The development of local democracy requires regulations that will support
organizational, financial, material and territorial reforms in local
self-government; local populations must manage their own affairs either
directly or through bodies of local self-government. From the view of
democratic management, it would be ideal for the people of a community to
address their affairs directly—that is, to participate in all
decision-making. In practice, this is impossible in a modern local community
as such issues are too various, complicated and frequent to include the entire
population. If local self-government is to be democratic, however, it must
respond to the needs of the local population. This is only possible if the
population directly influences the formation of the most important local
bodies—that is, representative bodies elected by the local community—which
make the most important decisions on behalf of the inhabitants based on their
interests. The operation of such self-government, the stabilization of
relations among representative bodies and utilization of direct democracy is
also vital.
The Constitution of the Republic of Slovenia establishes local
government autonomy and states that its citizens exercise local government
powers and functions through representative bodies and other organizations.
The Law on Local Self-government, enacted in 1993 and revised six times since,
defines the operations, rights and authority of local self-governments and
their relationship to the state.
The constitution defines self-government on both municipal and regional
levels, but to date only the former exists in practice. Laws creating regions
as the second level of local self-government, regulating regional development
and redefining status of municipalities are in preparation. The areas of local
self-government competence are defined and revised regularly through
legislation that conforms with the European Charter of Local Self-government,
which was ratified by Slovenia in 1996 and enacted in 1997.
1.1 Legal Basis for Self-government
The Constitution of the Republic of Slovenia protects the autonomy
of local self-government and states that the Slovene people exercise such
authority and functions through self-governing units (municipalities and
regions). A municipality may comprise a single settlement or a number of
settlements whose inhabitants are bound together by common needs and
interests. The Law on Establishing Municipalities and Determining Their
Territory and the Law on Local Self-government stipulate that municipal
councils, local community councils or citizens’ assemblies must participate
in decisions to change or create the territorial structure of a municipality.
In accordance with the Law on Referendums and People's Initiatives, a
municipality may be established following a local referendum that ascertains
public opinion in the affected area. On the basis of initial research and the
referendum, the National Assembly (parliament) legally recognizes such new
administrative units and approves the demarcation of their territories.
A municipality generally has at least five thousand inhabitants, although
exceptions may be made due to geographic location or for national, historical
or economic reasons. In 1994, 147 new municipalities were established, and
another 45 were added in 1998. Slovenia’s administrative structure currently
is comprised of 192 municipalities, eleven of which are urban municipalities.
The breakdown of municipalities by population is presented in Annex 9.2.
Narrower constituencies of a municipality may be established on its
territory (local, village and ward communities). Prior to establishing these
subunits or altering their territories, the municipal council must determine
by means of a town meeting or referendum the interests of the population of
the areas in which a constituent part is to be created.
A municipality’s duties include local matters affecting its inhabitants,
which the municipality independently may determine. The state may vest such
functions in municipalities and wider local self-government bodies through
legislative acts, subject to their consent and to the provision of the
financial necessary means for performing such duties. The constitution
provides that the municipality may raise its own revenues. Municipalities that
are unable to meet all required expenditures in performing their duties due to
poor economic development are eligible for additional financial assistance
from the state. The services provided by municipal local governments are
presented in section 2.3.
The constitution also introduces the concept of "urban
municipalities." The urban municipality is a compact settlement or group
of settlements in a unified area, where towns and villages are linked by the
daily commuting of the population. A town or city may acquire the status of an
urban municipality if it has at least twenty thousand inhabitants, is the
place of employment of fifteen thousand individuals, and if it is the
geographic, economic and cultural center of the area. The National Assembly
founds urban municipalities through legislative acts, which also determine the
territory and name of urban municipalities. Statistics on the number of urban
municipalities in Slovenia and their populations are presented in Annex 9.2.
Specific duties and functions relating to urban development may be assigned
by the state to urban municipalities (described in section 2.3). An urban
municipality may perform regional administrative functions if so determined by
the municipalities of the region. In addition to local matters of public
importance, city municipalities must also perform specific tasks that fall
under national jurisdiction and that apply to the development of towns.
Finally, the Law on Local Self-government provides for the establishment of
special status municipalities due to specific conditions with regard to
location or level of development. Procedures for establishing such
municipalities will be outlined in the Law for the Promotion of Regional
Development, which is currently under preparation.
1.2 Legal Basis of Regional Self-governments
As mentioned above, the constitution also provides for the establishment of
regional self-government bodies. Such regional governments will be established
on the basis of the Law on Regions, which is under preparation and which will
introduce legal norms and procedures for founding regions and facilitate their
functioning. The Slovene government has submitted draft legislation to this
effect to the National Assembly for preliminary review.
