The Irish Republic

The Irish Republic

     Continent.: Europe National Name: Poblacht Na h'Eireann Capital: Dublin

Area: 70,283 sti km

Population: More than 3.5 mln. people.

Ethnic composition is Celts and » small number of Anglo-Saxons

A Brief

Historical Outline: On April 18. 1949 the rot in try became an independent republic

Geographical

Position: The country is situated in the north-west of Europe, on the island of Ireland. In the north it borders on Northern Ireland, which is a part Of Great Britain. It is washed by the Atlantic Ocean.

Political System: Democracy Head of State: President

Languages: Irish (Gaelic, the language of native inhabitants of the country is being restored, it is still spoken by the minority), English (both languages are official ones).

Main Religions: Catholics - 98%, Protestants - 4%.

Government Type: Parliamentary Republic

Ireland

The Irish Republic consists of 26 (out of 32) counties of Ireland, the island which is situated to the west of Great Brit-

11>0 

aiu. The Republic of Ireland comprises 26 of 32 counties of Ireland, the island situated to the west of Great Britain. After signing the English-Irish agreement in 1921 all these counties formed the "Free State of Ireland,"^m which to a considerable extent became independent from the British rule. In 1937 the Constitution of the country was adopted.¹¹¹ Nevertheless, Ireland continued to remain in the British Commonwealth until 1949 when the Irish Republic was formed. The rest 6 counties remained in the composition of Great Britain and are known as Northern Ireland.

 Before 1922 both parts of Ireland - Northern and Southern - had a common system of local government, similar to British in many ways; 32 counties were organized in the period between XII and XVI centuries to perform legal and military functions. Their formation was followed by the development of governing structures in the counties, their activity was directed to the construction of roads, bridges, hospitals and prisons. The cities acquired a municipal status in accordance with royal acts that granted their citizens the right to create their own legal unities, so-called corporations. Corporations realizing their interests through civic officials (mayors, bailiffs, clerks, etc.) and Councils administered the affairs of larger ci ties administratively equivalent to counties (boroughs) and provided the activities of the main services, e.g. police, street cleaning, water-supply, etc.

 The formation of modern types of local government began in the XlXth century in connection with the development of the institutions of citizens' representations. In order to hold a reform in the boroughs by Law on municipal corporations of 1940elected Councils - urban and rural - were introduced, they were imposed with the duties to take care of the poor and provide medical service to the population. The final stage of democratization of the governments in the counties was fulfilled after the adoption in 1898 Local Government (Ireland) Act. The Councils of counties arid boroughs inherited the administration from former organs of authority - non-representative large juries. When the country became independent in 1922 the new government continued reorganization of local administration and considerably reduced the number of local organs of power. To appoint officials to superior organs of authority a new central administration was created. The actions taken resulted in the existence of unified structure of organs of local power in Ireland. From 1329 to 1942 authorities of local bodies in cities and counties were expanded on all structures of local government, namely 5 cities and 27 counties (in one of the counties there are two county councils).^m

Counties. Boroughs (City districts, Cities)

 The main units of local government in Irish structure are 27 county Councils¹"' and 5 city Councils (they mean Cork, Dublin, Galway, Limerick and Waterford). It is the superior tier of the system of local government. The lower tier includes 83 organs of power of small towns (they do not have the status of county), 19 Councils of urban districts and 28 boards, 2(3 commissariats that exercise general control over the towns. With the exception of the last structure, all the others have the authorities to make decisions and exercise a wide range of services at the local level. ^1,7

 The first phase of the considerable reorganization of local government in Dublin and adjacent suburbs was held in 1985 and consisted of the introduction of three new constituencies instead of Dublin's county council and the city of Dun Laoghaire-Rathdown. The following stage supposed to create three new administrative and territorial units of the counties that will correspond with these constituencies and to hold the elections to county Councils, in addition, the steps of transitional period that will coordinate the actions of the existing Dublin's city council and new county Councils within the limits of Greater Dublin were out lined.

 The Irish Constitution of 1937 like the earlier Constitution of 1922 did not contain provisions which provide for the activity of local authorities."^H In the communities also the functions of local authorities were determined. Thus, local authorities carry out their activities and determine their rights, tasks and duties on the basis of parliamentary acts regulations issued according to the authorities of the parliament and by-laws developed by the local organs of power themselves and that du not always require the approval of central authorities. The structure, activity organization and authorities of ruling local organs of power of five cities and larger cities that do not have the status of counties, - municipal corporations - is based on the laws of local importance. In other regions the legal basis for the local authorities' activity is a number of laws of general content that influence all the levels of local power.

