> en-US <p>It is a condition that the authors assign copyright or license the publication rights in their articles, including abstracts, to Institute for Local Self-Government Maribor. This enables us to ensure full copyright protection and to disseminate the article, and of course Journal, to the widest possible readership in print and electronic formats as appropriate. Authors retain many rights under the Institutes' right policies, which can be found at <a href="http://pub.lex-localis.info"> journal.lex-localis.press</a>. Authors are themselves responsible for obtaining permission to reproduce copyright material from other sources.</p> journal@lex-localis.info (Editorial Office) journal@lex-localis.info (Boštjan Brezovnik, Managing Editor) Tue, 23 Oct 2018 14:57:32 Central Europe Daylight Time OJS http://blogs.law.harvard.edu/tech/rss 60 Can Local Tax Policy Be Efficient? Polish Communes' Agricultural Tax Policy http://pub.lex-localis.info/index.php/LexLocalis/article/view/989 <p>In this article we present the research of local agricultural tax policy in Poland. It is a specific kind of tax as its volume depends on an artificial measure, i.e. the price of rye. The article aims to find out if with this construction of tax the local tax policy may be efficient. Our research proves that the lower the share of agricultural tax in property taxes, the more efficient is the tax policy. The reduction in the agricultural tax correlates positively with the growth in agricultural tax in the current year, and also to a lesser extent in the next year. Higher rye prices result in an increased reduction in agricultural tax rates as well as in tax revenues, and the tendency is reversed in the following year.</p> Paweł Felis, Joanna Szlęzak-Matusewicz, Henryk Rosłaniec ##submission.copyrightStatement## http://pub.lex-localis.info/index.php/LexLocalis/article/view/989 Tue, 23 Oct 2018 09:52:41 Central Europe Daylight Time The Price of Populism: The Association between Directly Elected Mayors and Unit Expenditure in Local Government http://pub.lex-localis.info/index.php/LexLocalis/article/view/998 <p>It would appear that directly elected Mayors have indeed become fashionable. However, few seem to have paused to ponder the pecuniary impact of directly elected Mayors on local government: Indeed there is no evidence at all from the Antipodes and much of the extant work is somewhat dated. We analyse a five year panel of data for New South Wales, Australia and find evidence of strong and statistically significant increased unit operational expenditure in local governments that employ the directly elected mayor model. We conclude by outlining the effect that this association might have on local government sustainability.</p> Dana McQuestin, Joseph Drew ##submission.copyrightStatement## http://pub.lex-localis.info/index.php/LexLocalis/article/view/998 Tue, 23 Oct 2018 10:10:50 Central Europe Daylight Time Sustainable Value as a Tool for Performance Measurement of the Region http://pub.lex-localis.info/index.php/LexLocalis/article/view/1003 <p>Public servants are confronted with the need to reflect the reality of the changing world. In past decades, managerial methods have begun to penetrate into public administration, which has gained the name of New Public Management . This approach has been criticized by part of both scholars and practitioners, because of the fact that it brings too many economic and managerial principles from the private sector. We think that New Public Management is still open to new challenges, but with emphasizing the values that are typical for public administration. The use of Corporate Performance Management using Sustainable Value methodology can be such challenge. The aim of paper is to introduce, modify and use Sustainable Value as a tool for Corporate Performance Management within New Public Management, for its use at regional level to measure the performance.</p> Jan Fuka, Petra Lesakova, Robert Bata ##submission.copyrightStatement## http://pub.lex-localis.info/index.php/LexLocalis/article/view/1003 Tue, 23 Oct 2018 10:16:37 Central Europe Daylight Time Municipal Efficiency and Economies of Scale in Bosnia and Herzegovina http://pub.lex-localis.info/index.php/LexLocalis/article/view/1005 <p>This study estimates municipal efficiency and economies of scale of municipalities in Bosnia and Herzegovina by employing data envelopment analysis (DEA) with variable (VRS) and constant (CRS) returns to scale. The results indicate low overall municipal efficiency, with economies of scale reached in very few municipalities. The average municipal efficiency score is 0.7115 under DEA VRS assumption, where only 16% of municipalities are found efficient. The average scale efficiency is 0.7458 with full scale efficiency reached by only 11% of municipalities in Bosnia and Herzegovina. Furthermore, the analysis shows strong positive impact of number of inhabitants on overall municipal efficiency. Politically motivated fragmentation of municipalities, aiming to bring peace and stability to the country, did not go hand in hand with improved economic efficiency.