Discussion Papers 1992. No. 15.
Local Governments and System Change.
The Case of a Regional Centre
CENTRE FOR REGIONAL STUDIES
OF HUNGARIAN ACADEMY OF SCIENCES
DISCUSSION PAPERS
No. 15
Local Governments and System Change.
The Case of a Regional Centre
by
PFEIL, Edit
Series editor
HRUBI, Laszlo
Pecs
1992
Discussion Papers 1992. No. 15.
Local Governments and System Change.
The Case of a Regional Centre
The Discussion Papers series is sponsored by
BAT Pecsi Dohanygyar Kft.
a Member of the British-American Tobacco Company Group
The research and publishing of this paper are sponsored by
National Research Fund
(OTKA)
ISSN 0238-2008
© 1992 by Centre for Regional Studies, Hungarian Academy of Sciences
Technical editor: Hrubi, Laszlo
Typeset by Centre for Regional Studies, HAS
Printed in Hungary by G—Nyomdasz Ltd., Pecs
Discussion Papers 1992. No. 15.
Local Governments and System Change.
The Case of a Regional Centre
CONTENTS
Introduction (5)
The first stage of the restructuring process:
the local government elections (8)
Characteristic features of the activity of representative body
based on party-policies (11)
Factions in the locality (17)
The external relational network of the local governments (25)
Conclusions (33)
Notes (35)
Bibliography (37)
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INTRODUCTION
In autumn 1990 — shortly after the parliamentary elections — through the
election of the municipal representatives the establishment of the local
government system in Hungary began. The present transitory period, in
which the elements of the old and the new system still mingle, is accom-
panied by opposite views of politicians and academic experts. The latter
ones in the interrelation of the change of regime, power and elite gener-
ally regard the present parties as mere transitory parties, in the existence
and activity of which the paralysation of the society's interests is expressed,
on the other hand, the change of power, which took place in 1990, only
started the process of the change of regime, the real test of which will be
the opposition coming into power in the future. Finally it is not of minor
importance that the change of the elite which took place in 1989-1990
only created the elite of the transition, so the appearance of professional
politicians is still to be expected. 1
All these elements with the characteristic feature of politics domi-
nating the events, even in the field of the economy, have their imprint on
the urban and rural local governments' activity which are being formed pre-
sently. It is a fact that in the process of creating the constitutional state,
the dictatorial state was replaced by a pluralistic power structure, but it
also should be noticed that the change of power and elite failed to be
complete because of the very results of the local government elections.
That is, the majority of the local municipal representative bodies is libe-
ral, that is oppositionist as contrasted to the parties of the governing coa-
lition, or independent in smaller communities. Thus about half a year af-
ter the parliamentary elections the governing parties had to suffer a severe
defeat on local level. It can be put in another point of view as well: the
division of power occurred in a particular form, not in the separation of
state powers, but in a broader, political sense.
M. Bihari rightly stated about the governing coalition after the lo-
cal authority elections that it started an attack against the whole society 2
including public administration, culture, mass media and young people.
2
It seems that the government wants the local governments to get into a
subordinate position.
After this general survey this paper undertakes the task of describ-
ing the new Hungarian local government system taking into account the
problems of public administration and also local politics through an em-
pirical research which was mainly held in a large town. The approach is
5
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definitely that of with public administrative and legal aspect in view, which,
however, makes it possible to analyse the circumstances in a broader sense
as well.
The empirical survey about the large town was carried out within
the framework of the research financed by the Hungarian Institute of Public
Administration.
After forty years of a centralised public administrative structure,
the two cornerstones in the formation of the new Hungarian local govern-
ments are the local authority law and the electoral law, each of which is
the result of a political compromise.
The electoral law regulates two systems which are independent of
each other. In towns and villages with less than 10,000 inhabitants the
members of the municipal representative body had to be elected from a
list on which all the candidates were indicated, and the ones who obtain-
ed most votes got into the body. The mayor in this case took his position
through direct election. In contrast with it in communities with more than
10,000 inhabitants which are in fact towns, half the members of the local
governments got their seat in individual constituencies, while the other
half were elected on a list base, where the seats of representatives are pro-
portionally divided between the different lists. In this category of towns
the mayor is elected by the municipal representative body itself.
As it is clear from the outlined facts this voting system does not at all
guarantee the local government to be controlled by town-councillors who
can work together harmoniously, or a political majority to be developed.
It needs no explanation either that the legal regulation distinctly deter-
mined the party-based composition of the municipal representative bo-
dies in the towns with more than 10,000 inhabitants. It is supported by
the results of the election, as barely 8% of all the elected representatives
do not belong to parties, while in small communities the representatives
are preponderantly independent (71%).
In theoretical aspect the local level restructuring process was party-
spirited to a greater extent than in other East-European countries. A fur-
ther characteristic is that the establishment of party-pluralism and the de-
velopment of the local government system were linked together. Though
western democracies as examples to follow are distinctly recognisable when
defining the elements of the new-type local governments, other social or-
ganisations of the locality, which are very common there, are still miss-
ing in Hungary. This circumstance encouraged the parties to definitely
undertake the values of self-government. The result of it did not fail to
come about, as the Hungarian parties try to appear as the only factor of
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macropolitics, and they do this on the level of locality as well. Many people
think that the civil society have not become so active as it was expected
after the change of regime, in fact it has stiffened in paralysation as com-
pared to the last years of the so-called party-state: ,,... the former „defensive
society" changed into a „defenceless society", as all the institutions and
forms of activity which have been developed in the fight against state so-
cialism were made a complete write-off by the new regime, the cadres
and energy were drew off, and it tried to forcefully subordinate the civil
society."3
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THE FIRST STAGE OF THE RESTRUCTURING PROCESS:
THE LOCAL GOVERNMENT ELECTIONS
The characteristics and problems mentioned in the introduction are set in
a true light if we give details and analyse then through particular events.
It obviously appears an arbitrary choice to analyse a particular town
which is large in Hungarian relation when considering the entire local
authority system. But in addition to the fact that with the help of this me-
thod we can get a reply to the nature of the common dysfunctions in the
local governments mainly deriving from the legal regulation or absence
of regulation, we also have to deal with an urban category which makes it
possible to learn about party-like local government activity, on which le-
vel formalised mechanism cannot be replaced by interpersonal relations.
(Though complete ousting of the latter ones are certainly unthinkable.)
The Hungarian self-government law which took effect in 1990 in-
stitutionalised a somewhat contradictory local government structure, which
definitely resulted from the rejection of the previous council system. 4 On
one hand, the legislators sustained the previous two-level public adminis-
tration by placing the official second instance to a deconcentrated unit with
legality supervisory, that is general jurisdiction, which has no roots in
Hungary, thus taking it out from the local governments' scope of author-
ity. On the other hand, the law recognises only one type of self-govern-
ment, namely the local government, as a consequence of which all the re-
gional constitutional bodies are equal. There is no hierarchical relation
between the community, the town, the capital city and its surrounding
(suburban) zone and the county's local government, though this latter
one is a historical category, which is more than a 1000 years old, and
which is also a pillar of the state regional division according to the con-
stitution. •
Legislators themselves were compelled to solve this contradictory
situation. They stated that the local governments of towns, villages and
counties may have different duties and scopes of authority. In fact, the coun-
ty was regulated as services providing, the differentia specifica of which
is that it is obliged to do all the duties which are prescribed by the law and
which cannot be done by the local governments of towns and villages be-
cause of their limited capacity.
