Communal Administrative Agencies
in Yugoslavia
UDC 35.072:352(497.1)
1. In the system of socio-political com-
munities in the Socialist Federal Republic of
Yugoslavia, the commune is a self-managing
and the basic socio-political community.
The functions of power and management of
social affairs, with the exception of those which
under the constitution are exercised in the
broader socio-political communities, are exer-
cised in the commune.
The rights and duties of the commune are
laid down by the constitution and in the com-
mune by by-laws. The commune independent-
ly organizes and regulates the organization and
work of the communal assembly and other
communal organs. The communal assembly
lays down basic principles concerning the or-
ganization and competence of communal
organs, sets up communal administrative agen-
cies, nominates and relieves of office specific
officials of those agencies.
2.The communal administrative agencies
execute and ensure the execution of
directly
the statute and other federal and republican
regulations, unless their enforcement has been
placed within the competence of administrative
organs of other socio-political communities
(federation, republics, provinces). Communal
administrative agencies execute federal laws
and other regulations and enactments of the
federation with the exception of those laid down
by the Federal Constitution when federal organs
are responsible for the implementation of laws,
regulations and enactments.
Federal administrative agencies communicate
with communal administrative agencies with
the help of appropriate republican and/or
provincial agencies. Federal administrative
agencies may, as laid down in the federal stat-
ute, communicate directly with the communal
administrative agencies concerning matters of
military obligation and military mobilization
of people and material means and the pro-
by
Ljubiša ZARIĆ,
President of the Association for
Administrative Sciences and Practice
of the Socialist Republic of Serbia
tection of rights and interests of Yugoslav citi-
zens abroad.
Only when federal organs directly enforce
federal laws, other regulations and enactments
are they authorized by federal statute to estab-
lish organs and organizational units to deal
with certain administrative affairs falling within
the competence of federal organs in the field
of international relations, national defence,
customs, foreign exchange and market inspec-
tion, control of the transfer of goods and serv-
ices across the state border, control of measures
and precious metals, security of air transport-
ation and radio broadcast.
3. When authorized by the statute, the
republic establishes republican administrative
on the commune’s territory to carry
agencies
out some administrative affairs falling within
the republic’s competences. It is also author-
ized to call upon a commune to set up admin-
istrative agencies to conduct affairs within the
republic’s competences or to conduct affairs
within the commune’s competences when they
are of general interest for the republic. Under
conditions specified by law, some affairs within
the rights and duties of the republic may be
transferred to communal administrative agen-
cies and to other communal organs if the
means, i.e. sources of revenue for their per-
formance, are provided by the republic.
4. According to the above regulations and
constitutional principles, communal administra-
tive agencies are basic administrative agencies
in the SFRY system of administration and, as
such, they directly enforce regulations and
enactments of communes and also all federal
and republican statutes, regulations and enact-
ments. In this sense, communal administrative
agencies are also independent communal organs
within the framework of their rights and duties
laid down in the constitution and the statute.
The fundamental functions of communal ad-
ministrative agencies are also laid down in the
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constitution. They implement formulated
policy and enforce statutes, regulations and
enactments of the communal assembly and its
collective executive organ; carry into effect
guidelines of the assembly; are responsible for
the position in their fields of competence, they
closely follow the position in certain fields and
initiate solutions of problems in those fields;
decide administrative affairs; exercise admin-
istrative supervision; conduct administrative
affairs; pass regulations and enactments for
which they are authorized; and perform other
services for the communal assembly and its
collective executive organ.
The constitution states the rights and duties
of communal administrative agencies to provide
efficient implementation of the rights and
interests of workers and citizens, organizations
of associated labour and other self-managing
administrative organizations and communities.
In conformity with the nature and character
of the SFRY socio-political system, communal
administrative agencies perform these functions
if they are not entrusted to another organ or
self-managing organization set up by the statute
or by the decision of the communal assembly.
It is provided in the constitutions that deci-
sion-making in individual cases and the per-
formance of other public functions may also
be entrusted to some self-managing organiza-
tions and communities. These functions of
communal administrative agencies are regul-
ated more closely and in more detail in the
republican and provincial statutes and in com-
munal by-laws.