 Local authorities' powers, vested in accordance with the law, are various and broad. Among the most important determining the powers of counties and boroughs there are such powers as provision of the right and planned development of subordinated territories; maintenance of cultural monuments (within the frames of urban planning): environment protection: provision of water supply, sewage purification Facilities, lighting of places of public use, waste disposal; construction of roads, housing, creation of public libraries, maintenance of firefighting service, provision of measures of civil defense.

 Local organs of power are vested with some duties 011 development of the system of school education and tourism. By issuing restrictive regulations and the system of licensing local authorities regulate different activities in their county. In some rare cases they act as representatives of central government: in the first instance this relates to transport tax collection.

construction projects and suspension of expenditure on such work.

 The third is general control over the activity of the manager and the functioning of the local organs of power on behalf of the Council may be expressed in suspension of the powers of the manager or. with the consent of the Ministry of environment affairs, in discharge from the post. In addition, the Council has the right to ask for additional information before allowing the manager to perform specific functions going beyond the limits of the administration of municipal employees and if necessary to exercise the guidance of the manager in realization of a concrete task.

 Executive power in the borough is concentrated in hand of the city manager, and in thecounty county manager. Among the functions of the latter there is a duty to act as a representative of executive power in each district or city that is a part of the county and has its own Council.

 The manger is a professional administrator. He is appointed by the Council on recommendation of Central commission on the appointments of local administration that recruit and prepare candidates for this post. Usually managers hold their post for life until they retire at the age of 6F> if only he is not removed from hi post with the consent of the Minister environmental affairs.¹³³

 The task of the manager is to provide the Council advisory and other services in its work and to provide everyday administration of the local affairs. The manager may also carry out the duties of any position in the organs of local power if it is not reserved by the members of the Council, in addition, he undertakes obligations to follow the guidelines of the Council. On all principle matters the manger issues acts. All acts are registered in a certain way and should be available to the members of the Council. Any of the functions the manager may devolve on the official of the local body of authority confirmed by an appropriate minister of central gov-

12H eminent. Being solely an official of the local organ of authority, the manager in Ireland does not perform the functions of the representative of the central organs of power.

 Irish local authorities have broad powers in the questions of collection of additional (besides local taxes) allocations for the provision of different services the rate of which is established on the annual general value of immovable property. This value is determined by the representatives of the central evaluation department. Annually local authorities pass a resolution that establish general rate of payment from every pound of assessed value liable to taxation. Some certain types of property is exempt from tax either fully or partially though the responsibility for this undertakes the government. Such types of ownership are land and buildings that are occupied by the state establishments, agricultural lands and since 1978 the sources of water supply, secondary schools, farming buildings and halls that are in possessions of community.¹ ""Since 1945 city commissioners do not have the right to levy local taxes, funds allocated by the county Council are resources of finance for the limited functions.¹²¹ The towns that do not have the status of county, town districts that together with the county bear expenses providing different kinds of services, annually establish rent for the owners (those who use the property at this concrete moment). As for counties, they reimburse their part of expenditure (in service provision) from the local income fund, that consists of assessed value of property in the corresponding area.^13.

construction projects and suspension of expenditure on audi work.

 The third is general control over the activity of the manager and the functioning of the local organs of power on behalf of the Council may be expressed in suspension of the powers of the manager or. with the consent, of the Ministry of environment affairs, in discharge from the post. In addition, the Council has the right to ask for additional information before allowing the manager to perform specific functions going beyond the limits of the administration of municipal employees and if necessary to exercise the guidance of the manager in realization of a concrete task.

 Executive power in the borough is concentrated in hand of the city manager, and in thecounty county manager. Among the functions of the latter there is a duty to act as a representative of executive power in each district or city that is a part of the county and has its own Council.

 The manger is a professional administrator. He is appointed by the Council on recommendation of Central commission on the appointments of local administration that recruit and prepare candidates for this post. "Usually managers hold their post for life until they retire at the age of 6F> if only he is not removed from hi post with the consent of the Minister environmental affairs.¹³³

 The task of the manager is to provide the Council advisory and other services in its work and to provide everyday administration of the local affairs. The manager may also carry out the duties of any position in the organs of local power if it is not reserved by the members of the Council, in addition, he undertakes obligations to follow the guidelines of the Council. On all principle matters the manger issues acts. All acts are registered in a certain way and should be available to the members of the Council. Any of the functions the manager may devolve on the official of the local body of authority confirmed by an appropriate minister of central gov-

12H eminent. Being solely an official of the local organ of authority, the manager in Ireland does not perform the functions of the representative of the central organs of power.

