Legal Framework for the Role of Local Self Government in the Implementation of the Public Interest

Examples of the Republic of Serbia and the Republic of Srpska

Abstract

In this paper, the authors analyse the legal framework for the local self governments’ role in the achievement of the public interest on the examples of legal solutions in the Republic of Serbia and the Republic of Srpska. The extent and the manner in which the needs and interests of the local population are met as part of the public interest may be different in different spheres of social life. In this regard, the examples analysed in this paper indicate two, seemingly similar, but essentially divergent tendencies of normative regulation of the participation of needs and interests of local population in the legal determination of the public interest and of the way in which local self-government participating in realization of that interest. The authors affirm the opinion according to which systematic legislation which regulates various areas of social life should define the public interest and within that category emphasizes the needs and interests of the local population. Also, it should regulate the obligatory way in which local self-government units participating in the achievement of that interest. Further regulation of the criteria and legal aspects of the achievement of that interest, especially in terms of their local character, should bе implemented by general acts of local self-government units.