Διάκριση των διοικητικών πράξεων των ΟΤΑ Α' βαθμού και ειδικά η παράλειψη ασκήσεως των αρμοδιοτήτων τους. Η εποπτεία των ΟΤΑ Α' βαθμού. Κριτική επισκόπηση και νομολογία
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Abstract
According to Article 101 of the Constitution, the administration of the State is organised according to the decentralised system, in which the exercise of public administration is carried out not only by central state bodies but also by regional ones. The decentralised nature of the system of administrative organisation is also defined in this direction by Article 102 of the Constitution, which establishes the institution of local self-government, within which the decisive powers for an area are exercised by the local authorities of the first or second degree and not by the central State.
The first level of Local Government consists of the Municipalities, which are legal entities of public law and whose operation is governed, primarily, by Law 3852/2010 and additionally by the Code of Municipalities and Communities (KDK, N 3463/2006) as well as by other legislation. Municipal authorities have therefore been selected by our national legal system to direct and regulate all local affairs in accordance with the principles of subsidiarity and proximity, which will be referred to in this paper. Law 3852/2010 (article 94) and the CPR (article 75) list, in an indicative way, categories of issues that constitute local affairs, falling within the competences of municipalities.
The responsibilities of local authorities concern, as will be explained in detail in this paper, "mainly" the following areas with an indicative list: a. Development b. Environment, c. Quality of Life and Proper Functioning of Cities and Settlements, d. Employment, e. Social Protection and Solidarity, f. Education, Culture and Sports, and g. Civil Protection.
Within the framework of these competences alone, according to the principle of legality, the administrative bodies of the Municipalities may either unilaterally adopt the rules of law by means of acts (through the adoption of regulatory acts) or regulate sovereignly the legal relations of the governed by individual regulations (through the adoption of individual acts), or conclude contracts, or finally take material actions. A special form of administrative act is the implicit administrative act, which, when manifested by the absence or absence of action due, constitutes an omission on the part of the Administration and is subject to control.
The control that can be carried out on the above administrative acts of the Municipalities is divided into judicial and administrative control. One of the administrative control methods provided for in the Greek legal system for the control of administrative acts of local authorities concerns the administrative control exercised by the Local Government Supervisor and, until the implementation of this institution, by the Decentralized Administration Coordinator and precedes any judicial action.
In this thesis, the scope of the current responsibilities of the Municipalities will be studied and the types of administrative acts issued by them within the framework of their competences will be codified, as well as their characteristics according to the case law, while the process of administrative control or otherwise self-control of the administration will be studied and evaluated, which is activated either through the exercise of administrative appeals by the managed, when the latter considers that he is affected or harmed by administrative activity, or through the mechanism of ex officio self-control of the Administration, such as through the control exercised by a hierarchically superior body over his subordinate, on his own initiative.
Postgraduate Studies Programme
Δίκαιο και ΟικονομίαDepartment
Σχολή Οικονομικών, Επιχειρηματικών και Διεθνών Σπουδών. Τμήμα Οργάνωσης και Διοίκησης ΕπιχειρήσεωνNumber of pages
127Language
GreekCollections
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Αναφορά Δημιουργού-Μη Εμπορική Χρήση-Όχι Παράγωγα Έργα 3.0 Ελλάδα
Αναφορά Δημιουργού-Μη Εμπορική Χρήση-Όχι Παράγωγα Έργα 3.0 Ελλάδα