 Irish local authorities have broad powers in the questions of collection of additional (besides local taxes) allocations for the provision of different services the rate of which is established on the annual general value of immovable property. This value is determined by the representatives of the central evaluation department. Annually local authorities pass a resolution that establish general rate of payment from every pound of assessed value liable to taxation. Some certain types of property is exempt from tax either fully or partially though the responsibility for this undertakes the government. Such types of ownership are land and buildings that are occupied by the state establishments, agricultural lands and since 1978 the sources of water supply, secondary schools, farming buildings and halls that are in possessions of community.¹ ""Since 1945 city commissioners do not have the right to levy local taxes, funds allocated by the county Council are resources of finance for the limited functions.¹²¹ The towns that dn not have the status of county, town districts that together with the county bear expenses providing different kinds of services, annually establish rent for the owners (those who use the property at this concrete moment). As for counties, they reimburse their part of expenditure (in service provision) from the local income fund, that consists of assessed value of property in the corresponding area.^13.

 The Local Government Law of 1978 (finance stipulations) determines the whole list of exceptions from taxation for all categories of tax-payers, and also the order of compensations to local authorities for these exceptions at the expense of categorical subsidies. Thus, the government is the main tax-payer providing up to 60% of funds into local budget. According to the law the minister of environmental affairs has the right to levy the upper tax limit; recently, however, 
 
 
 

 The Local Government Law of 1978 (finance stipulations) determines the whole list of exceptions from taxation for all categories of tax-payers, and also the order of compensations to local authorities for these exceptions at the expense of categorical subsidies. Thus, the government is the main tax-payer providing up to 60% of funds into local budget. According to the law the minister of environmental affairs has the right to levy the upper tax limit; recently, however,

he has not even once exercised his right.¹*'

 In addition to the taxes and categorical subsidies connected with them, which makes up to 36% of income entering local budget, redemption of loans and dues for the services provided (rent on the building where the councils are located, payments for water and market fees) are finance sources; they comprise about 24% of receipts. Moreover, the government allocates so-called special grants to local organs of authority (40% of proceeds) to implement categorical projects, such as construction of houses, roads, water supply, purification facilities.¹"⁷

 In certain spheres of their competence the activity of Irish local authorities are controlled by the central government. Controlling and advisory functions are vested to Ministry for Lhe Environment. Heritage and Local Government (it us wed to be Local Government Department). It also provides technical aid and assistance in development of policy governing of correspondent territories. The same agency determines the forms of state financing of local organs of power; as it was mentioned earlier it may be subsidies and categorical grants.

 In all questions connected with financing it is necessary to have a preliminary consent of a ministry that is responsible for development and realization of a project which will partially be financed by the state. In addition, in this case the accounts of local authorities is checked by a special inspector appointed by the minister for the Environment, Heritage and Local Government who may fine officials if inconsistent with law or unsubstantiated expenses are found. Local authorities may make an appeal to the minister on such a decision of the matter. When realizing joint projects the minister for the Environment, Heritage and Local Government has the right to dismiss the member of Council from performing his duties and appoint his own representative to take over a project.

 Administrative control and also, determined by law, the principals of realization of policy by local authorities are carried out by recommendations and circular letters. Some decisions of local organs of power especially the ones in which the authorities depart from the developed rules of procedure and the ones that concern the questions of particular importance should receive an appropriate approval of ministers of the government. Besides, the decision may be cancelled if there is a party against it.

 As far as the legal control of the activity of local authorities is concerned, their actions should follow the set laws though modern legislature has more legal opportunities than it was earlier. If in their intention to fulfill their duties local organs of power go beyond their commission, the Supreme Court has the right to impose restrictions on their actions. If the local authorities break the norms established by law the case may be taken to court. These measures allow to call local authorities to bear their responsibilities to other parties for breaking and neglecting their duties.

 Special legislative stipulations presuppose the possibility of contesting the decisions of local authorities by the party not agreeing with it. In some cases an appeal is taken to court, in the others to an appropriate minister or a special organ of appeals. Local Government Law of 1.97G (stipulations on planning and development) supposes the creation of Council on Planning under the guidance of the judge of the Supreme Court; the duties of this Council are to consider all the appeals on decisions of local authorities concerning planning. The Supreme Court has the right to reconsider even the decisions of the minister if the last went beyond his powers, i.e. acted without having legal basis for it,^K>K Usually local authorities cannot contest the decisions of the superior bodies. However, as any citizen they may act as legal entity and appeal to Supreme Court to pass a decision on the question in which superior institutions went beyond their authorities.