Anglo-Saxon type, Continental (French) type - State and municipal service

Anglo-Saxon type

He has a characteristic set of principles for organizing power.

The principle of positive regulation activities of local bodies: the scope of their powers is established through a detailed enumeration of rights and obligations. Local authorities, therefore, have the right to perform only those actions that are directly prescribed by law.

The system of local authorities consists of organizational cells of various types, since there are legislatively clear criteria for delineating competence only for urban and rural areas.

There is no direct subordination of subordinate authorities to higher authorities, and representative bodies of local authority formally act as acting autonomously within the limits of their powers.

Lack of authorized central government in the field.

Along with representative bodies of local self-government, some officials may be elected directly by the population, for example, the sheriffs - the local police chiefs.

The control of the activities of local bodies in the Anglo-Saxon countries is carried out mainly indirectly: through central ministries, and also through the courts.

Continental (French) type

It provides that when determining the competence and conditions for the functioning of local self-government proceed from the so-called "natural-legal doctrine". It is based on the difference between artificially created by acts of central government formations and "naturally" established formations recognized by the central authorities (for example, cities, towns). It is believed that the interests of the state should predominate in governance, while the latter can have considerable independence and be guided primarily by local interests, which is fixed in their competence.

The principles of the continental the construction of power is different than in the Anglo-Saxon system:

1) the principle of "negative regulation" is used; (local authorities have the right to carry out all actions that are not directly prohibited by law);

2) a typically uniform system of government at the grassroots level: the mores of municipalities are used by both urban and rural communities (regardless of the size of the territory and population);

3) the combination of direct state management in localities and local government prevails;

4) there is a well-known subordination of the subordinate links to the superior ones

5) central government commissioners operate in the field;

6) representative bodies are not created at all levels of the system of separation of powers;

7) control over the activities of local self-government bodies is represented by various forms and is carried out on a significant range of issues.

In foreign countries, there are several ways to organize municipal government and, as a consequence, the activities of executive and other bodies of local self-government and the functioning of the municipal service. Taking into account the specifics of the foreign countries, the following five legal forms of the organization of municipal authority are distinguished.

1. Form "strong advice - weak mayor" is characterized by the election of the mayor by the council and restriction of the mayor's rights to coordinate the activities of executive bodies and control over their activities. The mayor is assigned mainly representative and operational-performing functions. The Council has a great deal of rights in the sphere of management, in economic and financial matters, and especially in appointments.

In the UK, each year the elected executive bodies of the municipal councils are their chairmen, and the executive bodies of administrative-territorial units that have the title of a city are mayors and lord mayors who are essentially deprived of real executive functions.

In a number of Germanic lands, the head of the local executive body - the burgomaster - is elected directly by the council, being its chairman. Here the position of the head of the executive apparatus is much stronger than in the UK. The mayor is not only the highest official of local government, but also the chairman of the government of the corresponding land. The position of the German mayor is similar to the status of the head of the communal administration in France, where the municipal council of the commune elects for the term of office the mayor and 1 - 12 of his assistants.

The election of a sole executive body directly by the council is also characteristic of other European countries, such as Austria, Denmark, Spain, etc. Such a way of election is also practiced in many Latin American countries (in Mexico) and some countries of the East (in Egypt).

2. Form "strong mayor - weak advice". This form is characterized by the election of the executive body (mayor) directly by the population, which represents its weighty position in relation to the representative body. The mayor independently resolves many current issues and has the right of suspensive veto on the decisions of the council, which can be overcome only by a qualified majority of the members of the latter.

A similar system exists in most major US cities. Under such a system, the mayor elected by the population (usually for four years) single-handedly appoints and dismisses municipal officials, is responsible for drafting and executing the local budget, independently solves many issues.

In Japan, the heads of the executive apparatus of all administrative-territorial bodies are elected directly by the population: governors in prefectures, mayors in municipalities and headmen in villages. The heads of the local administration have considerable independence in relation to the council. The executive body may not be elected, but appointed from above. In Belgium and Holland, the mayor is appointed by the head of state on the proposal of the relevant council.

3. The form "advice-manager" reflects the desire to "clean up" urban policy, to the elimination of corruption, inefficient and authoritarian rule. The manager is a politically neutral figure, a professional in public administration. Appointed to the post and dismissed by the council, which is elected by the population. The disadvantage of this model is the impossibility or difficulty of the influence of the population on the policy pursued by the manager.

For example, in the USA in medium-sized cities, the mayor does not enjoy real power and performs only representative functions. The real power here belongs to the manager, who is hired by the council for a certain period and the governing municipal apparatus. The Institute of Municipal Governors has also spread in Germany, Norway, Sweden, Finland and a number of other countries.

4. Commission form. The commission is formed from elected representatives - commissioners, each of which manages a department of the city government. In this model, the presence of a senior official is not expected. Its dignity is the absence of separation of powers, although it leads to a slowdown in decision-making. The drawback of this model may be lack of control, lack of necessary experience, advocacy of interests of only its departments, destabilization and lack of cooperation.

In particular, in Italy, the representative bodies of the provinces and municipalities form executive junta, which are responsible for their activities before the relevant council. The collegial executive body - the magistrate - is formed at the grassroots level and in the German states of Hesse, Bremen, in the cities of Kiel, Frankfurt, Wiesbaden and others. It is elected by the local representative body directly from its membership and usually includes 6-12 members, including the mayor.

5. Combined form. The manager or the chief administrator is subordinate to the mayor, not to the council. The presence of a managing specialist ensures professionalism, and voters have the opportunity to directly influence urban policy, because by voting for or against the mayor who appoints or removes the manager, they vote for maintaining or replacing the city administration.

Specific approaches to the organization and functioning of the municipal service, the definition of the tasks facing it and municipal employees, correspond to the considered legal forms of the organization of the municipal authority.

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