This short detour was necessary because the object of our empirical
examination is a Hungarian town which is also a county centre and a city
with regional functions. The expression large town is proper in the Hun-
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garian situation, as it is a town with nearly 170,000 inhabitants. Our town
has the law of county (it is so-called city with county status), which can
be given by the Parliament after judging separately to towns with more
than 50,000 inhabitants. These latter ones though declared as local govern-
ments by statute, they are taken out from the whole of the local authority
system. It casts the county's scope of duties and authority which occur in
their area to their own scope of authority. This fundamental regulatory
principle is advantageous in the sense that the city with county status
which has high-level services organisation function becomes equal with
its own county, but it is disadvantageous when independence takes the
shape of isolation.
Without prejudging we would like to state here, that there is no in-
stitutional relation between the county as an regional level and the city
which is its centre and the authority of which covers the whole county,
even exceeds it.
Not moving away from the general concerns of the Hungarian self-
government system, it is worth dwelling at the municipal elections, which
are the first step in the restructuring process. In autumn 1990 in addition
to 7 parties six social organisations figured publicly in our town, as they
set up candidates in the local government elections. As we know, legal
regulations favoured the parties, each of them had lists as well, while two
of the six civil organisations were able to set up only individual candi-
dates.
Civil society presented a hopeful picture at that time. For example,
the chamber gathering librarians' and adult educators' associations stepped
forward with the program of a civilised society on the basis of the town's
cultural traditions; another group aimed at complex social, cultural and
youth policy, while the local greens set the objective of environment pro-
tection. All of them are strongly marked election programs in contrast to
parties which had no programs. The canvassing of the latter ones mainly
relied on the general program of the national party-centre, which ob-
viously was inadequate concerning the fate of the local governments, and
they only outlined their point of view in some town issues which they
thought were topical.
And the voters voted, though it was not clear what in fact they
would get in return for their vote, since on the eve of the change of elite
even the names of the candidates sounded unfamiliar to them. It is un-
deniable that disappointment of people in national politics and in the change
of the regime, the experience of catharsis which failed to come about al-
so cast a shadow on the local government elections. Because of the low
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turnout there were two turns of municipal elections in every town with
more than 10,000 inhabitants. In „N" (let's call our town like that) parti-
cipation was 30.2% in the first turn. At the second time there was even
less interest among the citizens, however, according to the electoral law,
this turn was valid.
In „N" everything happened like in most Hungarian towns, and the
new municipal body is made up of city-councillors, who are without ex-
ception members of a party, or supported by a party. The parties of the go-
verning coalition suffered a defeat here too, while the two liberal parties
(the Free Democrats and the Young Democrats) obtained majority by
winning 59% of the seats. Finally, the successors of the state-party which
was divided into two obtained two and one seats, respectively.
What happened could also be called a party coup, as from among the
172 candidates the 25 independent candidates' efforts were unsuccessful,
neither they nor the candidates of the civil organisations had the voters'
confidence, though they were not less talented or ill-equipped or less po-
sitioned than the ones who were elected. It can be explained by the fact
that over a certain size of towns (definitely in the case of a large town)
knowing somebody personally does not influence the voters' behaviour.
Thus, in the case of missing direct information the party the candidates
belong to and the political colour provide essential footing. In Hungarian
relation, the results of the parliamentary elections which were held half a
year earlier and well-remembered by people . as well as the performance
of the parties served as information in the course of the local government
elections.
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CHARACTERISTIC FEATURES OF THE ACTIVITY OF
REPRESENTETIVE BODY BASED ON PARTY-POLICY
In the case of the Hungarian local governments the establishment of local
government institutions and the definition of the policies of party-like ac-
tivity were interlinked.
In „N" the mayor and the deputy mayors were elected as well as the
special committees formed already at the statutory meeting. The mayor
obtained his post as the candidate of the Party of Free Democrats which had
most seats, but he was not elected from the body members, but making
use of the opportunity provided by the local authority law he was dele-
gated from outside. Thus with him the number of liberal town-council-
lors increased automatically by one.
The Hungarian local government system — following the pattern of
western democracies and breaking with the legacy of the former socialist
council system — stresses the importance of the work done in the commit-
tees. The municipal body defines its own committee organisation meeting in
fact one restriction. That is, it is obligatory to form a financial superviso-
ry committee in each town with more than 2,000 inhabitants. Experience
proves that spontaneous control prevails in this type of committee, that is
why it is under the influence of the opposition within the committee.
There have been no acts passed yet which would prescribe setting
up further committees compulsorily. In our town the following commit-
tees started to work in the spirit of freedom ensured by law concerning
the setting up of organisations:
— legal and steering committee,
—health committee,
—economic and enterprise committee,
— environmental and urban planning committee,
— transport and communal services committee,
— educational and sport committee,
— cultural committee.
Unfortunately, this structure of the committees does not match the
organisational proportions of the apparatus set up later and which would
be essential in efficient co-operation. On the other hand, the division of
labour between the committees is not clear, though there is some over-
lapping indicated from the outline, and there is also a missing. committee
which would co-ordinate the others' work.
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This lack of organisation cannot obviously be put down exclusively
to the newly elected elite's account who are not yet experienced enough
in public administration. Experts agree that legislators who defined regu-
latory enactments were too liberal in many respects, which, on one hand,
can be understood as a counter-effect of the dictatorship, but, on the other
hand, it keeps local governments in the state of uncertainty in many as-
pects.
Neither the section of the Constitution dealing with local govern-
ments, nor the local government law itself mention parties. So when re-
gulating the party-policy activity the councillors can do as they think best. In
this aspect it seems natural that Hungarian local governments took over
the parliamentary model, they set up their rules and regulations as standing
orders. This method itself cannot be disapproved because international
special literature recognises for example the local government commit-
tees as representative organs, which can derive their rights from an organ
which is a representative body too, in our case from the body of the mem-
bers of the Parliament. And it is also added that this definition is taken
from the parliamentary law. But it is assailable that the institution of the
committee as well as the whole local government activity is subordinated
to party-policy interests without any counterbalancing guarantees (for exam-
ple the protection of minorities).
In „N", and in other towns as well the individuals forming a com-
mittee reflect the parties' power relations, particularly the allotment of
chairman's posts in the committees was very important. In our sample
the opposition got the leading post in the Health Committee which is of
minor importance in the present situation. Anyway, it is not common in
Hungary that the mayor holds the post of chairman in a committee.
With regard to other countries' practice, that legal proposition is not a
novelty according to which: „It is reasonable to elect into the committee
the representatives of significant organisations which run relevant ser-
vices and the delegates of social organisations, and other electors who
use the services." 5
A restriction is applied to it: the chairman and more than half of the
committee members should be elected of councillors, and this can be
approved of. But this rule is applied in a considerable number of local
governments in such a manner that the committee members who are not
town-councillors do not possess equal rights, as they are present in an
advisory and not voting capacity. It is the case notwithstanding the fact
that the committees make use of the opportunity to invite outside experts,
but they do everything that interests and values which threaten the domi-
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nance of party interests could not in the end appear in the local govern-
ment decisions. In it one of the methods which can alienate the local agent
and local government activity is recognised, though the renewing legiti-
macy of the municipal body can be expected from it from time to time. It
is enough to turn for explanation to our sample.