Regions will become the second level of local self-government and will
serve as obligatory, multipurpose facilitators of cooperation among several
municipal self-government bodies. In accordance with the constitution and the
Law on Local Self-government, the region performs duties of wider interest
determined by the municipalities themselves related to community services;
economic, cultural and social development of the territory; and strengthening
and developing local self-government. The region will also perform duties
assigned by the state. The law on the transfer of duties from state
jurisdiction to regional jurisdiction will determine the method of funding the
implementation of these duties.
Currently, the constitution allows municipalities to independently and
voluntarily form regions by integrating into communities or forming alliances
of two or more municipalities in order to regulate and perform local tasks of
broader interest.
- Relationship between State Administration and Local Government
There are fifty-eight state administrative units in Slovenia, which are
territorial bodies with their own fields of operation, competence, functions
and authority. They have jurisdiction over one or several municipalities with
regard to competencies delegated by the state. Advisory committees are formed
in order to ensure cooperation and coordination between municipal bodies and
administrative units. Members of these committees are appointed and dismissed
by municipal councils.
The Law on Administration and the Law on Local Self-government determine
the competence of state authorities. Administrative units of the ministries at
the local level monitor local communities in their own specialized area.
Ministries and state administrative units may comment on matters of municipal
competence when an act is not in accordance with the constitution or law and
may suggest an appropriate solution. If the municipal body fails to harmonize
its decision with such legislation, the supervisory body must advise the
government to initiate proceedings with the Constitutional Court. The
supervisory body, however, does not have the power to invalidate or amend
decisions made by municipal bodies; this is possible only through the
Constitutional Court or administrative courts. In some cases, the supervisory
body may temporarily perform the duties of the municipal body in order to
ensure the regular provision of civil services to its inhabitants.
The regulation of municipal bodies is different concerning duties assigned
by the state. In such cases, ministries review the work of municipal bodies
and ensure the appropriate and uninterrupted performance of state duties. In
order to ensure quality, the supervisory body may dictate reorganization of
the project, job conditions or other instructions. If the ministry discovers
that the municipal body did not perform the duties vested in it, a decree is
issued ordering the implementation of specific measures or, after issuing
numerous warnings, the ministry advises the government to initiate procedures
to withdraw duties assigned to the municipality. In such cases the
municipality may appeal the allegations in court.
Monitoring the effectiveness of municipal bodies is primarily the
responsibility of the mayor, as the official who proposes the most important
municipal acts and administers the municipal budget. The mayor is obliged to
ensure the lawfulness of his or her proposals and has the right to prevent the
municipal council from issuing regulations that are unconstitutional or
illegal. The municipal council also is responsible for ensuring the legality
of its own actions.
A municipality may file an administrative dispute against a supervisory
body if the municipality maintains that the supervising body has not acted
legally or appropriately. The municipality may submit a request to the
Constitutional Court to consider the constitutional and legal character of
decisions and regulations issued by a state body if such legislation restricts
its autonomy as defined by the constitution and law.
2 Local Politics, Decision-Making
2.1 The System of Local Elections
The Law on Local Elections and the Law on Local Self-government regulate
local elections. The former addresses procedures for the elections of
municipal councils and mayors, regional councils and councils of town, village
and ward communities. General municipal council elections are held every four
years, although they may be called earlier. The president of the National
Assembly announces regular elections, and the mayor calls early elections.
All inhabitants of a local community of legal age who are citizens of
Slovenia have the right to vote. The election law establishes a majority
electoral system for municipalities with less than twelve council members and
a proportional electoral system for municipalities with more than twelve
council members. Citizens vote for individual candidates in accordance with
the majority system, and for lists of candidates where the proportional system
is utilized.
The municipal council is the representative body of the municipality and is
directly elected by the inhabitants of a municipality, in line with modern
standards of democracy. In addition to the municipal council, which makes the
fundamental decisions in a municipality, the mayor, elected directly with a
four-year mandate, also has the status of an official body of the
municipality. The mayor is elected by simple majority. Since a candidate
rarely receives the required majority in the first round of elections, a
second round generally is held between the two candidates with the most votes.
Candidates and lists of candidates can be endorsed by political parties or by
the voters in an electoral unit.
The Law on Local Elections establishes that voters nominate candidates by
petition or at voters assemblies. During the latter, candidates are selected
after being proposed by voters. Each voter may propose at most the same number
of candidates as there are seats on the council. Nominated individuals are
selected if at least thirty citizens—or if the electoral unit has fewer than
five hundred residents, at least fifteen citizens—voted at the assembly in
the electoral unit.
The Law on Local Self-government stipulates that the National Assembly may
dissolve a municipal council and announce early elections if the council fails
to achieve a quorum after being called at least three times in a six-month
period, or if the municipal council fails to enact a budget for two
consecutive years. Legislation also allows the National Assembly, on proposal
of the government, to dissolve a municipal council in the event that it passes
unconstitutional or illegal acts, fails to execute the rulings of competent
courts, does not fulfill its legal duties or otherwise violates the law and
fails to correct such violations.
