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Central European Papers
|
2018
|
vol. 6
|
issue 2
56-65
EN
The paper deals with the local referendum and assembly of municipality inhabitants as the forms of direct democracy under the conditions of the Slovak Republic. The paper pays the special attention to highlighting the legal and application problems connected with these institutions in the Slovak Republic. The problems are caused especially by the legal regulation which is terse in its content, unambiguous and essentially incorrect, what, in the end, influences the exercise of local self-government. The aim of the paper is to identify the position of local referendum and assembly of municipality inhabitants as the form of exercise of local self-government, along with other forms, through the analysis of respective scientific literature, legal regulations and other sources and I will try to highlight the specific lacks mainly in the legal regulation, to evaluate the situation and to provide some suggestions and solutions.
EN
The article is focused on the principle of transparency in the context of the practise of local self-government. The given issue must also be perceived in cooperation with the information obligation in the exercise of public power. We consider the principle of transparency and the obligation to provide information to be legal and legitimate requirements of public control. The practice of official public authority must withstand this obligation. The aim of the article will be to define the institute and put it into a practical context by information sources (literature and several national and international generally legal regulations and other acts). Part of the article will also contain specific information from selected municipalities in the Slovak Republic. It is necessary to use the necessary scientific methods to investigate the issue, in addition to the already mentioned analysis, we will use methods such as synthesis, induction, deduction, logical abstraction, summarization and others. The article also specifically focuses on highlighting the attribute of rationalization of the municipality's activities in a given sphere or the democratic principle within the examined form of direct democracy. The result of the analysis of the topic will also be the identification of problem areas in terms of theory and practice and the offer of possible solutions to remedy the negative situation.
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