</p> Aida Soko, Jelena Zorič ##submission.copyrightStatement## http://pub.lex-localis.info/index.php/LexLocalis/article/view/1005 Tue, 23 Oct 2018 10:26:55 Central Europe Daylight Time Severity and Persistence of Fiscal Deficits in Spanish Municipalities: Across-the-board or Targeted Adjustments? http://pub.lex-localis.info/index.php/LexLocalis/article/view/1007 <p>This research analyzed the fiscal adjustment processes of an important segment of Spanish municipalities (Galicia), and verified procyclical fiscal policy adjustments. The severity of municipal fiscal deficits and their persistence led to a strategy of targeted cuts. Contradicting the literature, expenses in providing core services were most affected. These cuts were partially offset by increased resources from other public administrations. We have not been able to verify significant adjustments in administrative expenses, which could be explained by the hypothesis of the budgetary maximization of the bureaucrats.</p> Roberto Cabaleiro-Casal, Enrique Buch ##submission.copyrightStatement## http://pub.lex-localis.info/index.php/LexLocalis/article/view/1007 Tue, 23 Oct 2018 00:00:00 Central Europe Daylight Time Municipal Merger and Local Democracy: An Assessment of the Merger of Japanese Municipalities http://pub.lex-localis.info/index.php/LexLocalis/article/view/1010 <p>Municipal mergers have been widely used as a tool for administrative reform. The goal of most municipal mergers is to increase the efficiency of service provision, but their impact on local democracy has been neglected. In particular, little is known as to how mergers affect performance of local legislatures. In filling these gaps, this study uses a dataset of 754 Japanese city-level governments from 2008 to 2014 to examine how mergers influence legislative performance. After controlling for potential confounding factors, the analysis shows that municipal merger is negatively correlated to legislative performance.</p> Kohei Suzuki, Hyesong Ha ##submission.copyrightStatement## http://pub.lex-localis.info/index.php/LexLocalis/article/view/1010 Tue, 23 Oct 2018 10:41:05 Central Europe Daylight Time Impact of European Union Cohesion Policy at Local Level (Rural Areas of Eastern Poland Case Study) http://pub.lex-localis.info/index.php/LexLocalis/article/view/1014 <p>The objective of the article is to evaluate the significance of the European Union funds used by local governments of Eastern Poland to improve the cohesion of rural areas, measured by the dynamics of entrepreneurial development. This is illustrated by the level of their economic competitiveness and the pattern of demographic changes, considered as a measure of the residents’ quality of life. A significant positive interdependence between the scale of financial support from EU funds for rural local governments and the migration reduction from rural areas was confirmed. The study did not, contrary to assumed priorities of cohesion policy, reveal the significant impact of EU funds on improving the competitiveness of local economies, measured by the number of enterprises per 1000 inhabitants.</p> Adam Czudec, Agnieszka Majka, Dariusz Zając ##submission.copyrightStatement## http://pub.lex-localis.info/index.php/LexLocalis/article/view/1014 Tue, 23 Oct 2018 10:44:03 Central Europe Daylight Time Integrated Justice in Pakistan: From Legal Pluralism to Normative Convergence http://pub.lex-localis.info/index.php/LexLocalis/article/view/1051 <p>Legal pluralism, throughout most of developing countries, has been extant since the onset of colonial era. Manifested in a variety of forms, legal pluralism is inherently characterized by both promises as well as limitations. In Pakistan, legal pluralism is epitomized by the prevalence and functioning of parallel systems of justice such as formal courts and Alternate Dispute Resolution Mechanism (ADRM), such as “Jirga. Poor coordination and tenuous enforcement mechanisms, however, render the formal justice system in Pakistan one of poorest performers in terms of judicial efficacy world-wide. This article seeks to explore the possibility of a convergence between traditional and modern models of dispute resolution, i.e. Jirga and court system and the resultant efficacy thereof through devising a conceptual framework. The framework reveals