A proposed amendment to the Law on Local Self-government would allow the
National Assembly to relieve the mayor and deputy mayor of their duties and
appoint a temporary manager in the event that a municipal council is
dissolved. Until the election of the new bodies of the municipality, the
temporary manager would conduct the responsibilities of the mayor. When a
municipal council is dissolved, the National Assembly announces early
elections for the mayor and municipal council.
The Law on Political Parties regulates the financing of election campaigns
and determines the method of providing financial support for parties, but not
for individual candidates. According to the law, parties acquire funds from
membership fees, private contributions from organizations and individuals,
revenue from assets, donations and bequests and profits from the income of
enterprises owned by a particular party. A party whose candidates are elected
to the National Assembly is eligible for financial support. The cost of
conducting local elections is otherwise covered by the municipalities. The Law
on Election Campaigns regulates matters concerning campaigning through the
public media and other forms of communication, organizating election rallies
and financing election campaigns.
The term of office of elected members of the municipal council is four
years. According to the law, resignation is possible, although procedures are
not specified. Current legislation does not provide for the recall of the
mayor or members of the municipal council.
Figure 9.1
Political Representation in Municipal Councils in Slovenia

The political participation of both sexes in Slovenia is not a question of
"fair" representation but a matter of different perceptions and
approaches. Women have the same rights as men to stand as candidates and
establish themselves in politics. Nonetheless, women are represented poorly in
politics. There is no regulation that establishes quotas for women in
parliament or other bodies of authority.
2.2
Forms of Direct Democracy
The Constitution of the Republic of Slovenia and the Law on Local
Self-government define the forms of citizen participation in decision-making
on local public affairs, including citizens’ assemblies, local referendums
and people’s initiatives.
A citizens’ assembly is called, in accordance with municipal statutes, by
the mayor, by the municipal council or the council of a constituent part of
the municipality, or by five percent of the voters in a municipality or one of
its constituent parts. In accordance with the law and the municipality’s
statutes, citizens discuss individual matters in the competence of the
municipality and make proposals or pass decisions at these assemblies.
Various types of referendum can be held in local communities. Preliminary
referendums are called by the National Assembly to establish a municipality
and define or alter its territory, change the name or seat of the municipality
and establish regions. The municipal council may, following a request by
voters, call an advisory referendum on an issue of special importance to the
local community or on acts concerning the municipality’s affairs, with the
exception of those concerning the budget, municipal taxes and other duties.
The outcome of a referendum is binding for all municipal bodies until the
expiry of their mandate. All citizens who have the right to elect members of
the municipal council have the right to participate in referendums. A decision
is adopted by referendum if supported by a majority of those who voted.
The issuance or cancellation of a general act within the competence of the
municipal council or other municipal bodies may be enacted through people’s
initiatives by no less than five percent of a municipality’s voters. The
body to which such an initiative is addressed must decide on the matter within
the deadline defined by municipal statutes or no later than within three
months.
2.3 Distribution of Powers among Different
Levels of Local Government
The Law on Local Self-government clearly determines the responsibilities
that are performed independently by the municipality. Such duties are defined
in each municipality’s statutes and by law. In addition to the duties
performed by all municipalities, urban municipalities also have functions
related to the development of the town or city.
The basic needs of the population that the municipality is obligated to
address include:
- primary education;
- primary health care;
- provision of essential utilities;
- municipal services;
- postal and banking services;
- library facilities;
- premises for local administration;
- public transportation
- public space maintenance and use.
In addition to the duties of municipalities, those with city status must:
- regulate local public transportation;
- regulate public spaces and the construction of facilities;
- perform tasks in the area of geodesic services;
- administer a public network of primary, secondary, vocational and higher
education institutions and libraries in their territories;
- ensure secondary public health service in their territories, including
the administration of hospitals;
- provide a network of civil services;
- establish telecommunications centers and specialized information
documentation centers, as well as local radio and television stations and
press;
- support cultural activities (theaters, museums, archives) and sport and
recreation facilities;
- administers all housing matters in accordance with the Housing Law,
including maintenance of registers and contracts, monitoring of rents and
issuance of construction permits and building inspections.
2.4 Internal Structure of Local Government
Decision-Making
Municipal bodies that exercise local self-government include the municipal
council, the mayor, the supervisory board and the elections commission.
