지방자치단체의 기능적 권력통제에 대한 공법적 검토- 지방자치단체의 국회입법참여 확대방안을 중심으로 -

Abstract

Regardless of the fact that there are serious interests in the provinces, local autonomous organizations can simply participate passively in public hearing etc. based on the“The National Assembly law”, local governments do not have the right to decide on the law. his is contrary to the realization of “functional power control” that pursues integration and harmony while keeping checks and balances between the state and local public entities, and improvement is required for this. Specifically, ① the lack of guarantee of the ordinance high right of local governments, ② the limit of participation rights to the National Assembly such as consultation bodies, ③ the absence of technical committees and specialized agencies specializing in matters of local autonomy. Until now, important issues in decentralization and numerous bills were often abandoned in the National Assembly without much discussion during the legislative process of the National Assembly. However, in the case of Japan, local public gomernments have the right to submit opinions to the National Assembly, and they can also exchange views by creating a forum for discussion with the state. Also in the case of Germany, the federal council of local governments and the Federal Council of Parliament are in a process of actively participating in the National Assembly legislation. Such cases of foreign countries have great suggestions in Korea. Recently, the “provision of administration concerning policy councils between central administrative agencies and local autonomous organizations” has been enacted and enforced, but it seems that the participation of local autonomous organizations in legislation is still not enough and has not been completely improved. From now on, local autonomy must change its paradigm from “decentralization of administrative power” to “decentralization of legislative power”. For this purpose, it is now necessary to discuss ① establishment of legislation request right against the provisions of Article 22 of the Local Autonomy Law, ② guarantee of participation rights in the hearing of the National Assembly, ③ establishment of a special decentralization committee, ④ establishment of the regional representative Senate.