5. Communal administrative agencies
force statutes and other regulations when they
pass resolutions and enforce other acts, con-
duct administrative and other affairs, issue
orders, instructions and resolutions as general
normative acts when they are explicitly author-
ized to do so.
Communal administrative agencies are,
rule, first instance organs which decide on
vidual administrative cases, on rights and
duties, and on the legal interests of individuals
or artificial persons, by the direct enforcement
of communal, republican, provincial and
federal regulations.
Exercising administrative supervision,
munal administrative agencies see to the legal-
ity of enactment of organs, organizations of
associated labour and of other self-managing
organizations and communities over which they
exercise supervision, undertake security mea-
sures and other measures for which they are
authorized. They start the procedure to assess
the constitutionality and legality of these acts.
Through the inspection control, in the frame-
work of their rights and duties, administrative
agencies exercise supervision over the enforce-
ment of laws and other enactments by organs
and organizations of associated labour and
other self-managing organizations and com-
munities and citizens, stating the position,
giving orders to eliminate irregularities and
performing other measures for which they are
authorized by the statute and statutory regul-
ations.
In the framework of their basic functions
within the province of execution, com-
falling
munal administrative agencies also perform
--
professional activities for the communal as-
sembly and its collective executive organ, pre-
pare drafts of regulations and other enactments
and perform other tasks to meet the needs of
those organs.
In order to carry out their functions, com-
munal administrative agencies analyse the posi-
tion in certain fields with a view to the enfor-
cement of regulations and implementation of
policy, they analyse the conditions for its im-
plementation and follow the position throughout
the process of enforcement of regulations and
implementation of adopted policy.
Their duties towards the communal assembly
and its collective executive organ result from
the responsibility of communal administrative
agencies for the position in the fields for which
they are organized. They are bound to propose
initiatives to these organs, undertake measures
en- and pass regulations for which they are author-
ized, as well as provide an active relation with
other state organs, self-managing organizations
and communities.
This obligation of the communal administra-
tive agencies is stated in the new constitutions
and is the result of the insufficient determin-
as a ation of communal administrative agencies to
indi- enforce regulation and implement formulated
policy. The introduction of the delegate sys-
tem made it even more possible, because all
the communal assemblies of socio-political
communities were in a position to rely more
on the self-managing organizations and com-
munities and other self-managing organs which
com- do not belong to administrative agencies.
6. Communal administrative agencies are
answerable for their work to the communal
assembly and its collective executive organ and
they discharge affairs within their province of
work and according to the constitution and

statute. Communal assemblies exercise poli-
tical control and supervision over the agencies’
work. They are obliged to submit reports on
their work and on the position in appropriate
fields of administration, to explain, and inform
on, problems within their province of work,
to give data, papers and other documents
necessary for the work of these organs, to
investigate the position in some fields, to study
certain problems and to report to the assembly.
The position,duties and responsibilities of
officials at the head of administrative communal
agencies are carefully defined in the statutes
and in commune by-laws. They are appointed
for a term of four years by the communal
assemblies. They can be elected for two con-
_
secutive terms and exceptionally, by a special
procedure laid down by the law, for one more
term. It is laid down by the constitution that
the chambers of the communal assembly may
initiate the procedure to recall these officials
before the expiry of their terms. On the other
hand, officials have the right to submit their
resignation if they are not able to ensure the
regular and efficient operation of the organs,
if they find that it is impossible to provide
for the enforcement of an act of the commune
or to implement its policy and in certain other
cases. The principles, conditions and pyro-
cedure of the political and other responsibilities
of officials and workers in communal admin-
istrative agencies are laid down in the statute.
7. to the of openness
According principle
off work, communal administrative agencies
must inform the public by of the press,
means
radio and television about any matters in their
province of work and measures undertaken
which are of concern to citizens, organizations
of associated labour, and other self-managing
organizations and communities and must allow
access to data and information in their province
of work which of direct interest to citizens,
are
self-managing organizations and communities,
or of public interest.