The municipal council is the highest decision-making body on all matters
concerning the rights and duties of the municipality. The council passes
general acts, approves the municipal budget and supervises the performance of
the mayor and the municipal administration to ensure implementation of council
decisions. The municipal council performs the following functions:
- adopts statutes, decrees and other municipal acts according to which the
rights and obligations of organizations and individuals in the
municipality are regulated;
- adopts land and other development plans;
- adopts the budget and final financial report of the municipality;
- gives consent when particular duties are transferred from state
jurisdiction to the municipality;
- appoints and dismisses members of the supervisory committee, members of
commissions and committees of the council, representatives of the
municipality in the advisory committee of the head of the state local
administrative unit and other representatives of the municipality in
public enterprises, institutions, foundations, et cetera and appoints,
upon proposal of the mayor, the deputy mayor(s) and the secretary of the
municipal administration;
- communicates its opinion on the appointment of the head of the
administrative unit;
- decides on the acquisition and divestment of municipal property (if the
mayor is not authorized to do so by municipal act);
- decides on other matters determined by law and by the statutes of the
municipality.
The municipal council is comprised of between seven and forty-five members
proportionate to the number of inhabitants in the municipality who are elected
by citizens on the basis of general and equal voting rights at free and direct
elections by secret ballot. Members of municipal councils are elected
according to the majority or proportional system depending on the number of
members of the municipal council (the majority system applies in cases of up
to twelve members, and the proportional system for more than twelve);
representatives of minority communities are elected according to the majority
system.
The mayor represents the municipality, and he or she is its legal
representative. The mayor proposes the municipal budget, decrees and other
acts within the jurisdiction of the council and is responsible for the
implementation of council decisions. The mayor is the head of the municipal
administration. On the basis of the Act on the Organization and Field of
Operation of the Municipal Administration, the mayor determines the structure
of the municipal administration, appoints and employs municipal administrative
staff and organizes and heads the municipal office. Neither the mayor nor the
municipal council has the right to demand the resignation of another municipal
body.
The supervisory board regulates the management of municipal assets, ensures
the purpose and efficiency of budgetary expenditures and monitors financial
operations. Supervisory board members are appointed and dismissed by the
council and may not be members of the council, municipal administrators,
public employees or members of the management of budgetary organizations.
The council appoints the municipal elections commission, which is
responsible for ensuring the legality of municipal council elections,
approving candidates, establishing polling stations, appointing elections
boards, assessing election results, et cetera.
2.5 Ethnic Issues, Multicultural Government
Due to the constitutional provisions on representation of members of
recognized ethnic communities, the law on Local Self-government stipulates
that in ethnically mixed areas, the Italian or Hungarian communities must have
at least one representative on the municipal council. The transitional
provisions of the Law on Local Elections stipulate that one-tenth of all
municipal councilors represent minority groups. In addition to these two
ethnic groups, the Roma community also has representatives in municipal
councils in areas where this community is indigenous. Such councilors
specifically are responsible for representing ethnic groups on acts that
relate to the exercising of special rights of the Italian or Hungarian
minorities.
2.6 Local Government Associations and
International Contacts
According to the provisions of the Law on Local Self-government, local
authorities cooperate among themselves on the principles of free will and
solidarity. They may collect funds and designate common bodies and
organizations for the performance of common duties.
Municipalities may also integrate into other communities or form alliances
of two or more municipalities in order to regulate and perform matters of
interest to a broader territory. Their statutes determine the manner of
integration and the status of these communities. Such communities and
alliances and their common bodies and organizations have status equal to that
of municipal administrations and organizations in relations with the state
administration.
Local governments may cooperate freely with foreign local communities and
with local community international organizations. Municipalities collaborate
on local self-government development and local service implementation.
Municipalities appointed a working group, the Permanent Conference of Local
Communities, which in April 1997 initiated changes and additions to the Law on
Local Self-government. The Slovene Local Government Office stated that certain
provisions of the current Law on Local Self-government cause unnecessary
difficulties in practice and therefore need to be changed or amended. However,
this mostly involves provisions that are difficult to implement because they
are systemically incompatible with the nature of the exercising of local
authority.
3 Local Administration, Service Provision
3.1 Structure and Operation of Local
Administration
There are no legal provisions concerning the internal structure of
municipal administration. The organization of services and departments within
an office depends on the size of the municipality. In small municipalities,
the structure of the office is based on functional principles; a single
municipal authority is created. In large municipalities, departments are
formed that are responsible for particular spheres (public activities,
economic activities, finance, et cetera). Urban municipalities are organized
according to the departmental principle.
The municipal council adopts standing orders on its work and on the
organization of the municipal administration. Within a month after adopting
this resolution, the mayor issues an act on the systemization of jobs in the
municipal administration in accordance with the Local Administration Act and
the Law on State Administration Employees. This act represents the basis for
the employment and legal status of workers and specifies conditions for
acquiring jobs. The mayor, or the secretary of the municipal administration
with the authorization of the mayor, decides on the appointment or employment
of senior administrative staff, administrative staff and expert technical
staff. The exceptions are, of course, the deputy mayor(s) and secretary of the
municipal administration, whose appointments are the responsibility of the
municipal council upon nomination by the mayor.
