Nummer 6 der „Blätter für Öffentliches Recht“ zum downloaden

Protection of personal data concerns protection of privacy and it is a subject of control by the Information Administrative Law, which is regulated by international conventions, Constitutional law and other various regulations. This field has a specific meaning in public relationships, because the bodies of state government are limited by the confidentiality of personal data. About antinomian situations which arouse from regulating the matter of Croatian Information Administrative Law write Alen Rajko. His analysis goes beyond the Croatian legal framework and has a universal dimension. It can be seen in response to a question, how to deal with regulations which on the one side guarantee the right of access to information, and to the other side security and confidentiality of personal data.

Two analyses have in common the issues of local self-government: Nives Kopajtich-Škrlec approaches the comprehensive summary of decentralization in Croatia by matters of local self-government. She focuses on the legal uncertainty that pervades all segments of the Croatian model of decentralization, and indicates the logical weaknesses in the distribution of competence between state bodies and local self-government. Maida Behrem-Stojanov focuses on legislative reforms of local self-government in Bosnia and Herzegovina, and focuses on the direct election of mayor. Her attention was focused on the constellation in which the elected mayors have not secured support in the representative body of the municipality. That is showing the weaknesses in the system of decision making at the local level: mayor expects to have politically loyal personnel, who have the majority political support and thus ensure that the local competence is put under the control of one political party. The issue is analyzed with respect to individual cases that demonstrate the advantages of this system as well as with regard to possible improvements in terms of the initiative to recall mayor.

The focus of this Volume is an issue of direct forms of democratic decision making in Bosnia and Herzegovina. This issue was introduced in the political discourse by decision of the National Assembly of the Republika Srpska to hold a referendum on matters which are under state jurisdiction. This decision has proved, very soon, to be a political trick of this de facto one-party organized Entity. However, this issue requires careful analysis of the question, whether the Bosnia and Herzegovina is opening to direct democracy. Aida Hunček-Pita, Zlatan Begić, Davor Trlin and Manferd Dauster cast more light on the direct decision making in Bosnia and Herzegovina, as well as appropriate forms of direct decision making in Germany. Analyses show that there is neither unified nor dogmatic clearly based attitude on the status of direct democracy in the Constitution of Bosnia and Herzegovina. There where it is attempted to postulate a direct democracy as a constitutional principle, it is visible somewhat strained argumentation which, without a clear legal basis, is placing direct democracy within the framework of the constitutional rights of Bosnia and Herzegovina.

Issue from the previous Volume, about one Supreme Court of Bosnia and Herzegovina, we conclude with the opinion of Meddžžida Kreso, which unambiguously confirms the establishing of the state Supreme Court, and this Volume for public law we conclude with analysis of Dušanka Marinković-Drača about the criteria of the most economically favourable offer in Croatian law on public procurement. This issue is analyzed with respect to the new Law on Public Procurement (effective from 1st January 2012).

Also, with this Volume we close Year 2011. Therefore, Volumes for the public law are entering 2012 with an analysis covering the most important areas of public law in the region. Also, in our balance are entering the authors of younger and middle generations, and politically neutral and dogmatically based analysis and above all, regional frankness. We will follow this trend in the next year.

Edin Šarčević

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