that both formal courts and Jirga demonstrate marked discrepancies concerning their efficacy with respect to the provision of justice and dispute resolution. Findings from the field, however, evince that Jirga stand out to be a relatively more effective mechanism of dispute resolution than formal courts. The conceptual framework, however, implies that by converging both systems it is possible to cope with the limitations of each of the two systems such that while courts could provide legal legitimacy to the Jirga by improving its decency and accountability through regulations, Jirga could enhance the legitimacy of courts by improving its accessibility and transparency through feedback mechanisms. The article concludes by way of arguing that instead of parting ways with each other, both courts and jirga shall seek to go hand in hand in order avoid delays in the&nbsp; provision of justice.</p> Tahir Mahmood, Sajjad Ali Khan, Shahab Sarwar ##submission.copyrightStatement## http://pub.lex-localis.info/index.php/LexLocalis/article/view/1051 Tue, 23 Oct 2018 11:49:05 Central Europe Daylight Time The The Impact of Individualism and Uncertainty Avoidance on Interdependence of Tax Culture and Tax Evasion http://pub.lex-localis.info/index.php/LexLocalis/article/view/1066 <p>The paper presents, how factors of tax culture, such as individualism and uncertainty avoidance, affect the dependence of tax evasion on tax culture on a revised sample of 34 countries. The research reveals that in the analysed countries the higher the degree of individualism, the lower the rate (affected by the degree of individual’s influence) of tax evasion.</p> Aleksandra Vehovar, Alenka Kavkler, Lidija Hauptman ##submission.copyrightStatement## http://pub.lex-localis.info/index.php/LexLocalis/article/view/1066 Tue, 23 Oct 2018 11:55:03 Central Europe Daylight Time The Quality of Participatory Processes in the Urban Redevelopment Policy of Madrid City Council http://pub.lex-localis.info/index.php/LexLocalis/article/view/1026 <p>The local sphere is the participatory space par excellence. However, there are few academic studies on citizen participation in urban polities, and even less on the quality of participatory mechanisms. This article analyses two participatory processes of urban reorganisation led by the City of Madrid, based on the development of an analytical framework designed to evaluate its quality, with the objective of knowing which initiative enjoys the higher quality, and of proposing a series of recommendations that would contribute to ensuring the successful development of these processes.</p> Gema Sánchez Medero, Gema Pastor Albaladejo ##submission.copyrightStatement## http://pub.lex-localis.info/index.php/LexLocalis/article/view/1026 Tue, 23 Oct 2018 00:00:00 Central Europe Daylight Time Challenges of the Implementation of the European Charter of Local Self-Government in Romania’s Legislation http://pub.lex-localis.info/index.php/LexLocalis/article/view/1032 <p>The European Charter on Local Self-government is a defining document for local governments across the EU and was a guideline for developing a framework of local governance based on local autonomy, decentralization that is close to the citizens. It was especially important for Central and East European Countries as they faced the challenges of a total overhaul of their administrative systems after the fall of the communist regimes. Romania fits into this picture as a late comer to the European family, with an administrative system that transitioned slowly from a hyper centralized arrangement to one that offers significant power to local governments. After 20 years since the ratification of the Charter, local government in Romania displays mixed elements, between progressive (protection of local authorities) and conservative (consultation of authorities, financial autonomy) in relation to the charter recommendations. The current article is an analysis on the state of affairs concerning local governance in Romania using the Charter as the main theoretical framework.