intergovernmental relationships in georgia

Intergovernmental Relationships in Georgia

Georgian Institute of Public Affairs2007

Nino Ghonghadze, Natalia Magradze, Levan Samadashvili

Location of Georgia

General Information on Georgia

Capital - Tbilisi Population – 4.5 mln Territory – 67.9 km2

Language/Alphabet – Georgian

Democratic Republic Brief Historical Review

– First Georgian states - 10 century B.C.

_ General Information First Unification of Georgian states - 10 century A.D._ Loss of Independance - 1801_ Regain of Independance - 1991 on Georgia

Local Governance in Georgia

Georgia - Young democratic state History of LG in Georgia starts from 1991,

after the first elections Arrangement and role of local governance is

based on Roman-German legal traditions Perception of local governance roles

Legal, Independent body with the direct participation of citizens settles local public issues on the territory defined by law, with the instruments of public government under the oversight of the state

Place of Local Governance in the State Power of Georgia

Branches

Legislative Executive Judiciary

Local Governance(Indirect Public

Governance)

Basic Information on LG in Georgia

Defined by Constitution and Organic Law on Local Governance

European Charter on Local Governance – join in 2004

Number of local government bodies – now (69) and in past (1004)

Basic Information on LG in Georgia

6 cities headed by

Mayors

63 towns headed by

Gamgebelis

City Counsel members

elected for four years

Employees of Mayor’s office appointed by the

Mayor

Mayors and Gamgebelis elected from City

Counsels for 4 years

Oversight on Local Government

Internal oversight- On the hierarchical basis

External oversight- Financial control (by the Chamber of Control)

State oversight (legal and administrative oversight)- Harmonization of local and common state

interests according to expediancy principle

Instruments of State Oversight on Local Governance

Legal Oversight– Control on voluntery and exclusive authorities

(activities undertaken fully independently by LG using finances attracted on its own)

Administrative Oversight– Control on delegated authorities (ways of

implementation are dictated by the state)– Defines independence level of LG

Legal Oversight

Defined by Law of Georgia on Normative Acts

Oversight on normative and individual acts issued by LG bodies

Defining congruance of LG legal acts with the national legislation

Controling body - Department of Sistemization of Normative Acts and Relations with Local Entities, Ministry of Justice

Exclusive Authorities

Administer property and land Draft and approve budget Introduce and collect local taxes and duties Administer forest and water resources of local

importance Build and maintain roads Make local procurements Regulate external trade and external advertising other

Informal relations between the MoJ and local entities

Most of legal assessments provided by the MoJ are positive, since normative acts are prepared as a result of intensive informal consultations

Ultimately Courts, not MoJ make the final decision on the congruance of legal acts with law

Only courts may abolish normative acts issued by local governance entities

Legal Oversight Process

Administrative Oversight

Final responsibility on fulfillment of delegated activities are transferred from LG bodies to state bodies

Administrative controlling bodies differ from that of legal oversight

Expediency control of specific activities made by LG bodies

Delegated Authorities

Until 2006– Registration of public documents– Veterinary medicine– Sanitation– Environment protection– Call-up

In the new law on LG delegated activities are not yet defined

Instruments and Bodies of Administrative Oversight

Right to receive information Instruction (how, by whom, in what

scope)

Ministries – Tbilisi Governors – Other

local government bodies

Budget of LG - Revenues

Own finances– Local taxes– Local duties– Capital income– Transfers– Grants– Loans– Other

Attracted Finances– Targeted and special

transfers– Subsidies, subventions– Grants for delegated

activities– Targeted revenues from

donors

Local Taxes and Duties

Property Tax Gambling Tax

Income tax – spent only on delegated authorities

Duties: registration, customs, license, certificate, other.

Main Problems and Recommendations

Scarce finances 1.Transfer of income tax to LG fully

2. Transfer of property to LG

Lack of qualified personnel

Increase scope of trainings

Dependence on central government

?

Gap between the population and LG

Dividing LG bodies to 3-4 smaller unites

Number of exclusive activities increased

Decrease number of exclusive activities

Flow of population from villages to larger towns and cities

?

Main Problems and Recommendations

Thank you for attention! Thank you for attention!

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