TEORIJSKE OSNOVE LOKALNE SAMOUPRAVE I NJENA ULOGA U SAVREMENOJ DRŽAVI

Abstract

Theoretical presumptions and historical processes of occurence and development of local self-governance as a legal and political institution are elaborated in this piece of work. In the context of contemplating on contemporary theoretical concept of local self-governance the very emergence and growth of local communities are particularly explained, which had occured as the primary forms of territorial and common interest- bounded grouping of people in the process of human civilisation. Spatial closeness of people and common needs conditioned by it determined creation of norms, behaviour codes, and rights and duties characteristic of shared living conditions of those people in the local communities. Territorialisation of the society was followed up by territorialisation of governance. Common activities with objective to meet the needs take on terrirorial frame. Accordingly, the need to regulate the relations inside a local community led to the emergence of the first institutions of political authority. In fact, mergance of smaller territorial unities created more complex territorial governance systems, such as a state. This fact has had such an impact that even upon forming of a state its internal division into local communities remained intact. The state then acknowledged the right to autonomy to the local communities by forming units of local self-governance. Withing the context in question hereby, a clear distinction is made between terms local self- governance as an institutionalised form of meeting needs and interests of citizens within local communities and the term local community as a social and natural basis of local self-governance. The primary unit of local self-governance in all democratic states is municipality. It has its territory, elected bodies and institutions as well as local competences to enable it to influence economical and social development of local community. Within such unit the citizens directly and through their elected representatives govern public affairs of interest to them, except for the matters in charge of higher levels of authority. This citizens’ right is guaranteed both by law and constitution in all democratic states. Modern theoretical concept of local self- governance in contemporary states is explained from the aspect of decentralisation of political power and strenghtening of democratic institutions and values.