Relationship between the State Administration

An analysis of the legal aspects of the relations between the central government administration and local self-government in Croatia includes:

Table 5.2 Cities in Croatia

Year Number of Cities^a Index Average Index

CountyMore than Special Total Seats 10,000 Reasons

Inhabitants

1992 19^b 35 14 68 100 28,124 100

1998 19^b 52 51 122 179 20,353 72

NOTES: a. Zagreb, the capital, is excluded because of its special status.

b. The seat of the County of Zagreb is the City of Zagreb, although it is not included in the structure of the county.

Number of Inhabitants

• regulation of local self-government scope of activities;

• regulation of the management of central administration affairs at the local level;

• supervision of local self-government units by central government bodies when managing self-government activities;

• supervision of local self-government units by central administrative bodies when performing delegated affairs.

1.4.1 Self-government Scope of Activities

When legally determining the scope of self-government activities of local units, independently regulated and managed by their bodies within the limits of the law, it is possible to apply two methods: general clause and enumeration. According to the general clause, the self-government scope of activities encompasses all affairs that are not excluded expressly by law, either because they are entrusted to the central or regional authorities or because they are explicitly prohibited.

In contrast, in the case of enumeration, only the affairs that are allocated specifically to local self-government units are considered “local.”

The Croatian Constitution is imprecise in this regard. In the constitutional definition of local self-government there are some examples of issues that can be decided by local bodies, but no explicit list of local affairs is given. From the formulation of this norm it can be concluded that the constitution favors a broader determination of local affairs and that there was no intention to limit the range of local affairs in advance.

However, the Croatian legislator treats this constitutional norm as if the method of enumeration had been chosen. In the Law on Local Self-government there is an explicit list of affairs that are in the scope of self-government for communes and counties. Indeed, these affairs are described in general terms, but from the wording of the legal text, there is no doubt that enumeration is applied.

The exception is made in the scope of activities of city self-government, according to which a city can manage all affairs within the self-government scope of a commune and all other affairs that are connected directly to the interest of the city if they are not within the competence of other bodies.

If previously there was some hesitation about which method of determining the local self-government scope of activities is applied in Croatia, all doubts were dispelled by the Law on the Determination of Affairs of the Self-government Scope of Local Self-government Units passed on 30 July 1993.

In this law, there is a detailed list of self-government affairs, and it is determined precisely which are to be performed by municipalities and by counties. It also is prescribed that all affairs not determined by law as local affairs are to be carried out by the ministries and other central administration bodies.

Therefore, one can conclude that Croatian legislation has adopted the method of enumeration in determining the scope of local self-government activities. This does not correspond with the European Charter of Local Self-government, which in paragraph 2, article 4 states that local

authorities shall have full discretion within the limits of the law to exercise initiatives with regard to any matter that is neither excluded from their competence nor assigned to any other authority.

1.4.2 Central Administration Affairs at the Local Level

For the performance of central government affairs in the field, there are two main possibilities.

One is that separate bodies of the central government administration, completely detached from local self-government units, manage the local elements of central affairs. The other is to entrust the performance of central affairs to local self-government units (“delegated” scope of activities), which then conduct these affairs together with their original, self-government activities. Some combinations of these basic solutions are also possible.

The Croatian Constitution provides for both possibilities. Field offices of central administration in the territories of communes and districts or cities may be established, the organization and competence of which are determined by law. At the same time, some specific affairs of the central administration may be delegated by law to local self-government units. In the performance of these affairs, the bodies of local self-government units are subordinated to the central government.

Proceeding from these constitutional options, Croatian legislation prescribes a mixed system of performing central government affairs in the field. First, ministries and other central administrative organizations may establish branch offices in a county, city or commune. They are managed by the head who is appointed, subordinate to and released from duty by the minister or director.

The ministries in so-called traditional government departments use this option. The Ministry of Defense has organized its offices at the county level, with field offices in cities and larger communes. The Ministry of Internal Affairs has established police departments in counties and police stations in municipalities. The Tax Administration of the Ministry of Finance has branch offices in counties and field offices in cities. The Customs Administration of the same ministry has offices in major cities and branch offices at border crossings. Apart from these ministries, a network of territorial agencies has been organized by the Ministry of Reconstruction and Development, the Ministry of Maritime Affairs, Transport and Communication and the Ministry of Agriculture and Forestry, but only for some of their services.

Second, the law provides that county offices (CAD) be established as state administration bodies at the local level (the city offices of Zagreb have the same status). These offices carry out the affairs of the state administration of the first level on presumption—that is, unless otherwise prescribed by law (see section 3.1). Special responsibility for the performance of the affairs of the state administration in counties lies with county governors and the mayor of the City of Zagreb; the law refers to them as “representatives of the state.” In this regard, the central government has strong influence on the election and the release from duty of these officials. The representative body of the county elects county governors and their deputies (the same applies

to the mayor of the City of Zagreb and his or her deputies), but their appointments must be confirmed by the president of the republic. If the president of the republic refuses to provide such confirmation (since law does not state the particular reasons for which the head of state may reject their appointments, such decisions therefore are made at his or her discretion), the county assembly is obligated to elect another county governor. If this does not take place within fourteen days or if the second proposed county governor is not confirmed by the head of state, then the county governor and his or her deputies are appointed directly by the president of the republic.

