Kritički osvrt na nova rešenja u novom Zakonu o lokalnoj samoupravi Republike Srbije
A Critical Review On The New Solutions In The New Law On Local Self-Government In The Republic Of Serbia

Summary/Abstract: Over the last twelve years three laws regulating the problems of local self-government have been passed in the Republic of Serbia. The present Law on Local Self-Government of the Republic of Serbia represents harmonization of some solutions with the European standards that have been stipulated under the European Charter on Local Self-Government and, to the greatest extent, is coherent with the solutions in the field of local self-government of the European Union states. That what can be noted are nearly identical solutions in the law of the Republic of Serbia and the laws that have already been passed or are prepared to be passed in the Balkans states and, first of all, in the states of former Socialist Federal Republic of Yugoslavia. With regard to the previous law there are some new solutions, but there is no a completely new concept of the local self-government in the Republic that has otherwise been announced. The solutions adopted are not radically new ones, so that wider authorizations of the local self-government, as expected, have not been defined. Although the new law slightly differs from the previous one concerning some more modern solutions, a conclusion can be drawn that extent of changes expected is relatively low. There are still many questions that have not been covered under this law, but which should be regulated, while there are questions that should be differently regulated than in the adopted law. Approaching in a relatively near future is enacamnet of one more, again new, Law on Local Self-Government. That new law would have to regulate some more questions which have been so far beyond the legal regulations. A conclusion can be drawn that at present there is no readiness, nor it has been earlier, for deeper changes in the system of local self-government. To be sure, it must be admitted that each law is somewhat better than the previous one, but it is not by far that what the expert and scientific public have been waiting for, and probably the citizens as well. Obviously, there is no political consensus for more fundamental changes in this field, so that is why the solutions adopted are at the level of classical and traditional solutions, without paying respects to the specifics and former experiences (whether good or bad). Therefore, enactment of new laws that regulate the problems of the local self-government shall have to follow.

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