Leaders of „N" city give reasons about the application of this orga-
nisational principle, saying that only in this way the balance of political
forces within the committees can be ensured, that is, if the outside mem-
bers possessed full rights then a devastating fight would start so that each
party put the experts who are committed to them into the committees.
Such means of minority protection — which among other countries
— works pretty well in the Federal Republic of Germany evidently does
not fit into the above mentioned conception. According to it those fac-
tions which because they are few in numbers cannot delegate members
into a committee, have the right to delegate an assistant member with ad-
visory right into the relevant committee. This rule makes it obvious that
Hungarian legal practice in contrast to the positive discrimination in
western democracies is still inclined to negative discrimination against
the political opposition.
It is common knowledge that local level committees have the pri-
mary role of releasing the municipal body and quickening the decision-
making process. This latter function which covers the examination of
considerations which should be taken into account in the course of
municipal decisions and the presentation of propositions essential to the
decision is in principle realised in Hungary, as most of the agenda is set
before the municipal sessions by the committees and it only rarely falls
to the apparatus.
The distinction „in principle" is necessary to make because as I
have mentioned the towns' municipal representative bodies act as „small
parliaments". Thanks to the Legal and Steering Orders Committee an a-
genda proposition is prepared for every body session, still the topics of the
session are made up incidentally, as it is common to have speeches tak-
ing a long time before proceeding to the agenda and to real work. More-
over, at such times almost without exception the town-councillors have
to cope with motions which are submitted as urgent.
The trouble is that institutions borrowed from the parliament and
also found in the organisational and operational rules are alien from the
locality. Let's consider the notion of self-government, or communal poli-
cy as it is called in the German-speaking countries. H-G. Wehling puts it that
communal policy is essentially social policy, and through this it forms
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human co-existence, which — though in different ways and intensity in
the different communities — directly reacts to social claims. Its political
character can be grasped at that we always deal with politics if decision
must be made between alternatives alongside particular interests. In
short, it is not the construction of roads in general sense that is decided a-
bout in the city hall, but a precisely defined road-building project. 6
Since in this field different individual and group interests are con-
cerned no local government can decide about urgent motions of individ-
ual representatives which are put forward in speech and which lack the
careful preparation by the committees and the apparatus linked to them.
However, these ad hoc constrained decisions in practice often oust the
professionally and politically well-founded agenda.
Back to our clue we must state that in Hungarian relation it is only
partially true that the committees release the municipal representative
body, though its legal conditions are given. It means, on one hand,
according to relevant orders that the committees in addition to the
preparation of decisions also organise and control their execution. On the
other hand, with respect to jurisdiction which cannot be relegated, the
municipal representative body is entitled to give the right of decision to
its committees and state an official scope of authority for them.
Surprisingly, in „N" there was no shift in any direction. Leaders of
the town, first of all the mayor and the two deputy mayors, shoulder an
unbelievable burden of work in order to preserve the power extensively
concentrated. Its ideological basis is the misunderstood interpretation of
the theory on the division of powers.
It is common knowledge that in the local government systems, in
which committees work actively the legislative and the executive roles of
the local constitutional representative body cannot distinctly be sepa-
rated. It is confirmed by the model of the strong mayor in the Hungarian
system, according to which the first leader is not only the chairman of the
representative body but also the head of the apparatus. Contrary to the
outlined facts in our town the committees and through them the members
as well are excluded from the executive and supervisory activity, though
in the organisational rules the framework of it is given. The position of
the alderman unfortunately does not work in practice, which would give
the opportunity for the committee chairmen to supervise the work of the
official organisational unit in their venue, thus guaranteeing the quality
execution of the decisions.
So, at this point the character of the parliamentary and the local
government work is distinctly separated, since the latter one differently
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from the legislative power allows to influence public administration di-
rectly. In contrast to it in the site of our examination a strange approach
prevails, according to which the spheres of the committees and the appa-
ratus with regard to execution cannot mingle, only one of the officials
can be the link between them. That is, the chairmen of the committees
cannot hold a quasi official organisational unit leader's position.
It needs no explanation that in this case the classical theory of the
division of powers was adapted to local government relations, although
in this field separation of the responsibility for decisions and execution is
impossible. The direct consequence of the misinterpretation is that apart
from the mandatory place and role which the municipal representative
body has, every part of the activity: work in the committees, entire super-
vision of the apparatus, execution and its supervision, etc. definitely con-
centrates in the hands of the three leading officials (the mayor and the
two deputy mayors). All these arouse the feeling of absolute centralisa-
tion.
The conclusion of Paine Kovacs, I. may be right here, in it the opi-
nion of many people is expressed: „After the local government elections
- since the parliamentary results do not reflect the parliamentary power
relations - the fight between the government and the opposition parties
extended to the local government activity as well. So no party can in-
dulge in the luxury of letting their local organisations completely free, or
not to have high political ambitions." 7
Though the party-policy character of the local government has not
yet been examined, I think all the enumerated anomalies indirectly origi-
nate in this focus which is a stiffened conflict.
Another tool of releasing the municipal representative body and al-
so the quickening of the decision-making procedure - for the citizens - is
the delegation of part of the decisions to the committees. It can be done with
regard to other countries' practice in single assignments, or by means of
a general clause but under different conditions. At some places only over
a certain population it is allowed to transfer rights, at other places only
the most important committee can be delegated with authority. Further
guarantees can be built in, by means of which the committee decisions
and the whole of the local government policy can subsequently be co-
ordinated if necessary. Decisions can be changed or annulled until they
infringe the acquired rights of third persons.
In Hungarian relation apart from the scopes of authority which are
defined one by one in the law and cannot be transferred nothing sets lim-
its for our local governments to divide labour. In spite of the fact that the
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municipal representative bodies often cannot work because of their over-
operativeness they rigidly stick to all of their authority. The committees,
however, initiated in several cases the transfer of decision competence in
our town too, but all the time they met rigid refusal. On the whole two
committees, the Economic and Enterprise Committee and the Cultural
Committee managed to acquire the right of decision in some issues.
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FACTIONS IN THE LOCALITY
Supposedly there is a fear in the refusal of decentralisation that decisions
made in the committees do not completely reflect the parties' power rela-
tions which characterise the general assembly. At the same time the
speeches of the members in the assembly reveal the judgement on the re-
lation of factions and the different committees. In short, the member of a
committee represents his whole faction, so if he expresses his private
opinion them there is no sense in the work of the committee. That is, rep-
resentatives of factions take part in the sessions so that they could inform
the parties about the happenings.