It may be determined by statute or decree on the organization of the
municipal administration that the secretary heads the municipal
administration. The secretary of the municipal administration is a functionary
whose duty is the expert guidance of the municipal administration. The
secretary is appointed and dismissed by the municipal council upon nomination
by the mayor and reports to the mayor.
There are four categories of personnel in the municipal administration:
functionaries, senior administrative staff, administrative staff and expert
technical staff. The Law on Local Self-government categorizes members of the
municipal council, the mayor, the deputy mayor and the municipal secretary as
municipal functionaries. Senior administrative staff (advisors to the mayor,
senior advisors) are appointed by the municipal council upon nomination by the
mayor but do not hold the status of functionaries. Administrative staff
(clerks, other public staff) are appointed by the mayor as prescribed in the
employment structure. Expert technical staff (expert employees,
administrators, junior clerks) are not appointed but are posted to their
relevant positions by mayoral decree.
Regulations on employment and salaries for employees in the state
administration are applicable to all municipal administration employees. The
legal status and employment conditions for local community personnel are
regulated by the provisions of the Law on Employment and the Law on Salary
Ratios in Public Institutions, State Bodies and Local Community Bodies.
Provisions of executive regulations issued by the government are also
applicable to local governments, particularly the Decree on Common Grounds for
the Internal Organization and Systemization of Jobs in Administrative Bodies,
the Decree on the Quotients for Determining Basic Salary and Allowances for
Employees in the Services of the Government of the Republic of Slovenia and in
Administrative Bodies, and Regulations on the Promotion of State
Administration Personnel.
3.2 Control, Audit and Supervision of Local
Governments
Municipalities appoint supervisory boards, the responsibilities of which
are to:
- supervise the management of municipal assets;
- supervise the appropriate and efficient use of the budget;
- supervise the financial operations of users of the budget.
Supervision involves assessing and ensuring conformity of activities with
legislation and specified budget objectives.
If commissioned by a municipal body, audits are performed by independent
licensed auditors and by the Accounts Court of the Republic of Slovenia. The
Accounts Court performs audits in accordance with its program; that is, it
performs audits upon the initiative of the municipal body, rather than
annually. The most common cases brought to the Court of Auditors in the last
four years follow.
- Fees paid to local elected officials were too high. Amounts were highest
in 1994 and have decreased since. The amount of overpaid fees in the last
four years totaled approximately USD 705,000 in only twenty-two local
authorities. The Court of Auditors estimated that only ten percent of that
amount was paid back to local budgets. The main problem is that the Court
of Auditors does not have the power to impose obligatory changes on local
governments. In such situations, the legal framework in Slovenia does not
provide for the repayment of income tax or contributions to the pension
fund.
- Reserves were lower than stipulated by law. According to the Law on the
Financing of Local Government, local governments should keep at least 0.5
percent of revenues as reserves to cover unpredicted local community
costs.
- Local property was mismanaged. Local authorities do not update rental
contracts for municipal property or charge regular rents. The Court of
Auditors found that some local governments do not collect all charges or
fees that they are entitled to according to law and therefore lose
additional revenue.
- Local authority borrowing was inappropriate; they borrowed too much or
for purposes not permitted by law, or they made guarantees to nonpublic
companies and institutions. An amendment to the Law on Financing of Local
Government will determine a wider range of purposes for which a local
community may borrow.
Two laws guarantee citizens’ influence on the management of local public
services: the Law on Local Self-government and the Law on Commercial Public
Services. The Law on Local Self-government provides that municipalities
establish a consumer protection council as a mandatory body. This is a
committee of citizens who participate in the decision-making process of the
municipal council when it considers matters pertaining to commercial
(municipal services, road maintenance, gas pipelines, public transport, et
cetera) and social (schools, kindergartens, homes for the elderly, et cetera)
public services. The body submits comments and proposals regarding the
performance of local commercial companies.
The Law on Commercial Public Services stipulates that bodies submit
comments and proposals pertaining to the performance of public services to the
competent authorities of the Republic of Slovenia and of the local community,
which must inform them of measures taken on such proposals. The Law on
Commercial Public Services also regulates the protection of the rights of
individual consumers. In the event of a breach of contract by the provider of
a commercial public service, a consumer may request a competent authority of
the Republic of Slovenia or of the local community to issue a decision on the
consumer’s complaint and to order the provider or contractor to act
accordingly.
