Tout acte de l'administration publique doit reposer sur une norme juridique déterminée. C'est en cela que consiste, s'agissant de l'activité de l'administration publique, le principe de la légalité, principe de la primauté du droit, dont la portée, dans le système socio-politique et juridique yougoslave, s'étend depuis longtemps non seulement au fonctionnement de l'administration publique, mais aussi à tous les organes de l'Etat, ainsi qu'aux organisations et communautés autogestionnaires. Les constitutions de 1963 ont élargi ce principe en le dénommant principe de la constitutionnalité et de la légalité et les constitutions de 1974 y ont attaché une importance toute particulière. Le contrôle en est assuré par les cours constitutionnelles, créées en 1963 et qui sont au nombre de neuf depuis 1972. L'article décrit de manière assez détaillée les compétences, la composition, le statut, les règles élémentaires de procédure, la portée et les effets des arrêts de ces neuf cours constitutionnelles qui, selon l'auteur, contribuent à la mise en œuvre et à la sauvegarde du fédéralisme coopératif yougoslave ainsi qu'à la promotion de l'autogestion et surtout de l'un de ses éléments essentiels — le droit autonome qui se crée et se développe grâce aux actes réglementaires autogestionnaires.
by Nikola Stjepanovic This article is a quasi-statistical analysis of local government structure in Yugoslavia as it appears after the September 1955 reform. The inter-relations between the municipalities, the districts and the governments of the Federated and the Federative Republics are described by comparison with the former system, which comprised towns, non-autonomous urban districts, autonomous boroughs within towns, non-urban municipalities and, finally, districts or counties, which were all much more numerous than the present administrative units. Under the new system, only two types of unit have been retained: the Federated Republics are divided into districts, each of which includes a number of municipalities. Municipalities. The basic organ of local self-government is the People's Municipal Council, and enactments by either the Federated or the Federative Republics determine the competence of each of the four rungs of the administrative ladder. All matters not expressly reserved by the Constitution are within the scope of the municipal authorities; they include economy and finance, town planning, public health, social welfare, labour relations and, broadly speaking, home affairs. The People's Municipal Council is unicameral and elected for a three-year term by all the permanent residents. The number of councillors varies between 15 and 50, according to local conditions. A President, i.e. mayor, and sometimes also a Vice-President, are elected by the Council from among its members and are remunerated. The Council may set up committees, for one year terms, composed of at least two councillors assisted by a variable number of citizens chosen for their competence. The chairman of such a health, education, social affairs or other committee is entitled to speak in all council debates on the business of his committee, even if he is not a councillor. A municipal chief clerk, with the title of Secretary, who is a professional civil servant, is in charge of the clerical and executive administrative services, and is empowered to suspend any decision of a committee, provided that he can show that it transgresses the law. The size of the administrative services is proportional to the population of the municipality, and the minimum of five sections (general administration and budget; economic affairs; culture, welfare and health; national defence; taxation), under the direct authority of the Secretary, will be found in municipalities, of 5,000 inhabitants or less. Where the population exceeds 5,000, there is a Tax Collector in addition to the Secretary. Municipal employees are State civil servants. The fundamental principle of political philosophy in Yugoslavia is that all powers stem from the people. It follows that separation of powers is less marked than separation of duties. Other forms of expression of direct democracy are also part of the organisation of local government. Ward committees, of which the municipal councillors are ex officio members, may be elected. Meetings of electors may be convened, especially in rural areas, and must be held if one-tenth of the electorate so requests, but municipal councillors are not allowed to preside over them, although expected to attend. Moreover, local referendums may be organised and are, indeed, compulsory at the request of one-fifth of the electorate. Mr. Stjepanovic proceeds to a detailed examination of the economy of the municipalities and their competence in that field, and of the legal position of the municipalities in the general structure of the State. The municipalities are legal entities both in private and public law. Districts. The administrative status of districts has not been modified by the Act of 1955. The district serves as a reviewing and controlling authority: all local decisions must be referred to it, and are subject to possible suspension or annulment within a period of two months. Appeal may then be lodged with the Federated Republic within 15 days of notification by the District Council of its adverse decision. The District Council is also empowered to enforce mandatory measures if the municipality refuses or neglects to fulfil its obligations. Although the municipalities may appeal against action by the higher authorities, both to the Federated or the Federative Republic, on matters reserved by law to either, or even to their respective People's Assembly if the appeal is against a Government, such action is not in itself suspensive. The competence of the Districts extends to affairs of common interest to all the municipalities in their geographical area. The District implements, or controls the implementation of, the laws of the Federative Republic and the Federated Republics. In particular it is competent in matters pertaining to printing and publishing, the rights and privileges of inventors, the establishment and termination of public undertakings and their workers' councils, local budget control, marine fisheries, nature conservation and afforestation, public markets, tax assessment, town planning and building, public health control, narcotics, pharmacy, health resorts, social security and welfare, supervision of labour relations, secondary schools, school inspection, para-military defence training, archives and museums, home affairs such as elections, prisons, the lower courts, the public registry of births, marriages and deaths, citizen identification, capital executions, religious processions and collections outside the church premises, and so forth. District Assemblies are bi-cameral; they have a District Chamber and a Chamber of Producers. The first is elected by universal, direct, uninominal and secret ballot. The Chamber of Producers is composed of delegates of workers in (1) industry, transport, trade and crafts, and (2) agriculture, proportionally to each group's contribution to the product of the district. Both chambers have equal precedence. The District, as a corporate body, is, like the municipalities, an entity at law, both public and private. It similarly has a president, a secretary, Assembly chairmen, committees, and so on. In conclusion, attention is drawn to what was published in our issue No. 1 of 1954: the basic characteristic of Yugoslav administration is decentralisation and self-government. The Chambers of Producers and the Workers' Councils provide the Socialist means to this end. And the State itself is no longer conceived as a coexisting, coercitive factor in public administration.
de la recherche administrative, les débats ont témoigné d'une volonté commune de coopérer ; les participants ont tous insisté sur la nécessité de mettre sur pied des recherches interdisciplinaires — ou pluridisciplinaires — qui seraient effectuées par des équipes internationales ou par plusieurs équipes nationales sur un sujet commun. Lucette KHAIAT