The facts described in the introduction are striking, as they are
some of the most significant features in the reviving of the local govern-
ments after 40 years. As we know local governments having parliamen-
tary features is a fairly new phenomenon all over the world. Which in
turn reveals that we should finish with the assumption that the commu-
nity gives free scope to citizens in their relation to public administration,
or that the community could be defined as a closed living community,
since modem democracy manifests itself by the presence of parties. Of
course there are positive and negative approaches to the process of the
parties domination in the locality. The latter ones for example regard the
essence of factions as gaps or insufficiency in the beneficial net of the
democratic constitutional state. But others emphasise in the process of
dominating parliamentarism that it prevents the communities to sink to
the level of mere bureaucratic units. With the help of the parties they are
enabled to preserve their democratic island-like character within the
whole of the state.
Without going into details about the advantages and disadvantages
of party-dominated local governments, let's survey the Hungarian prac-
tice compared to the German federal provinces. This time only practice can
really be dealt with, since Hungary has only presently got into the state
which western democracies underwent about 10 years ago. There are no
statutory rules concerning the activity of factions, though they cannot be
ignored. Due to this reason local governments set up the rules of the
game, which leaves much to be desired.
The criteria of forming a faction is minimally 3 members in the
town under examination. This principle which is recorded in the organ-
isational rules automatically excludes from forming factions and the at-
tendant rights the socialist and the communist parties, which have two
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and one town-councillors, respectively. The Federal Republic of Germa-
ny sets an example with reversed values, where in several provinces two
members are the minimum to form a faction. Even one-member faction
is known in Hessen, Baden-WUrttemberg, Bavaria, Rhine-Pfalz, Bremer-
haven. That is, one town-councillor can be regarded as a faction, if there
is no other representative of his party or electoral group in the municipal
representative body. This kind of faction status is an exception, but it is
by no means anticonstitutional, as it can be derived from the tool of
minority protection. The most severe requirement in this relation to be
met is giving the parties equal chances, which should be extended to
electoral groups, too.
The basic principle which is named as „free mandate" in the Ger-
man Supreme Law has not yet been built in the Hungarian constitutional
law. According to the principle it is not allowed to make the committee
work of the councillors which anyway decisively rests upon the activity
of the faction dependant of which party they belong to and through this
allow a determinant influence of the parties on the factions and individ-
ual councillors. Consequently those who belong to factions have their
own free will, too. If it was not like that then the parties through their
centralised controlling mechanism would empty the local government.
Unfortunately the danger of it is quite big in Hungary, which was
given voice to in „N" by the Christian Democratic councillors. The
members of this party worked in the joint faction of the governing coalit-
ion parties for some months, then in the general assembly and also as an
open letter in the local newspaper announced their separation in order to
form an independent faction. The reasons are fairly illuminating, as the
statement disapproved of the fact that the general assembly was the place
where the parties fight for power, while the interests of the town are
pushed into the background. The formation of the independent faction is
meant to maintain the moral character of the Christian Democratic Peo-
ple's Party and to ensure the freedom of representation for the represen-
tatives — the statement says.
In short, some of the councillors distinctly require the protection of
minorities and the right of the freely expressed opinion. But behind this
there is the widely spread misapprehension, which was put by the leader
of one of the factions. According to his standpoint every party in the lo-
cal government follows its own policy, since no member can change his
opinion announced during the electoral campaign. Otherwise he would
commit ethical offence against his constituents. As to voting he divides
the issues under consideration into two categories: either the issue is not
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of party-policy significance and it is possible to vote differently, or it is
an issue of policies in political aspect then because of the responsibility
towards the constituents it allows only uniform voting for those who be-
long to the same party.
The issue of belonging to parties in towns with more than 10,000
inhabitants has a distinctive role in every section of local government ac-
tivity. To put it more sharply: the most determinant feature of the repre-
sentatives is their belonging to a certain party or faction. In small com-
munities where parties have gained ground in a less extent this is replac-
ed by permanent confrontation between the new representatives and the
old representatives who had been elected before the change of regime. It
is proved by the institutions and structures which have already been es-
tablished in this short period. It is an accepted fact that at the sessions of
the local government only the decisions which are taken in a political sense
are made.
Decisions which are taken in a sociological sense are made with the
public not admitted, so to say behind the scenes. In decision-making as-
pect the discussions of the faction leaders at this point become important,
the framework of which for example is given in the organisational and
operational rules in „N". This conciliation board in fact meets officially
on the motion of the mayor or the chairman of the Legal and Steering
Committee. In addition to this it is legally given for a professional con-
ciliation forum to act. However, this so-called small assembly probably
due to lack of claim does not exist. Though this form would guarantee
the co-ordination of the activities of the mayor, the two deputy mayors,
the chairmen of the standing committees, the presently non-existing al-
dermen, and the notaries who thus would get into permanent work con-
tact.
A further outcome of the problem is that professionality is definite-
ly pushed into the background by political matters in the present Hunga-
rian local governments. Complex propositions of great importance con-
cerning the town are almost without exception set before the general as-
sembly in the form of motions made by factions. That is, proposals al-
ways have the name of a party at their headings.
A concomitant sign of these faction motions is that the parties when
working them out do not make use of the expertise of the apparatus, so
they are discussed without professional control. A further difficulty in
the sorting out of the problem is that the small groups of national parties
— as a sign of their weakness — cannot rely on advisors similar to experts
who help MPs with their work.
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It is dangerous, because representatives often do not see the legal,
economic or other limits of the issue, which can lead to unlawful resolu-
tions.
The statements mentioned so far have already foreshadowed a not
very benign phenomenon, namely, that the relationship between the ap-
paratus and the local government office is often troublesome in the new
Hungarian local governments. The town-councillors acknowledged the
expertise of the apparatus extremely slowly and only gradually. There
are at least two important factors in its background. On one hand, they
have to work with an apparatus inherited from the dictatorial period, the
expertise of which can hardly be questioned. At the same time the new
town-leading elite have no skills in public administration at all, which re-
sults in facing inability, which is painful for everyone. Since the dis-
missal of the apparatus was out of question, as there is no other specialist
staff in the present situation, conflicts have only deepened. The ambitious
committees try to control the activity of the office units, while some of them
do not rely on the work of the apparatus at all.
This relationship which cannot be called smooth at all have for
months been burdened with the intense uncertainty, which was caused by
the long delay of organisational modernisation. It is no wonder that this cir-
cumstance had an effect on the morals of the office workers and caused
the turnover of highly qualified workers.
The revealed operational anomalies seem to support our hypothe-
sis. The specific features of local government policy do not allow to ap-
ply mechanically the rules of high politics, because it causes disadvan-
tages for the local community.
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LOCAL GOVERNMENTS AND PUBLICITY
I would like just to remind that publicity is the fundamental organising prin-
ciple of a political structure, and any political power exists only through
publicity. And if we regard self-government as an organising principle,
then we must see that it gives great opportunity for the decision-maker to
involve the interests and experience of the local community into the pro-
cess of decision-making. Really it is not only an issue of freedom, but al-
so an important tool in the renewal of legitimacy at the same time.
It is unquestionable that the main factor of local politics is the local
government, but not exclusively. Many organisations of the civil society
should be its alliance in addition to parties, and it is a precondition for
optimal decisions. The question which must be answered is how non-par-
ty-policy interests, views, opinions are channelled into local government
activity. It is a touchy point in the Hungarian local governments with party-
based functioning, since in big towns the effect of „everyone knows eve-
ryone" and its information circulating influence does not work.
