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From post-communist democratic laissez-faire to prevention of territorial fragmentation: tightening the rules of municipal splits in Central and Eastern Europe after 1990

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Miscellanea Geographica
Thematic Issue: Re-inventing territorial organization of the local tier: municipal splits in Central and Eastern Europe. Guest Editors: Pawel Swianiewicz, Katarzyna Szmigiel-Rawska

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Figure 1

Typology of municipal secesions 1995–1999Note: in this and the next figure we use following abbreviations for the countries: CZ- Czech Republic, SK- Slovakia, HU – Hungary, BG – Bulgaria, SLO – Slovenia, PL – Poland, HR – Croatia, LT- Lithuania, MNG – Montenegro, RO – Romania.Source: own elaboration
Typology of municipal secesions 1995–1999Note: in this and the next figure we use following abbreviations for the countries: CZ- Czech Republic, SK- Slovakia, HU – Hungary, BG – Bulgaria, SLO – Slovenia, PL – Poland, HR – Croatia, LT- Lithuania, MNG – Montenegro, RO – Romania.Source: own elaboration

Figure 2

Typology of municipal secessions since 2000Source: own elaborationSource: own elaboration
Typology of municipal secessions since 2000Source: own elaborationSource: own elaboration

Figure 3

Factors influencing the emergence and implementation of municipal secession initiatives.Source: own elaboration
Factors influencing the emergence and implementation of municipal secession initiatives.Source: own elaboration

Formal regulations concerning municipal split initiatives in the countries of Central and Eastern Europe

Country Conditions (thresholds) to be met by new municipality Process of decision making on secession Direction of changes of regulations after 1995
Bulgaria Minimum population size 6,000Distance to the town hall must not exceed 40 kmFinancial viability of the new municipality Petition by 25% of population of the part to secedeLegal check by regional governorLocal referendumFinal decision of Central Government approved by the President Increased population threshold from 4 to6,000 (1998)Increased acceptable distance to town hall from 20 to 40 km (1998)
Croatia No clear conditions or criteria Initiative of the municipal council or at least 33% of residents of the part which wants to secedeThe secession has to be approved by the Parliament Compulsory consultations with residentsin the case of a split initiated by the localcouncil (1997) and in all cases of split initiatives (2006)Compulsory opinion of local council and county assembly (1997)Compulsory approval of the Ministry of Finance (1997), of the whole cabinet (2006)
Czech Rep. Minimum population size 1,000 Local referendum with threshold consent of 50% of registered voters Formal approval of regional government Increasing threshold from 300 to 1,000 population (2000)
Hungary Positive demographic trendInfrastructure developed above national averageOperating costs below national average Referendum in the whole municipality (not only part to secede) with turn-out threshold of 50%Minister can reject the proposal, and local government may appeal to the court Much lighter rules before 2013.Minimum population size 300 until 2011Until 2013 the referendum was organized only in the part which wanted to secedeConditions concerning costs and infrastructure introduced in 2013
Lithuania Minimum population size 15,000 with central settlement unit of minimum 3,000Sufficient administrative capacity and financial resources Central government initiative with local consultation processFormally the initiative may be undertaken by local governments, and the final approval requires decision of the Parliament
Poland The new local government must not be smaller than the smallest currently existing (ca. 1,300 population) and not poorer than the current lowest per capita local tax base.Required opinion of the Ministry of Finance. Neither the initiatives of local government nor the results of consultations (which may take the form of a local referendum, but this is not obligatory) are binding for the final decision of the Central Government
Romania Minimum population size 1,500Sufficient financial resourcesTransport network from the proposed municipal centre to other villagesSufficient social infrastructure facilities (school, health care centre etc.)At least 25% population not in the agriculture sectorMore than 45% of houses built after 1960 Application checked formally at county levelLocal referendum with turnout thresholdApproval by Parliament requires 2/3rds majority In 2001–2003 Central Government sent proposals to the Parliament not on an individual basis, but as one list of all applications, which made the process much smoother. This was part of the 2001 government strategy for public administration reform which set the objective of “giving commune status to 1000 villages which meet the legal criteria, so as to make local administration closer to the citizens”.The current, stricter rules were imposed in 2007
Slovakia Minimum population size 3,000New municipality must not have infrastructure which serves the whole territory of the old, pre-split municipality Splits formally possible in election years only.Required referendum with 50% turn-out threshold.Agreement to secession is the discretionary decision of Central Government. Central Government stopped issuing permits for splits after 2002Since 2002, splits are formally possible in election years only. A population size limit was also introduced in 2002
Slovenia Minimum population size 5,000Capacity to “satisfy needs of citizens” Required referendumFormal approval by the Parliament Before 2010 exceptions to the rule of “minimum 5,000” were allowed in case of justified “geographical, historical or economic reasons” and the list of actors who could initiate the split process was longer (e.g. 2010 amendment eliminatedsub-municipal units from that list)

Number of municipal splits in Central and Eastern Europe

Number of municipalities in 1990 Number of newly-established municipalities in(*):
1990–1994(**) 1995–2000 2001–2009 2010–2018
Bosnia and Herzegovina 109 0 33 (30.3%) 0 0
Bulgaria 274 0 6 (2.2%) 2 (0.6%) 1 (0.3%)
Croatia 116 372 (321%) 69 (59.5%) 10 (8.6%) 0
Czech Republic 4100 2130 (52%) 25 (0.6%) 11 (0.3%) 4 (0.1%)
Hungary 1586 1563 (98.5%) 9 (0.6%) 18 (1.1%) 3 (0.2%)
Lithuania 58 0 2 (3.4%) 0 0
Macedonia 34 0 89 (262%) 0 0
Moldova# 959 0 0 249 (26.0%) 0
Montenegro 21 0 0 0 2 (9.5%)
Poland 2383 96 (4.0%) 21 (0.9%) 0 1 (0/1%)
Romania 2948 2 (0.1%) 5 (0.2%) 229 (7.8%) 1 (0.1%)
Slovakia 2669 196 (7.3% 44 (1.6%) 8 (0.2%) 0
Slovenia 62 85 (137%) 45 (72.6%) 18 (29.0%) 2 (3.2%)
Total 15319 4444 348 545 14

The Average number of splits per annum before and after changes to relevant formal requirements

Country Year of change in legislation Average number of splits per annum
Before the change After the change
Bulgaria 1998 1 0.1
Croatia 1997, 2006 15.8 1.9 after 1997, 0 after 2006
Czech Republic 2000, 2003 3.8 2.7 after 2000 and 0.5 after 2008
Hungary 2013 1.5 0.2
Romania 2001–2003(*), 2007 47.3 2.3 and 0.5 after further tightening of the procedure in 2007
Slovakia 2002 4 0
Slovenia 2010 2.8 0.25

Municipal splits and size of local governments

Number of splits since 1995 Mean population size Median population size % of “pre-split” municipalities which were smaller than: % of new “post-split” municipalities which are smaller than:
mean median mean median
Bulgaria 9 32105 15087 29 0 100 100
Croatia 79 8127 3335 69 18 97 91
Czech Rep. 40 1787 416 23 3 95 28
Hungary 30 3217 888 13 0 90 57
Lithuania 5 47465 28342 0 0 100 80
Montenegro 2 29581 19451 50 50 100 100
Poland 22 16201 7515 68 21 89 84
Romania 235 7032 3604 78 14 100 97
Slovakia 52 1868 638 19 3 100 55
Slovenia 65 10367 5106 35 15 100 91
eISSN:
2084-6118
Język:
Angielski
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4 razy w roku
Dziedziny czasopisma:
Geosciences, Geography, other