3.3 Local Service Delivery
Annex 9.4 shows that the role assumed by local authorities in the provision
of social care, education, health care and housing management differs from
field to field. Some social programs and services are provided directly by
local communities; others are provided indirectly through public institutes or
private individuals. Since there are no special regulatory mechanisms for
coordinating local social services management, cooperation takes place mostly
in the provision of specific services, such as coordination of groups for
dealing with child neglect and abuse (the police, the justice system, social
affairs and the education system). Associations of public institutes, which
operate at a local level, have also been founded; these join institutions on
the basis of common interest such as the Community of Kindergartens, the
Community of Social Institutes or the Community of Social Work Centers.
Together with public and private community services and voluntary
organizations, local communities occupy an increasingly important position in
the provision of services for the needs of individuals and families.
Provisions of health care services is established by the Law on Health
Service. The Health Care Plan, which is currently being considered by
parliament, specifies the network of public health care services at the local
and national levels. In accordance with the Law on Health Care and Health
Insurance, the Health Insurance Institute of Slovenia finances health care,
the rates of which are fixed by parliament. The Health Insurance Institute
signs contracts directly with health care service providers at all levels.
Responsibility for health care is divided between the state and local
communities as follows:
- primary health care (basic health care services and pharmaceutical
practices) is the responsibility of the local community and is provided by
medical clinics, medical centers, pharmacies and private medical workers;
- at the secondary level, health care services are the responsibility of
the state through hospitals and health resorts;
- medical prevention is entirely the responsibility of the local
community;
- emergency medical services are the responsibility of either the state or
local government.
The Law on Health Service stipulates that primary-level medical
institutions be founded by the local community. The duties of a local
community are:
- to develop and implement programs to strengthen the health of the
population on its territory and to secure budgetary funds for such
programs;
- to ensure the execution of sanitation and epidemiological, statistical
and sociomedical services for its territory that are not included in the
national program;
- to develop and carry out activities to maintain a healthy environment;
- to ensure health care for the members of the civil protection forces,
general rescue teams, national defense forces and municipal communication
units, unless this has been organized in some other manner;
- as the founder of public health care centers, to provide investment and
other funds prescribed by the law and the founding act;
- to run a coroner's office.
Local authorities may sign concession contracts with private doctors to
provide medical services in private or public medical centers. The supervision
of health care is conducted through internal mechanisms of medical centers;
the Medical Chamber of Slovenia, which addresses professional issues; the
Ministry of Health, which regulates administration; and the Health Insurance
Institute of Slovenia, which monitors financial activities.
Preschool education is regulated by the Law on the Organization and Funding
of Education and the Law on Kindergartens. Kindergartens, preschools and
nurseries founded by the local community provide a public service. The local
community manages these institutions or appoints public or private
subcontractors, including nonprofit associations, to provide programs for
preschool children (this can be accomplished by several local communities
together, if they so agree). This network must be organized in a manner that
allows parents and children access to and a choice of the most suitable
program. The Law on Kindergartens also contains a provision guaranteeing all
children the right to a place in a public program. Where there are no
kindergartens in the place of residence or where there are not enough
vacancies to satisfy public demand, the local community must secure additional
vacancies in a public kindergarten or publish a call for concession bids to
establish new programs within thirty days. The parents of children who are
unable to attend kindergarten due to illness may exercise the right to
preschool education administered at home.
Preschool educational programs are funded by state funds, the resources of
the local community, payments made by parents, donations and other sources.
Fees are regulated by the Regulations on Payment for Kindergarten Programs.
The amount is determined by the local community that, in accordance with the
law, must secure public funding for kindergarten students. The cost includes
education, care and food, and parents pay between fifteen and eighty-five
percent of the price. The remaining costs are covered from the local community’s
public funds. The amount to be paid by individual parents is determined
according to income level, property value and number of children enrolled in
such programs.
Family support services in social care are organized in compliance with the
Law on Social Care. Two proposed programs, the National Program of Social Care
and the Program of Development of Care for the Elderly, are currently being
discussed by parliament. These programs will specify public social care
services, including family support at the local level. The program of social
care for the elderly contains not only institutional care, but also a plan for
the development of services in the home environment that will reach fifteen
percent of the elderly population. Such care envisages housing, day centers,
residential homes for the elderly, home assistance, long distance services and
the founding of home assistance centers as a part of the network of public
social and health care services. These new initiatives, which local
communities are already developing, will complement current services. Both
programs place special emphasis on pluralization of social services delivery
within the local community.
The local community funds such programs on the basis of the Law on Local
Self-government, which stipulates that it is the responsibility of local
government to provide services for the socially underprivileged, the disabled
and the elderly. On the basis of this law, municipalities allocate funding for
benefits not prescribed by the Law on Social Care, such as the purchase of
schoolbooks, heating benefits, et cetera. Users pay the full commercial price
for most forms of home assistance; depending on the financial situation of the
user, such services may be subsidized by the municipality.