</p> Tudor Cristian Ticlau, Bogdan Andrei Moldovan, Cristina Maria Hintea ##submission.copyrightStatement## http://pub.lex-localis.info/index.php/LexLocalis/article/view/1032 Tue, 23 Oct 2018 00:00:00 Central Europe Daylight Time Challenges of the Implementation of the European Charter of Local Self-Government in Czech Legislation http://pub.lex-localis.info/index.php/LexLocalis/article/view/1038 <p>In their recent rigorous analysis of the European Charter of Local Self-Government (Radvan, Mrkývka, Schweigl 2018), the authors elaborated the manner in which the Charter has been implemented into the Czech legal order. In this paper, the authors extended the previous analysis by focusing on the challenges connected with the incorporation of the Charta´s principles into the Czech legal order. They outlined the areas, in which the incorporation seems to be properly done, and pointed to a few areas which might be viewed as problematic, as for incorporating of the Charta´s principles. One of the most significant problems is that the distinction between the state-administration and self-administration was not carried out in a strict manner and this improper distinction may lead to enhanced conflicts of interest. Some problems might also be detected in the area of how a smaller municipality´s citizens may influence the policy of a larger municipality which provides state-administration for the residents of smaller municipalities.</p> Michal Radvan ##submission.copyrightStatement## http://pub.lex-localis.info/index.php/LexLocalis/article/view/1038 Tue, 23 Oct 2018 12:13:24 Central Europe Daylight Time Challenges Related to Implementing the European Charter of Local Self-Government in Spanish Legislation http://pub.lex-localis.info/index.php/LexLocalis/article/view/1039 <p>Spain was one of the first countries to ratify the European Charter of Local Autonomy. Not without some setbacks, its principles have gradually been incorporated into the Spanish legal system as the regional and state laws on local government have been implemented.&nbsp; Its hermeneutics value has undoubtedly proven to be important and the legislator has considered the principles contained in the Charter when developing local laws. Therefore, it can be assured at present that the level of implementation of local autonomy in Spain is reasonably in line with the principles stipulated in the Charter. However, local autonomy in Spain is possibly in a stage of regression at present times, mainly due to the effects of the way to face the financial and economic crisis. Spain, along with other Mediterranean countries, has been required to introduce harsh austerity and adjustment policies which particularly affect the local public sector.&nbsp; In this context, the main challenges which Spain would have to handle in order to fully extend and reinforce local autonomy to completely comply with the principles stipulated in the Charter are outlined in this article.</p> Ángel Iglesias Alonso, Roberto Barbeito Iglesias ##submission.copyrightStatement## http://pub.lex-localis.info/index.php/LexLocalis/article/view/1039 Tue, 23 Oct 2018 12:17:47 Central Europe Daylight Time Challenges of the Implementation of the European Charter of Local Self-Government in Bulgarian Legislation http://pub.lex-localis.info/index.php/LexLocalis/article/view/1040 <p>This article discusses the challenges of improving Bulgarian legislation in terms of the implementation of the European Charter of Local Self-Government. It proves the necessity to introduce a legal definition of the concept of a “matter of local significance”. In order to ensure the consistent implementation of decentralization, it is required to put in writing the rules for how the local and central government should interact. Both the tools as well as the mechanisms which are used in the decentralization process as well as the expansion of local self-government are in need of legal regulation. All of this aims to improve the effectiveness and efficacy of local government.</p> Milena Hristova Stefanova ##submission.copyrightStatement## http://pub.lex-localis.info/index.php/LexLocalis/article/view/1040 Tue, 23 Oct 2018 12:22:09 Central Europe Daylight Time Challenges of the Implementation of the European Charter of Local Self-Government in the Hungarian Legislation http://pub.lex-localis.info/index.php/LexLocalis/article/view/1045 <p>The article reviews the changing approach on the nature of local governance in Hungary. During the Democratic Transition the evolvement of the Hungarian municipal system was based on the paradigm and approach of the European Charter of Local Government. Thus one of the most autonomous local government system of Europe evolved in Hungary. Although the municipal reforms were basically successful, several dysfunctional phenomena could be observed and the request for the municipal reforms was strong from the late 1990s in Hungary. The new constitution of Hungary, the Fundamental Law introduced a new model. The approach of the local governance has been transformed: the autonomy of the municipalities have been limited. Thus the autonomous nature of the Hungarian model changed and new challenges have appeared in the field of the implementation of the regulation of the Charter.