8. Mutual relations between communal and
other administrative agencies are based on the
rights and duties set forth in the constitution,
statute and by-law as well as on their mutual
cooperation and professional assistance. Com-
munal administrative agencies are bound to
cooperate with other administrative agencies
concerning questions of common interest, to
help each other by giving data and information
necessary for their province of work and to
coordinate their programmes and plans. The
statute and the constitution provide that repub-
lican administrative agencies are obliged to
give professional assistance to communal ad-
163
ministrative agencies and to inform them of
regulations and other acts which they prepare
and which are of concern to the respective
spheres of administration. Under special con-
ditions set up by the statute, republican ad-
ministrative agencies may take over the dis-
charge of certain affairs within the competence
of communal administrative agencies when the
latter do not conduct them.
In a stateof emergency, republican admin-
istrative agencies, during the duration of the
circumstances, operate and organize certain
actions, helped by their experts, and undertake
other measures needed in the danger area.
In exercising the rights and duties in their
province of work, republican administrative
agencies are authorised to request reports from
communal administrative agencies concerning
the enforcement of statutes and other regul-
ations and social plans and information con-
cerning the position and occurrences in each
agency’s province of work. The agencies are
protected because they are responsible for pre-
senting only the data they have available or
are obliged to hold by regulations.
In affairs of general interest for the republic,
republican administrative agencies have the
right and duty to issue to competent communal
administrative agencies binding instructions for
the’conduct of affairs for which they are author-
ised by statute and for the enforcement of
statutes and other republican regulations.
In exercising the right of supervision, a
republican administrative agency is bound to
warn the communal administrative agency of
the obligation to enforce regulations and, for
that purpose, the republican administrative
agency may order a time-limit for the per-
formance of particular affairs, inform the com-
munal assembly or the collegial executive organ
about it and propose the adoption of appro-
priate measures.
In affairs which are of general interest for
the republic, republican administrative agencies
have the right and duty of direct or inter-
mediate performance of the inspectoral or other
administrative act for which the communal ad-
ministrative agency is authorised, if the said
agency fails to perform such affairs, although
it was warned to do so and the non-execution
of that act may cause serious harmful conse-
quences.
Administrativeagencies of the city of Bel-
grade aswell as of other big cities have, in
the same rights and duties toward
principle,
communal administrative agencies on their ter-
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ritory as the republican administrative agencies
toward communal administrative agencies.
Relations between provincial and communal
administrative agencies on the territories of
provinces are similarly defined by the Consti-
tution. Therefore, it may be said that in
mutual relations between administrative agen-
cies of narrower and broader socio-political
communities, centralisation and subordination
are excluded as well as the elements of demo-
cratic centralisation. Under the Constitution
and other regulations, communal administrative
agencies are in a relation of active cooperation
with other state organs, self-managing organ-
isations and communities in matters of their
interest.
9. Communal administrative agencies may
impose obligations on the self-managing organ-
isations and communities if they are explicitly
so authorised by statute, according to the pro-
cedure laid down by statute. They are bound
to enable the self-managing organisations and
communities to present their attitudes, opinions,
comments and proposals concerning matters of
their interest.
10. In order to create convenient conditions
for the realization of the rights and duties of
citizens, communal administrative agencies are
bound to organize their work and conduct of
affairs in such a way that citizens may effect-
ively realize their statutory rights and interests.
In this connection, a citizen is entitled to claim
the reimbursement of expenses he incurred
when he responded to the summons of a com-
munal administrative agency but the official
act was not performed, through no fault of his.
11. On the basis of the constitutional prin-
ciple onthe right of all socio-political com-
munities to self-organisation, the organisation
of the communal administrative agencies is
defined in conformity with the needs and con-
ditions of every commune in such way that it
provides legal and timely realisation of the
rights and duties of citizens, organisations of
associated labour and other self-managing
organisations and communities and rational,
effective and economic conduct of affairs.
Under republican and provincial regulations
secretariats, departments, directorates, commis-
sions and other bodies may be established for
exercising the administrative affairs in the com-
mune. Secretariats are established for one or
several related areas of administration, depend-
ing on the complexity and volume of affairs,
and if the conduct of affairs involves the
creation of several internal organisational units.
A department is formed for one area of admin-
istration or for several areas with a lesser
volume of affairs. For the conduct of admin-
istrative, accessory-technicaland other affairs,
as well as for the common utilisation of bureau-
technical instruments, other equipment and pre-
mises and for the provision of other working
conditions, joint services may be established
for all communal administrative agencies in a
commune.