The following public institutes (founded by the state) provide social
services for the needs of a local community:
- social work centers;
- homes for the elderly;
- homes for the mentally and physically handicapped;
- homes for children and young people deprived of a normal family life;
- institutions for training and care of children and young people with
mental handicaps.
Social services have hitherto been provided exclusively by public social
care institutes, but on 12 December 1997 the new Regulations on Concessions in
Social Care came into force, which stipulate:
- procedures to be followed when awarding concessions;
- conditions for applicants for concessions;
- other regulations concerning concessions.
Local communities may, in compliance with the Law on Social Care, award a
concession for personal assistance and family assistance at home, which means
that the local community must provide a public service network for these two
services. The concessions for all other services are awarded by the ministry
responsible for social care. Each subcontractor must satisfy all the
technical, personnel and professional standards established by the state that
apply to social service providers. The state also ensures the professional
monitoring of the provision of these services.
The state and local communities also fund various programs that complement
public services; these are generally provided by nongovernmental organizations
(NGOs). The number of NGOs operating in the area of social care (around two
thousand) has increased since the 1992 amendment of the Law on Social Care,
which defines charity organizations, self-help organizations and organizations
for the disabled as providers of social services.
The state administers the Housing Fund of the Republic of Slovenia,
which enacts the national housing program and encourages the construction,
renovation and maintenance of housing. The criteria for social housing
allocations are established by standing orders drafted jointly by the Ministry
of Labor, Family and Social Affairs and the Ministry of the Environment and
Physical Planning. The resources of the Housing Fund are available to citizens
who are first-time buyers or builders or whose housing has become unsuitable,
residents trying to resolve housing problems by investing in renovation or
extensive maintenance work, and nonprofit housing organizations. The Housing
Fund does not currently grant loans for social housing. However, the Ministry
of the Environment and Physical Planning is planning to promote the
construction of social housing, whereby it would be possible to obtain loans
from the Housing Fund.
The Law on Housing stipulates that it is the duty of local communities to
provide social housing, the construction of which is funded from municipal
budgets and from commercial loans, meaning that the number of new social
apartments depends on the economic standing of an individual municipality.
Local communities have the following responsibilities and duties in the area
of housing:
- to adopt and implement municipal housing programs;
- to secure funds for the construction and acquisition of social housing
and to cover the difference between the rent determined by contract and
other costs incurred under the Housing Law;
- to monitor the average rent in the municipality by category, type and
location of housing;
- to secure conditions for the development of various forms of
construction and renovation work by applying appropriate land planning
policies;
- to adopt guidelines for the design, construction and renovation of
apartments based on local standards;
- to maintain a register of apartments.
Nonprofit organizations are being founded that address housing management.
A nonprofit organization that provides social housing can be registered
legally with the Ministry of the Environment and Physical Planning. The
conditions and rent for nonprofit housing are determined by the state.
Eligibility for social housing is based on income; young families, families
with a large number of children and the disabled are given priority.
Employment and adult education services are established in accordance with
the Law on Employment and Insurance in the Event of Unemployment. The form,
content, conditions, rules and procedures for carrying out programs, training
and employment measures are stipulated by the Regulations on the Execution of
Active Employment Policy Programs and the Regulations on the Execution of
Active Employment Policy Measures. The latter also prescribes the research,
development and execution of experimental programs in the labor market.
The National Employment Office is an independent legal entity with the
status of a public institute that receives funding from the state budget. The
Law on Employment and Insurance in the Event of Unemployment lays down the
foundations for the National Employment Office. There are five government
representatives on its fifteen-member management board, its supreme body. The
board proposes elements for the adoption of an employment development policy;
employment policies, programs and implementation measures; scholarship
policies; et cetera.
The National Employment Office performs professional tasks related to job
placement, employment programs, vocational counseling, the awarding of grants,
and education and training for the unemployed and the disabled. The office is
organized and functions on three levels: the main office, which includes the
head office and the central service; ten regional units; and fifty-nine local
offices throughout Slovenia. Local employment offices directly provide clients
with jobs, employment advice, careers guidance, on-going training and other
employment services. Regional units conduct professional and operational tasks
and are in charge of advising and monitoring the work of local employment
offices. Local authorities work together with regional employment units on the
formulation of local development programs and joint funding.
The active employment policy for 1998 placed local communities among the
four largest target groups. The promotion of local employment initiatives,
which is already taking place in cooperation with the Ministry of Economic
Affairs and other government departments, was intended to develop network and
mechanisms for setting up local social and development partnerships,
especially in regions in which the local economy is in decline. Forty-eight
agreements on local development coalitions have been signed and five regional
centers founded to date. Public work programs include home assistance to the
elderly. The service providers employing people on a public work program vary.