The parties in the local governments claim to monopolistic power
which is working out very clearly in the city under examination. To put
it briefly, there is no living relationship between the town and its leaders.
Civil social organisations spring up like mushrooms — to fill in the
previous gap —, and as, on one hand, struggle with the difficulties of for-
mation, and, on the other hand, representing one or two interest groups
they logically get involved in the activity of the local government, they one
after the other knock at the gate of the city hall. The town-councillors de-
finitely refuse to co-operate with them or support them, so we must sup-
pose they do not recognise their own interests. There has been no such
case when any civil group could take part or have any influence on the
preparatory procedure of decisions in which they are concerned. This state-
ment is also true with the committees which do most of the preparation
of decisions. For there — in the outlined way — when involving lay per-
sons professional quality is emphasised and not the variety of interests. It
is necessary to underline at least two of the harmful effects. One is the
danger of decisions to be deformed, and the fact that if civil social orga-
nisations cannot fulfil their function, that is cannot influence decisions,
they will surely wither away.
The direct link between the constituents and the local government
hangs on two rather weak threads. One is the consulting hours of the rep-
resentatives elected in individual constituencies which is held more or less
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regularly, the other is public audition which was institutionalised by the self-
government law. The latter one is not very popular either, not from either
side. The municipal representative body of „N" has invited the citizens of
the town to meet personally only once a year so far (it is the minimum regu-
lated by the law), and only few of them have paid their respect at the session.
Unfortunately, these forms of maintaining relations themselves are not
sufficient in collecting information necessary for decision-making. This
situation cannot be helped by the rarely and only in important issues used
tool of the local referendum or people's motion.
It is a matter of judgement whether we regard the system of relations
between the municipal representative body and the citizens who make up
the community as the internal affair of the local government or as some-
thing belonging to the external relational network. Apart from the sorting
out of this problem the recognition of the relative independence of the
part-areas of towns and villages should be attached great importance to.
Towns, certain villages all over the world have such parts, resort areas,
housing estates, etc. which in spite of close ties to the core area form a
community which has specific features and claims to relative independence.
This statement is especially true with a large town, which in addi-
tion to reflecting the segregation of the inhabitants in the different dis-
tricts, through its growth also incorporated some of the suburban villages.
The Hungarian local authority law — trying to keep up with west-
ern-European partners — allows to set up part-area self-governments of parts
(dictricts) of towns, though the regulations are inaccurate and inconsistent.
Due to this, the plans for setting up pat-are self-governments in the towns
are accompanied with scandals, since nobody knows how and who can
found it.
It cannot be explained merely by the confused situation why the towns
with county status — with exception one town — keep aloof from this self-
government variant. The law states special rules for them, because it allows
them to set up districts, and district offices within them. After that the mu-
nicipal representative body of the town with county status is entitled to set
up a district municipal body of representatives elected in the already existing
district.
Unfortunately, legislators have not stated any objective legal ground
or criteria concerning the setting up of part-area (district) self-governments
in large towns, so the matter of district self-gevernment is exposed to the
subjective judgement of the municipal representative body which is un-
der extreme influence of the parties. For example, the leaders of our city
are not inclined to recognise the traditional partial independence of cer-
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taro districts which is based on their specific interests. In the background of
this behaviour there is a fear of a possible power division within the town,
since the district municipal representative body is a legal entity, too, and
certain decisions and financial resources have to be guaranteed to it. The
setting up of a part-area self-government is most risky because it is unforsee-
able which party will dominate in a particular district representative body.
The part-area self-government — which is at present surrounded by a-
version because of partial interests — could be an efficient form in the explo-
ration and handling of local problems, in getting to know the opinions of
the citizens' groups, in a word to grasp interests which are outside the party
sphere.
Another field concerning our topic is the relationship between the
local press and the local government, since local and regional dailies are
efficient tools of forming the public opinion. Perhaps it is not a single case —
let's think of macropolitics, more exactly the relationship between the go-
vernment and the press mentioned already in the introduction — that the re-
lationship between the local daily and the local government has deeply wor-
sened. The representatives often objected to the fact that the press did not or
not in the expected colouring or angle show the activity of the local govern-
ment to the readers, though it hardly could be denied that covers were re-
gular and the regulations, statements concerning the residents were reported.
Finally, as a consequence upon some incomprehensible offended-
ness things have come to a head. The general assembly passed a resolu-
tion on the municipal representative body to make an agreement with one
of the local commercial newspapers for a year on the following: it reports in
about one page per paper the regulations, resolutions, other information
of the local government, moreover it makes reports about individual rep-
resentatives. The argument was that since every family in „N" gets this
paper every week free of charge, through it wide-spread information can
be guaranteed. The body of representatives seems to be satisfied with this
form because the agreement has been extended from time to time.
Conclusions can be summed up in the following way: facts discuss-
ed in this chapter are also the concomitant signs of party-policy based lo-
cal government activity, where party policy got the upper hand over the
goals of the local government.
As experience proves such local governments do not try to get to
know the opinion of the civil society and of the different interest groups,
that is why they handle their task with a sort of omnipotential. They think
that the confidence they received from their constituents is once and for
all absolute and irrevocable.
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Due to the fact that they are not in touch with the citizens they are
not concerned with the development of an attitude which would handle
the problems specifically to layers or districts, not to mention the draw-
ing up of a tinged urban policy.
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THE EXTERNAL RELATION NETWORK OF THE LOCAL
GOVERNMENT
The local government in its existence is linked to the locality, but the in-
tensity of the engagement in outward politics is extremely important in
its life. The parties can enforce local governments' points of view, and
interests not only through their national centre, but the different local go-
vernment associations prove efficient channels, too. For example, in Italy
they are markedly organised respectively to party affiliation. The estab-
lishment of local government interest associations did not have to be long
waited for, and this was also beneficially encouraged by the local author-
ity law.
In the middle of 1990 in Hungary 16 such associations have already
appeared, only half of which is linked to a certain region or geographical
landscape. The rest declared for themselves to represent local govern-
ment interests on a national level, which lead to inevitable parallelisms.
Among other things several associations simultaneously claimed to re-
present urban and rural local governments against the central govern-
ment. This raises serious problems when exercising the legal rights: „Na-
tional interest associations of the local governments express their opinion
on the statutory provisions concerning the local government and other
draft state decisions. The organ making central decisions must be inform-
ed about the standpoint of the associations ".8
As a result of lack of the necessary co-operation and co-ordination
between the associations, the government and the relevant parliamentary
committee in some for the local governments important decisions failed
to perform their legal duty owing to lack of the right negotiating partner.
So, on one hand, the divided associations and the obscurity of regulation,
on the other hand, hinder the high level utterance of local government
interests. It does not turn out from the legal formulation how the
associations get involved in the process of legislation, .in addition to the
fact that the rights which they are entitled to are rather powerless (for
example, the right of the expression of their opinion).