</p> István Hoffman ##submission.copyrightStatement## http://pub.lex-localis.info/index.php/LexLocalis/article/view/1045 Tue, 23 Oct 2018 12:26:21 Central Europe Daylight Time The Challenges of the Implementation of the European Charter of Local Self-Government in Danish Legislation http://pub.lex-localis.info/index.php/LexLocalis/article/view/1057 <p>It is a widespread assumption in Denmark, that the rights to local self-government, which are guaranteed by the Constitution of 1953, not only meet, but also goes beyond what is required by the European Charter of Local Self-Government. Although this is not entirely without reason, the assumption is incorrect. Based on a brief introduction to Danish local government and the Danish ratification of the Charter, the article outlines and discusses the criticisms raised by the Congress of Local and Regional Authorities of the Council of Europe in the most recent evaluation of Denmark’s compliance with the Charter.</p> Gerd Battrup ##submission.copyrightStatement## http://pub.lex-localis.info/index.php/LexLocalis/article/view/1057 Tue, 23 Oct 2018 12:30:25 Central Europe Daylight Time Adjusting to International Standards: Has Sweden Learned from the European Charter of Local Self-Government? http://pub.lex-localis.info/index.php/LexLocalis/article/view/1072 <p>Following Swedish ratification of the European Charter of Local Self-Government in 1989, a number of further reforms of Sweden’s system of local government have taken place. Based on premises derived from institutional theory, this article examines the extent to which these reforms can be seen as further adjustments to the Charter. Analyses of monitoring reports and policy documents indicate that the reforms are largely inspired by the Charter but that some key features of the Swedish legal system, such as the lack of a significant judicial remedy, remain unaffected despite the demands of the Charter.</p> Anders Lidstrom, Tom Madell ##submission.copyrightStatement## http://pub.lex-localis.info/index.php/LexLocalis/article/view/1072 Tue, 23 Oct 2018 00:00:00 Central Europe Daylight Time Challenges of the Implementation of the European Charter of Local Self-Government in Polish Legislation http://pub.lex-localis.info/index.php/LexLocalis/article/view/1107 <p>Poland is one of the few countries to have ratified the European Charter of Local Self-Government in full and without reservations. The Polish approach is perceived as a positive example of a country’s response to the challenges resulting from recognizing local self-governments as institutions typical of a political system. This article presents the achievements of the Polish legislator in terms of the law of self-government, including a verification of the efficiency of these achievements in view of local self-governance practice. The degree of implementation of the Charter’s provision in the Polish legal system is also outlined. The article covers not only the issues related to a diagnosis of the current state of affairs, but also several specific proposals, guidelines, and suggestions in terms of improving the existing situation.</p> Joanna Radwanowicz-Wanczewska, Dorota Dąbek ##submission.copyrightStatement## http://pub.lex-localis.info/index.php/LexLocalis/article/view/1107 Tue, 23 Oct 2018 12:39:12 Central Europe Daylight Time Challenges of the Implementation of the European Charter of Local Self-Government in Estonian Legislation http://pub.lex-localis.info/index.php/LexLocalis/article/view/1042 <p>The restoration of local self-government, initially at two levels, began in Estonia in 1989. Since 1993, local self-government has been a single-level system comprising of cities and rural municipalities. There were about 250. The need to carry out an administrative-territorial reform was discussed for years; meanwhile, several voluntary mergers took place. A national reform was completed only in the autumn of 2017. The Constitution of Estonia, specifically Articles 154-160 are very much in keeping with the principles of the European Charter of Local Self-Government, although the Charter was ratified two years after the Constitution was adopted in 1992. The Charter is of great importance in legislation and in case law. The biggest problems relate to the funding of local government, which has been highlighted by CLRAE in its monitoring reports. From the point of view of local governments' economic autonomy, the low share of local taxes in local budgets is a significant shortcoming. At the initiative of researchers focusing on local self-government issues at universities, a think tank POLIS was set up.</p> Sulev Lääne, Sulev Mäeltsemees, Vallo Olle ##submission.copyrightStatement## http://pub.lex-localis.info/index.php/LexLocalis/article/view/1042 Tue, 23 Oct 2018 12:44:35 Central Europe Daylight Time