Η κρατική εποπτεία στις πράξεις της πρωτοβάθμιας αυτοδιοίκησης

Abstract

The paper deals with the issue of state supervision in local self- government agencies and in particular in first degree local authorities. It aims to deepen the issue of checking the legality of the actions of local authorities, both through the secondary research of legislation, jurisprudence and scientific literature, as well as primary research of data from the public administration that highlight the practical challenges in implementing the constitutionally enshrined institution of state supervision. Through the presentation of the historical origin of the current legal framework, as shown by the Constitution, the European Charter of Local Self-Government and the common legislation, as well as the trends observed at international European level, an attempt is made to interpret the factors that led to the current situation. At the same time, the challenges and problems that arise during the practical implementation of the legal framework are identified, mainly through the conclusions of the Ombudsman's reports. Combining the theoretical framework with the primary research into factual data from the public administration, the paper contributes an empirical research to the decisions issued by the 1st Special Committee of s. 152 of Law 3463/2006 of the Decentralized Administration of Macedonia-Thrace for the year 2021 during the exercise of legality check. The research results offer valuable conclusions in a research field in which there is a lack of published data. In addition, the recent decision no. 72/2022 CoS which, although issued in the context of disciplinary check, the second pillar of state supervision, nevertheless, essentially concerns a broader and very crucial issue of state supervision and the exercise of legality check, which is in particular the binding nature of the assent of the disciplinary council. A new interpretation approach is stated in the decision, which may have important practical consequences