Funding comes from the national budget, the budgets of the municipalities
that requested the particular public work project and contributions by users.
Active employment and adult education programs are implemented and funded by
the state (the Ministry of Labor, Family and Social Affairs and the National
Employment Office). Unemployment insurance funds are provided mostly by the
national budget (around eighty-five percent), as contributions are extremely
low (0.14 percent of a worker's gross wage and 0.06 percent of the total gross
wages paid by the employer). Individual active employment policy programs
receive partial funding from local communities; up to fifty percent of the
funding for public works, and between five and ten percent of the funding for
business workshops, et cetera, are provided by municipalities. A number of
public and private learning centers provide officially recognized educational
programs for adults.
The system of adult education and employment guarantees multilayer links
between the central and local authorities. The Ministry of Labor, Family and
Social Affairs consults its social partners and the representatives of
employers and workers on all important issues relating to employment and adult
education policies. The ministry and the National Employment Office also work
in close cooperation, as the latter is well informed of the situation in
individual communities through its local offices, which deal directly with the
unemployed and with commercial companies. When a crisis situation develops
(the bankruptcy of a large company, for example) cooperation occurs between
the representatives of the company and the trade union, local authorities, the
National Employment Office, the Ministry of Labor, Family and Social Affairs
and the Ministry of Economic Affairs.
In the past, private employment agencies were only allowed to perform
professional services on the basis of a concession grant. Amendments to the
Law on Employment and Insurance in the Event of Unemployment will attempt to
improve the overall efficiency of the employment system. The new provisions
will allow private agencies to conduct job placement, develop employment plans
and implement active employment measures.
4 Local Finance, Economic Development
4.1 Local Revenues
Local government finances are highly centralized in Slovenia. The central
government determines almost all local revenues; only ten percent of all
public revenues are allocated to municipalities.
The 1994 Law on Financing of Local Government regulates the local budget,
types of taxes that local authorities may collect, reserves, local government
borrowing, financial equalization and financial transfers. The types of taxes
that local authorities may impose iinclude gift and inheritance tax, tax on
gambling machines, tax on the use of goods and property tax. Local authorities
are not entitled to introduce any new taxes, and rates are determined by the
central government, with the exception of property tax; from 1996, local
councils can raise this tax by up to five times its assessed legal basis. The
Tax Office assesses, levies and collects taxes on behalf of local governments.
In August 1998 an amendment to the Law on Financing of Local Government was
adopted. The amendment introduced significant changes to the current law.
- The concept of guaranteed expenditure was changed to relevant
expenditure—that is, support for the performance of local government
duties that are determined by the constitution and law. The amount for
local relevant expenditure per capita is determined by a formula
introduced by the amendment, which considers local population figures, the
size of the territory and the length of local roads.
- Previously the law determined how local revenues were allocated to
support guaranteed expenditures and other expenditures. The amendment
determined that all tax and nontax revenues should be used for local
expenditures in general.
- The extent of local borrowing was regulated by the amendment. Individual
local government loans may have a value equal to ten percent of the
previous year’s local revenue or more if the loans are used to finance
housing, water supply or waste disposal. Interest payments cannot exceed
three percent of actual revenues.
- The amendment established a new ratio for shared income tax. Previously,
seventy percent of such revenues were allocated to the state and thirty
percent to the local government. The amendment changes these proportions
to sixty-five percent and thirty-five percent respectively.
- The amendment established a scale for special grants. Dependent upon
revenues from income tax, local governments can receive special grants
totaling up to seventy percent of the amount of resources necessary to
fund a project.
In 1998 tax revenue represented 41.2 percent of the total revenue of local
authorities (the structure is shown in table 9.1). Property tax, an
exclusively local tax, represented 0.4 percent and income tax 37.4 percent of
all local revenues, or ninety-one percent of all local tax revenues in 1997.
Property tax is not used by all local governments and is prohibitively low.
The reason for this is that the definition of the tax base for property is
poor, there are numerous exemptions, and taxpayers are individuals and not
companies. In practice property tax is primarily imposed on weekend houses in
municipalities where tourism is well developed. Local councils can raise taxes
by up to five times its assessed legal basis, but this base is low and,
therefore, revenues collected from this source are not high.
The government is preparing a new law on property taxation to give local
authorities the opportunity to collect higher revenues. The new tax on real
estate will replace the current property tax and contributions for the use of
buildings and land. It will be imposed on all buildings and land in Slovenia
and on companies as well as individuals. The primary problem in relation to
this new program is that exact ownership records of houses and land do not yet
exist. Nevertheless, revenues from property tax and contributions for the use
of buildings and land increase gradually every year.
Table 9.1
Revenues of Local Governments in Slovenia, 1997 and 1998