The plentifulness of the associations does not make it evident that
each local government joins one of them: about the half of local govern-
ments are out of these associations. At the general assembly in „N" it
was put on the agenda to join the association of large towns, but the issue
was definitely refused by the town-councillors. Due to this the town was
at a disadvantage in regard to the enforcement of its interests as well as
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access to essential information, because the Ministry of the Interior pro-
vided information to the different associations. This latter fact is disap-
proved by local leaders as well as the fact that the associations try to es-
tablish independent organisations, to create independent regulation, to
swell their own apparatus. From the experience of the past period the fi-
nal conclusions resulted in the reconsideration of the previous decision of
the representative body, as it is undeniable that the outside position blocks
the town from a possible channel of local government politics.
Like all local governments „N" also lives in a particular place,
which puts the town into a specific relation network. So another segment
of local government politics is given by the structure of the relations
between „N" and its surroundings.
If we have a look at the map of the county — the centre of which is
„N"— it turns out that there is much less freedom for planning than we
would expect, as the town has a predominant role in the whole of the
county. The population of this town with county status makes up 41% of
the total population in the county. 16 towns and villages of the narrow
ring around „N" make up a further 10%, and it can be stated about a
further 40 communities that they come under the gravitation of this large
town, which is the so-called outer ring. That is, the town „N" has the
feature of a general centre (gravity zone, county and regional centre).
In reality, the town's local government do not even make an at-
tempt to influence or direct the relations which arise from provision and
employment functions with the suburban towns and villages. It is enough
to mention primary and secondary education, in the framework of which
1,200 children from about 70 towns and villages (among them there are
some from other counties) commute to „N''to school annually. The town
with county status does not have to rely on the suburban communities'
help, not even financially, since the latest financial regulations allocated
the normative state subsidy to that local . government which supports the
school. So the town turns to the concerned local government only in par-
ticular matters and in certain cases.
In the first year — for example —'the names of only two suburban
villages turned up in the records. One of the requests was that the waste
dump in „N" became small, so its territory needed enlargement. So the
Environmental and Town Planning Committee turned to the relevant
community in order to get their assent. The leaders of the community put
the matter before the village assembly, where the residents gave their
blessing on the matter under certain conditions to be fulfilled.
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At the root of the problem is the fact that the new Hungarian local
government system is built on about 3,000 autonomous units, which are
not duely encouraged to integrate. Moreover, certain financial viewpoints,
the unlimitedness of free undertaking of tasks directly stimulate them to
obtain more and more institutions and tasks. In this way interests are
completely divided. The so-called town surroundings (as units of former
public administration system) which were criticised so much ceased to
exist de jure, while the gravity zones of towns broke up de facto as wel1. 9
For the towns and suburban villages are not made to be interested in the
co-operation, in the maintenance of living relations.
Unless we regard as an incentive the legislative intention which
trusting the ground up organisation of local governments' co-operation
vested the municipal representative bodies with practically unlimited free-
dom of association, which is almost unprecedented in international com-
parison. As the local governments seem to have failed short of the expec-
tations in this field, opinions from responsible quarters were revealed,
according to which there is a prospect of state interference to make re-
gional integration to be more dynamic.
In local government politics the relationship between the county
and the town with county status cannot be ignored. As it was mentioned
in the introduction, the legislators trying to keep the county in a com-
pletely uncertain position created the county with subsidiary function.
Those tasks have to be performed by the county local governments
which urban and rural local governments cannot or do not want to per-
form. As a result of it the scope and role of the county local government
depend on to which extent urban and rural local governments of the re-
gion retained or claim to territorial provision functions from the county.
Finally, the importance of the county depends on what regional and gra-
vity zone ambitions the towns with county status have.
The relationship between the local government of a large town and
the county is usually not well-balanced, mainly if the previous one has the
county status. Their rivalling is not new, though it would be definitely
more advantageous for the citizens if the local government units recog-
nised their interdependence based on equality. Many rightly think that at
the root of the problem is the legal regulation itself. The legislator insti-
tutionalised the conflict between the county and the town with county
status.
Two potential public administrative units with regional scope of acti-
vity work isolated from each other since they are not represented in each
other's bodies.
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The central government's standpoint as against it seemingly sup-
ports most complete interest enforcement of local governments. In reality
it is much less constructive, since it leads to interests to be divided. „In
the cities interests of urban electors can be enforced, and in the counties,
the villages and small towns — not subordinated to big cities — can en-
force their special provision claims which are beyond their essential
functions. In the county representative body of small local governments
that is in the general assembly the towns with more than 50,000
inhabitants are not represented. So it is guaranteed that the regional and
micro-zone interests of the big cities and the smaller settlements indepen-
dently appear in the relevant local governments, not subordinating each
other." 1u For the time being there is no institutionalised framework to
solve the problem, but it can be a feasible arrangement if the two (i.e.,
county-seat municipal and county) bodies of representatives are perma-
nently represented at each other's sessions with the goal of mutual infor-
mation. However, no such co-ordination was brought about neither with
regard to common interests nor to benefits given by task division between
the relevant local government units.
In the town under survey we have come to the same conclusion,
though here the county initiated to create such links. The leaders of the
town responded with refusal, though it was already an open secret at that
time, that the large town is concerned with the take-over of some public
institutions which are maintained by the county but located in the town
with county status and are mainly for the service of the town's inhabi-
tants.
Legal framework for this is given, but its practical reasons deserve
attention. For the goal of the large town is ousting the county from „N"
referring to the following: the county local government should not have
any properties or profit-making public institutions within the territory of
a municipal local government which is taken out from the scope of the
county authority.
Although it can be stated that the principle of divide et impera won,
which was supposedly enforced by the legislators, nevertheless it can be
recommended that the two types of local government should co-operate
based on partnership even without any public law links. The reason is at
least twofold. On one hand, it is to be found in the regional development,
regional politics, and in provision organisation, on the other hand. While
the first problem will be analysed later, with the latter one it should be
taken into account that Hungarian public administration through the local
government system fell into its smallest pieces, namely to towns and vil-
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lages. At the same time legal statutes concerning provision-organisation
are fairly liberal. The dividing lines between the authority of the towns,
villages and that of the counties are obscure, that is why such setting of
tasks is incomprehensible in which all the tasks that the towns' and vil-
lages' local government cannot be compelled to do lodges to the county.
But this latter category is not defined or closed by the law.
Putting the question into another light: it is a widely known fact that
due to the ever increasing claims of the consumer society only a rather li-
mited range of the local government service functions can be met within
the boundaries of a particular local government of town or village. But
according to Hungarian legal regulations — as I have mentioned it — in a
model which is being formed ground up only local governments can ini-
tiate communal co-operation, foundation of partnerships. Due to this, there
is a real risk for a part of the regional-type supply organisation tasks remain
unappropriated. For the time being the county and in co-operation with it
the town with county status which is also a gravitation centre, with even
a regional scope can have a dominant role in filling the vacuum in this
field, most of all in the elimination of uneven, uneconomical and unpro-
fessional performance of tasks.
One of the guarantees in the protection of local interests, in short in
the preservation of autonomy is the mentioned „foreign affairs". Among
its elements the relationship with the central, or superior authority, the
established negotiating position with it cannot be neglected. In this res-
pect special attention should be paid in the Hungarian public administra-
tive system to the new, non-traditional organ which was created to con-
trol legality in the local governments. The institution of the Comissioner
of the Republic — taken out from its original public law environment —
undeniably follows the French pattern. In the background of its introduc-
tion there is a political compromise again. In the centre of the dispute
there was repeatedly the county.
