The Municipality Rulemaking Problem and the Position and Competences of the Local Self- Governing Bodies

Abstract

On the base of the legal regulation interpretation, the authors have provided the analyses of the stated limits that are given to the local self- governing rulemaking activities. Particularly, the attention has been given to the legal proceeding concerning the congruence of the assessment of the local self-governing generally binding legal regulations delivered by the municipalities and the higher territorial unit. Based on the syntheses of the essential data, the authors try to highlight the probable problems that might occur in the applicable practice caused by the absence of the legislative consistency. At present the comparative evidence is equally given by the absence of the local self- governing powers to initiate a procedure by means of the communal constitution complaint as regards the legal regulations compliance by the Slovak Republic Constitution Court.