Public governance articles

The research work reffered to the aspect of public administration reform in Slovenia, which included, in addition to the amendments of the constitution, also the Government Act, State Administration Act, Public Agencies Act, Inspections Act and Public Employees Act as well the new legislation in the field of local government, should therefore be accelerated and given the priority.

The reform, however, did not include only the legal (normative aspects, but also other fields (development of information technology, introduction of quality in the work of administrative bodies, establishment of the training system, simplification of administrative procedures etc.). Special attention was paid to the establishment and qualification of institutions for monitoring and implementing the legislation of the European Union (together with the plan of places of work, professional training of employees and provision of appropriate employment relationship).

Public sector in Slovenia (public institutions in the field of education, health care, social care, culture, research…), has been, from the point of view of property rights, organisation and governance, the same since in the year 1991, when the Law on public institutions passed in the Slovene Parliament, as one of the important reform laws. At that time, the property of ex self-management communities was “temporarily” nationalized (transferred to state and municipal ownership). Notwithstanding huge reforms in the private business sector, the public sector remains as it was when it was taken by the state (nationalized). A reform is needed in this field and the articles show the weak points of the existing approaches in corporate governance in the public sector and present the standpoints and guidelines for a corporate governance reform in public sector.

Public-private partnership is also researched; it is always a relationship between a public and private partner, where the state or local community as a public partner enters into a public-private partner relationship, granting the exercising rights and duties. The Public-private Partnership Act (2006) brought a series of novelties into the Slovenian company and public law. They are mainly the provisions concerning the status of public-private partnership (Articles 96 and following of the Public-private Partnership Act, transitory and final provisions, regulating status reorganisation of public companies, Article 141 and following). Status public-private partnership in a relationship between public and private partner, where contract based cooperation between partner also brings along changes to the status or proprietary structure of one of the partners. Status public-private partnership may therefore come to exist either by private investment into entities of public law (most frequently public undertakings) or by purchase or increase of capital shares. One of the important novelties concerns the changed regulation of the public undertaking capital. The new regulation prohibits investment of private capital into a public undertaking, which means that a public undertaking can no longer be a mixed-capital company. According to this changes, a public company may only be established and operate by public capital investments. The duty of the exclusion of public infrastructure from the property of public undertakings is regulated by Article 145 of the Public-private Partnership Act (transfer of basic capital), ruling that the capital of (public) infrastructure invested in the existing public companies as a material investment is to be deducted from the capital and transferred into the ownership of the Republic of Slovenia or a municipality.

Articles

BOHINC, Rado. Historical transformation of property rights in the context of new paradigm of human development. Acta Histriae, ISSN 1318-0185. [Tiskana izd.], 2013, letn. 21, št. 3, str. 427-448. http://zdjp.si/sl/acta.htm. [COBISS.SI-ID 2448851]

BOHINC, Rado. The judge’s tenure : a historical and contemporary overview. Acta Histriae, ISSN 1318-0185. [Tiskana izd.], 2014, letn. 22, št. 3, str. 791-808. [COBISS.SI-ID 33108829]

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