Those who supported the conception of the local government to be
an independent power branch, wanted to create a system which is based on
the free association of urban and rural local governinents, instead of the
county local government. According to this the organ for exercising lega-
lity control would not have been necessary to create, it would have been
possible to turn directly to court against unlawful decisions of the local
governments.
The other side would have lodged the legality controlling functions
and appeals against single official matters to the office of the county lo-
cal government. This model as against the presently prevailing one — in
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which the urban and rural local government is in the centre — would have
firmly linked up the organisational role of the latter ones with the county
and for the central government would have resulted in a local govern-
ment system which can easily be influenced.
Finally, though the county local government remained, the regional
office of the Comissioner of the Republic was organised to fulfil legality
controlling functions, the second instance and other official duties. Many
say that reaching this compromise was possible because it seemed that
the controlling organ as to its legal status will be relatively independent.
That is, the requirement against it was to fulfil a balancing role between
the branches of power. This claim also can be found in the regulation it-
self. The local authority law orders so as the comissioner of the republic
would not primarily be linked up with the government within the state
organisation, that this office-bearer should be appointed on the nomina-
tion of the Prime Minister — after a parliamentary committee hearing —
by the President of the republic. But it opens up a lot of contradictions,
the first of which is that the law states that the government with the assis-
tance of the Minister of the Interior through the comissioner of the re-
public controls legality in the local governments.
The endangered position of the local governments on the whole
does not originate in the legality controlling authority, as the comissioner
of the republic cannot take any real action, he can only exercise his right
of initiation.
This conclusion is also supported by practice. For example, the town
under survey was concerned with the legality control only twice in the
first year. In the first case the local government failed to comply with the
legal conditions concerning the election of an external member to a com-
mittee. It acknowledged the legality comment of the office as right, its
resolution was set aside and order was restored by another voting. On the
second occasion the conflict turned to be more serious, as the municipal
representative body disputed the legal ground of the supervisory notice,
so apart from the notification to the comissioner of the republic it did not
,
take steps to avert the alleged legal offence. The matter which was about
how the local government officials' wage is calculated, thus fell to the
jurisdiction of the court.
So the Hungarian system of control over local governments has re-
stricted means even compared to the West-European models, and it is al-
most exclusively restricted to asking for information and making com-
ments on legality. 11 The comissioner of the republic is not entitled to
special supervisory rights, he cannot act instead of the local government
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or eliminate it, though these are rarely exercised in other countries, too, un-
der normal conditions. At the same time local governments several times
take it amiss that the office of the comissioner of the republic is in lack
of helpful and advisory conduct. Just on the contrary, the office often re-
fuses to create a permanent work contact between the controlling and the
controlled which would prevent the infringement of law.
So legality control does not have a preventive character at all, though
both in West-European and North-American local authority law a tendency
of consultations based on mutual interest reconciliation and protection of
local government autonomy prevails. E. Becker quite simply calls advising
the core of communal contro1. 12 As Hungarian legislators have not taken
a standpoint on the issue of consultation and professional help, namely if
it is part of the local government control or belongs to another sphere of
central-local relations, for the time being the supervisory organ decides
on whether to make use of advising or not.
The reason for refusal suggests cautiousness, as among the reasons
there is usually the observation of local government independence and
non-interference. Anyway, there is undoubtedly something to be said for
the regulation, that it is really reduces the relation to legality control.
So as to give a complete account let's have a look at further scopes
of authority remitted to the competence of the comissioner of the repub-
lic. It performs certain state administrative duties which are stated in law
or by the government on grounds of legal authorisation, and co-ordinates
the activity of his own office and that of other state administrative organs
which work in the region. So the office can be vested with state adminis-
trative authorities, which goes together with the high risk of the necessa-
ry decentralisation of public administration to fall not exclusively to the
local governments, since authorities can also be located to the comissio-
ner of the republic. Moreover, governmental authorisation is so wide that
it makes the extension for the controlling organ to be vested with other
state administrative authorities almost unlimited.
The process has already begun. The law concerning the duties and
spheres of activity of the local governments and their organs, that of the
comissioner of the republic and certain centrally subordinated organs, ac-
cording to the inherited structure first of all states the spheres of activity
broken down to branches. Secondly, in fields important for the local go-
vernments, for example public education, social policy, health the go-
vernment has already been authorised to vest state administrative duties
to the comissioner of the republic. 13 Zs. Balogh rightly calls attention that
there is a chance of a parallel administrative system to come into being, in
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which the local government administration and the controlling office (or
further deconcentrated state organs) working parallelly implement the most
expensive version."
It is to be feared that this tendency leads to the emptying of self-
government, so proper constitutional guarantees are essential against the
nationalisation of tasks. The negative influence on the local governments
independence can only be increased by the other right of the comissioner of
the republic which is alien from the fundamental legality controlling func-
tion and which is not clear in its content and means. Within the scope of
this task the comissioner — according to the relevant preamble — actually
with no limits co-ordinates the activity of its own office, on one hand,
with that of the different deconcentrated county organs, on the other
hand, with that of the municipal representative bodies of the county and
the urban and rural local governments. In addition to this, it co-ordinates
the activity of the local governments' offices and that of the deconcent-
rated organs.
In the aspect of external interferences it should be added that the
office of the municipal representative body is the organ of the municipal
local government's body.
The outlined characteristic features of the institution exercising le-
gality control over the local governments make the analyst finish with
the illusion of independence. Our final doubts are dispelled by the sec-
tion of the local authority law, according to which the Minister of the In-
terior controls the activity of the Comissioners of the Republic. 15 So this
organ can be defined as a deconcentrated organ with general scope of ac-
tivity, the development line of which is not at all unambiguous.
At the same time more and more people consider the future role of
the fact that the comissioners of the republic work in regions, the capital
city and its districts. Since the Hungarian public administrative system
has not been divided into regions until recently, the Parliament had to or-
der in a separate resolution about the regions which serve as the basis for
the comissioner's competency.
Do the germs of a new regional administration appear hidden in the
form of a controlling organ? In the opinion of Gy. Enyedi — that can be con-
sidered as competent thinks — it is possible that the office of the comissi-
oner of the republic will become the basis of the Hungarian regional go-
vernment. But there would be severe conditions of it, as the union of the
counties comprising the regions in certain cases can really be considered
as regions, but in other cases they give the impression of improvisation
and groundlessness in the aspect of regional relations. 16
32
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Discussion Papers, No. 15.
CONCLUSIONS
In the closing lines of the study I am trying to outline general correspon-
dences instead of summarising some operational anomalies. The creation
of the new local governments in Hungary — in spite of its numerous de-
ficiencies — is considered to be a landmark in the establishment of the
system of democratic institutions. It can be rightly stated that the legally
ensured freedom and independence of local public legal representative
bodies is outstanding even compared to European standards.
It is another matter that in this field the process of foundational le-
gislation has not yet been closed which for the time being makes the ten-
dency in the development of the local government structure unpredictable.
