Rules and institutional set-up for resolving conflicts of competences among levels of government

Local authorities have recourse to judicial remedy to freely exercise their power

Review of legislation which should guarantee the right for local governments to apply for judicial remedy in case of conflict of competences with state authorities. The law strictly stipulates the process of conflict of competences. It should also establish under what circumstances local governments can apply for judicial remedy, stipulate the timely resolution of conflicts, as well as the process of the remedy. This mechanism should help in case there is any risk of overlap in exercising competences.

Independent jurisdiction resolves conflicts between levels of governments

The institutional set-up is checked whether a court(s) has the competence to decide conflicts between levels of government. An independent jurisdiction should exist to resolve conflict of competences between the state and local governments with the right to decide which authority has the responsibility to act in a given case. The legislation should stipulate the right of the public administration body to appeal to this court(s) to solve any conflict in competences.

Consultation of the central administration with local governments and/or associations is stipulated by law

Review of legislation to verify if it stipulates mandatory consultation of the central administration with local governments (either directly or via their associations) in cases concerning local governments. This mandatory consultation should include consultation in case of amending or approving new legislation, approving national policy documents in this area, matters concerning human resources, the administrative operation or the financing of local governments, etc. If there is no consultation in practice, less points are allocated.