12 a. In conformity with the principle of
intercommunal cooperation, the assemblies of
two or more communes may form joint bodies,
organisations and services for the conduct of
particular administrative affairs within the
framework of the rights and duties of the com-
mune. These bodies are created especially if
the volume and nature of affairs are such that
their conduct is in this way more rational and
more effective. By the Creation of Intercom-
munal Agencies Act, the method of appointing
their heads and relieving them of office and
their relations with the communal assemblies
and other matters are defined. In this way
communal administrative agencies exercising
interior affairs are organised, as also some
inspectoral organs, services for economic and
social planning and some other organs.
12 b. In a commune, adequate administra-
tive agencies are obligatorily set up for the con-
duct of affairs within the competence of the
republic or affairs of general interest for the
republic within the competence of the commune
if it is so provided by special statute. It is
the case of services of social income, agencies
which perform geodetic matters, affairs of
national defence and interior police matters.
Under particular republican regulations it is
provided that the statute may prescribe the
formation of joint intercommunal administra-
tive agencies if it is of general interest for
the republic.
12 c. Under constitutions of particular
republics it is provided that intercommunal
regional communities which have not the status
of socio-political communities may be author-
ised by special statutes to conduct particular
administrative affairs within the competence of
the republic, as is the case of the Socialist
Republic of Serbia. The same possibility is
provided for communes.
12 d. Local offices are set up, as a rule,
in particular settlements and in certain parts
of the territory of cities in order to bring the
conduct of certain administrative affairs within
the competence of communal administrative
agencies nearer to the citizen.
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13. In principle, the rights, obligations and
responsibilities of workers (public employees)
in working communities of the communal ad-
ministrative agencies are defined in the same
way as for other workers with consideration
of certain particularities. It is provided for
workers in working communities of the com-
munal administrative agencies : that, during
their work, the professional education and
working capability of every worker and the
conditions for the development of his working
capability and personality should be expressed;
that the greater capability of a worker expressed
in his work should be the basis for exercising
more complex and more responsible duties and
obligations; that the working capability of a
worker is evaluated on the basis of his con-
tribution and effort in the accomplishment of
tasks and affairs which are entrusted to him;
and that a worker for equal work realized
under equal conditions equally participates in
the allocation of resources for personal incomes
and in the realization of any other rights
acquired according to the results of labour.
Workers in working communities of the com-
munal administrative agencies realize personal
incomes in conformity with the foundations and
criteria determined by social compact and
particular rights on the basis of past labour.
Besides general conditions for acquiring the
status of a worker, special conditions are de-
termined by separate regulations which are
worked out in detail by self-management enact-
ments spelled out the workers themselves.
by
Workers who conduct the basic affairs of com-
munal administrative agencies must have a
proper professional education and have passed
the related exam and, if it is separately de-
termined, experience in the relative profession
or service. The number of workers and their
professional education are determined in con-
formity with regulations by which the principles
for internal organisation are established.
Vacancies are filled on the basis of free com-
petition with direct participation of the workers
and this method is, in principle, uniform in
all other administrative agencies and other state
organs.
Working hours in the communal administra-
tive agencies total forty-two hours per week
of five working days. Workers are entitled to
daily rest and to an annual holiday with pay
of not less than eighteen working days after
six months’ continual work. The annual holi-
day may last at the longest thirty-six working
days. Workers who work under special condi-
tions are entitled to a longer annual holiday,
up to 60 working days. The length of annual
holiday is determined by a self-management
enactment passed by the workers themselves
and is subject to the conditions of work, work-
ing experience, working results and particular
social conditions.
All other rights and obligations of workers
in the communal administrative agencies are,
in principle, the same as the rights and duties
of workers in the working organizations.
Workers who work in the communal admin-
istrative agencies form a working community
and have the right and duty of self-management
of the matters determined by the Constitution,
statute and other regulations. These rights are
equal to the rights of workers in other adminis-
trative agencies.
The means of work of administrative agen-
cies are determined in conformity with statute,
social compact and self-management agree-
ment. They are composed of the resources for
personal incomes, resources for collective con-
sumption, resources for material expenses and
resources for equipment. The communal ad-
ministrative agencies may have resources for
special purposes. The regime of these resour-
ces and the rights of workers and officials of
the communal administrative agencies are uni-
form in all administrative agencies and state
organs.