ENTITIES OD LOCAL SELF-GOVERNMENT AS POSSIBLE HOLDERS OF HUMAN RIGHTS
ENTITIES OD LOCAL SELF-GOVERNMENT AS POSSIBLE HOLDERS OF HUMAN RIGHTS

Summary/Abstract: In this article, with the help of the scientific method of comparison and analysis, the author shows the judicial practice in relation to the position of municipalities and other local self-government units that are public legal entities as possible bearers of human rights. As a rule, these units of local self-government share the principle position of legal entities, which the legal order recognizes (only) as addressees of human rights, but not as holders. From the federal court jurisprudence of some European countries (Germany, Liechtenstein, Switzerland), especially Slovenia, and the United States of America, as representatives of the Anglo-Saxon system, it follows that local communities are recognized or exercise the so-called procedural human rights (because here no connection with the exercise of individual dignity is required) and property rights or the right to submit the so-called communal constitutional appeals when it comes to the protection of local self-government against unconstitutional encroachment on the constitutional right of local self-government. The author believes that the development of municipal ownership is related to human rights, i.e. the municipality as the bearer of human rights, often legally conditioned.

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