The lack of legal regulations, the inexperience of the new leading
elite and the traditional distrust all make it difficult for the local govern-
ments to function. In relation to distrust I would like to mention that this
factor has played not a minor role in that there is no regional government
presently in Hungary. The former county which had a middle-level con-
trolling function lost such rights, because as the redistributor of material
resources it became the embodiment of the centralisation in the state so-
cialism. The desire to be freed from the county which was branded as the
extended arm of the ex party-state perhaps unduly set the towns and vil-
lages into the limelight. The intention of creating local governments with
a wide-ranging independence took the attention off the fact that there
was no proper counterweight of the government on regional level which
would primarily protect regional interests. Moreover, it also happened
that a great share of the former county scopes of activity went into the
deconcentrated organs which were founded by the ministries in large
numbers. The direct result of it is the growth of the government's signifi-
cance, that is centralisation.
In the background of the happenings there is the frittering away of
the Hungarian public administration, which is just the 'opposite of the in-
ternational tendency. In Hungary, at the time of state socialism — not in-
significant coincidence with similar phenomena in western democracies
— the fusion of the public administrative units was accomplished within
the council system. This regional integration was and is attributed to par-
ty-state distortions and centralising efforts, though in its intensity it was
more moderate than in the west. Though it is undeniable that the country
in its infrastructure was not prepared for the provision of the newly set up
regions, which caused disadvantages to quite a number of small villages.
33
Pfeil, Edit : Local Governments and System Change. The Case of a Regional Centre.
Pécs: Centre for Regional Studies, 1992. 38. p.
Discussion Papers, No. 15.
Due to the accumulated aversion, in 1990 almost every village
elected its own municipal representative body. Thus the number of the local
governments doubled, increased from 1,500 to approximately 3,000.
There is no strategy presently to cope with the disintegration in
public administration. There are only germs of the system of ground up
associations which was proposed by the local authority law. And what is
even more serious is that as an organical concomitant of the drafted pro-
cess the regional information system has been broken up, nobody cares
about regional planning and regional interest protection, finally there is
no co-ordinated regional development. It is necessary to find a way out
from this chaotic state as soon as possible.
34
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Discussion Papers, No. 15.
NOTES
1 AGA, A. 1991b., p. 117.
2 BIHAR', M. 1990.
3 AGH, A. 1991a.
4 1990. evi LXV. torveny a helyi onkormanyzatokrol (Act LXV on the
Local Governments)
5 1990. evi LXV. torveny 24. szakasz (2) bekezdes (Act LXV Section 24,
Paragraph 2)
6 WEHLING, H-G. 1986.
7 PALNE KOVACS, I. 1991., p. 1025.
8 1990. evi LXV torveny 102. szakasz (2) bekezdes (Act LXV Section 102,
Paragraph 2)
9 In Hungary the regional administrative model of the so-called town
surroundings (suburban zones) existed from 1971, so for about two
decades. Although the established mutually close social, economic,
supply, employment, geographical and transport relations had to be
taken into account when the town surroundings were created, in reali-
ty they were primarily organised in an administration-centred way. The
professional apparatus of the towns (centres) regularly performed the
public duties which needed high qualification in the whole of the town
surroundings. Co-ordinated development of the linked region was
pushed into the background. The compulsorily raised town surround-
ing fund served the purpose of hidden financial support for the com-
munities, mostly financing separate and not jointly implemented pro-
jects. However, it has something to be said for the co-ordination com-
mittees of the town surroundings, for they maintained living relations
and a dialogue between the towns and villages of a region which were
connected in some way.
10 VEREBELYI, I. 1991. p. 773.
11 Within the scope of legality control over the local governments the
comissioner of the republic has the following means: setting a deadline
he calls upon the municipal representative body to stop law infringe-
ment. If the municipal representative body did not take measures to stop
infringement in the given period, then the the comissioner of the re-
public can exercise his right of initiation. This latter right has three lines.
35
Pfeil, Edit : Local Governments and System Change. The Case of a Regional Centre.
Pécs: Centre for Regional Studies, 1992. 38. p.
Discussion Papers, No. 15.
He can ask the review and annulment of illegal decrees of the local go-
vernment at the Constitutional Court, and that of illegal resolutions at
the court. He can also initiate the convocation of the municipal repre-
sentative body in order to stop infringement, and state the body offi-
cial's responsibility. None of the measures taken by the the comissioner
of the republic has a delaying force upon the contested legal act.
12 BECKER, E. 1965.
13 1991. evi XX. torveny A helyi onkormanyzatok es szerveik, a kortar-
sasagi megbizottak, valamint egyes centralis alarendeltsegii szervek
feladat- es hataskoreir61 (Act XX on the Scopes of Duties and Author-
ities of the Local Governments and their Organs, that of the Comissio-
ners of the Republic and Certain Centrally Subordinated Organs)
14 BALOGH, ZS. 1991.
15 1990. evi LXV. tOrveny 96. szakasz (e) pont (Act LXV, Section 96,
Point (e))
16 ENYEDI, GY. 1991.
36
Pfeil, Edit : Local Governments and System Change. The Case of a Regional Centre.
Pécs: Centre for Regional Studies, 1992. 38. p.
Discussion Papers, No. 15.
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38
Discussion Papers 1992. No. 15.
Local Governments and System Change.
The Case of a Regional Centre
The Discussion Papers series of the Centre for Regional Studies of the Hungar-
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Discussion Papers 1992. No. 15.
Local Governments and System Change.
The Case of a Regional Centre
Papers published in the Discussion Papers series
No. 1 OROSZ, Eva (1986): Critical Issues in the Development of Hungarian
Public Health with Special Regard to Spatial Differences
No. 2 ENYEDI, Gyorgy — ZENTAI, Viola (1986): Environmental Policy in
Hungary
No. 3 HAJDU, Zoltan (1987): Administrative Division and Administrative
Geography in Hungary
No. 4 SIKOS T., Tamas (1987): Investigations of Social Infrastructure in Ru-
ral Settlements of Borsod County
No. 5 HORVATH, Gyula (1987): Development of the Regional Management
of the Economy in East-Central Europe
No. 6 PALNE KOVACS, Ilona (1988): Chance of Local Independence in
Hungary
No. 7 FARAGO, Laszlo — HRUBI, Laszlo (1988): Development Possibilities
of Backward Areas in Hungary
No. 8 SZORENYINE KUKORELLI, Iren (1990): Role of the Accessibility in
Development and Functioning of Settlements
No. 9 ENYEDI, Gyorgy (1990): New Basis for Regional and Urban Policies
in East-Central Europe
No. 10 RECHNITZER, Janos (1990): Regional Spread of Computer Technol-
ogy in Hungary
No. 11 SIKOS T., Minas (1992): Types of Social Infrastructure in Hungary
No. 12 HORVATH, Gyula — HRUBI, Laszlo (1992): Restructuring and Re-
gional Policy in Hungary
No. 13 ERDOSI, Ferenc (1992): Transportation Effects on Spatial Structure of
Hungary
No. 14 PALNE KOVACS, Ilona (1992): The Basic Political and Structural
Problems in the Workings of Local Governments in Hungary