Finally, in the Croatian legal system the delegation of central activities is also possible. Some affairs of central administration can be delegated to municipal administrative bodies by a separate law. The municipal mayors are responsible for the lawful and professional exercise of such affairs.

1.4.3 State Supervision in the Scope of Self-government Activities

The Constitution of the Republic of Croatia proclaims the independence of local units in managing affairs of self-government and in principle limits the control of central government bodies to supervision over legality. It is not specified, however, if this encompasses an examination of the adjustment of local decisions to the regulations of central executive and administrative authorities (for example, government decrees or ministerial regulations).

Supervision over the legality of general self-government acts of local representative bodies is carried out by all central government administration bodies, each within its scope of activities.

In other words, the model of dispersed supervision is utilized. In unclear situations, it is presumed that the Ministry of Administration is responsible for supervision.

The supervision procedure itself must pass through several instances to reach a final decision.

The first instance is the municipal mayor, as he or she is responsible for the legality of local general acts. If the municipal mayor finds that an act is in contradiction with the law, he or she is authorized to prevent the execution of such a decision and demand that the local representative body address the flaws in question within fifteen days. If the local representative body fails to do so, the municipal mayor must inform the central administration body competent for the supervision of legality within seven days.

If the municipal mayor fails to note that the general act is contrary to the law, then a higher instance—the county governor—is involved directly in the procedure of supervision. Namely, the municipal mayor must submit to the county governor the bylaws and every general act passed by the municipal or city council within eight days of adoption. If the county governor establishes that the act is in contradiction with the law, he or she is obligated to inform the competent body of the central administration within eight days. The same obligation rests with the county governor concerning the bylaws and general acts of the county assembly.

When a body of the central government administration finds that a local general act is in contra-diction with the law, it suspends its execution, unless this has been accomplished in the interim by lower instances. Furthermore, it proposes to the government the initiation of proceedings with the Constitutional Court to determine the legality of the suspended act. The government decides independently on the initiation of such proceedings based on the importance and degree of violation of the law. However, this procedure must be enacted quickly; if proceedings are not initiated within thirty days from the date of suspension, then the suspension of the execution of the conflicting act automatically is lifted. The final decision is made by the Constitutional Court, which may decide to annul or to rescind the act, depending on the seriousness of the violation of law.

The law authorizes the government, on proposal of the Ministry of Administration, to dissolve a local representative body if it repeatedly passes general acts that contradict the Constitution and the law.⁷ However, court protection is secured against such decisions. Namely, the president of the dissolved representative body within forty-eight hours of such a decision may submit a complaint to the Constitutional Court, which is obligated to produce a judgment within seven days. When the representative body is dissolved, the government appoints a commissioner for that particular local unit. The commissioner manages local affairs until elections for a new representative body take place. Local elections must be held within sixty days of the dissolution.

Concerning individual administrative acts dealing with issues concerning the rights, obligations and liabilities of physical and individual persons passed by the administrative bodies of local government units in the scope of their self-government activities, the procedure of supervision is regulated somewhat differently. Supervision of the legality of these acts is achieved through complaint and other remedies provided for in the Law on General Administrative Procedures.

A complaint against an individual act of a municipal body may be filed with the competent administrative body of the county. If it was decided in the first instance by an administrative body of the county, it goes to the competent ministry. An administrative action can be initiated against a second instance decision of the county administration or a ministry before the Administrative Court of Croatia.

1.4.4 State Supervision of Delegated Activities

When the affairs of central government administration are delegated to municipalities, government bodies have much more intensive responsibilities of supervision; they are required to supervise not only legality but also appropriateness, effectiveness and efficiency of activities, which also extends to the capabilities of officials who carry out these affairs. In short, this type of supervision is similar to the hierarchical control that exists within the government administration.

In principle, county offices carry out administrative supervision of municipal bodies that manage delegated affairs of the state administration. However, central ministries and state administrative organizations also may act in a supervisory role.

A supervisory body has a whole range of powers in the execution of supervision. It may require reports, data and other information; discuss the situation within the supervisory body; propose measures to be taken in order to conduct the affairs of government administration; initiate proceedings to establish liability of officials who manage these affairs; reassign supervision, et cetera.

In connection with delegated activities, the competent ministry may prescribe general and specific orders for the municipal mayors. If they repeatedly avoid following them, the minister of administration may release them from duty.⁸ The same power resides in the government concerning county governors and the mayor of Zagreb. In addition, the government alone may abolish municipal regulations in connection with affairs of state administration due to not only illegality but also unconformity with the government’s policy.