中央政府와 地方政府와의 勸力構造에 關한 比較硏究 : 프랑스와 西獨行政의 경우 = The Comparative Study on Structures and Powers of Local Authorities and Central Government Control in France and West Germany
저자
金永聲 (忠南大學校 法科大學 行政學科)
발행기관
학술지명
권호사항
발행연도
1980
작성언어
Korean
KDC
360.000
자료형태
학술저널
수록면
157-206(50쪽)
중단사유
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소장기관
[Ⅰ]
When we compare structures of governments with one another, or individual administrative systems with one another. We need to compare the similarities and differences in size structural pattern and characteristics. We also need to compare in order to understand and to synthesize our own systems of government accurately and objectively. Comparison as a method deals with the interrelations among these structures of government, capcities, functions with a fixed standards.
This is one reason why, in contrast many other countries, the French and German govern ment must be traced deep into the longitudinal analysis. This comparative approach has implications. It means comparison certain features the countries have in common. It also means treating these common features as an issue of a course of passing through similar phases, and culminating in similar problem for development of our government structures.
It became necessary to make a narrow choice of two countries in Europe, in which we were guided by tow principles. The one is the realization that the leading forms of government in Europe, the other is the belief that French and German States selected represent different types of outstanding interest in terms of European experience and reality.
The ministerial department structure of central government had a variety of consequences accordance with the time of transformations. But there were no basic institution a1 changes.
The effective arrangement of the French executive are more hierarchical like in the system of the bureaucracy.
A number of broad characteristics of the structure of the French central government administration go deeper and combine to create a spirit which is peculiar to the French bureaucracy.
Many felt that the administrative machinary of the State lead to the complete dominance by the technocracy in the policy decision making process. The bureaucrats hold a prominent position in govermment power structure which designates "the government by technocrats".
The most important thing is the centralization of the French state which includes as its corollary spreading of the public services of the state over the whole nation. Therefore it own be said that external services play the role of the missionary of the central government to the display in the whole localities.
The missionary and centralizing role of the central government imposes a large deployment of the French bureaucarcy in the provinces. This did indeed contribute markedly to increasing the attractiveness of the civil service to large numbers of Frenchman aspiring to move up the social ladder.
Structure of the ministries tends to reflect markedly old existence of the corps. Each department should probably viewed more as a federation than as a single hierarchy. Ministries were created after the corps. The Corps of Roads and Bridges, for instance, existed almost a century before the Ministry of Industry was created.
French local government has always been one of the casualties of the centralization of the administrative system. The structures of the local government which consit of the political framework are Communal Government, Department, Central government, "three-tier system" There are too many Departments and Communes.
The department did acquire a life of its own. Many aspects of the life of Frenchmen are centered aroud activities taking place at the capital city of the department. New departments were created bringing to niety-five (originally ninety) the numbers of these units in the 1970s.
Above the commune, the canton and the arrondissement slowly to lose any powers which they might have had and are now merely electoral districts within the highest unit, the department. Regionalism is perhaps the liveliest issue in French political and administrative life.
French local government is characterized by a combination of relatively large and almost ill-defined power and of very tight central government control. In order to analize the central control over local administration, we should bserve the functions of the. ministry of Interior.
According to the law the councils and the executives of the commune and department are in charge of the affairs of these local authorities. They can theoretically intervene in any area of local concern. Indeed the mayors are entrusted with powers which they exercise in the name of the central government.
They are responsible for police powers, financial, and personnel powers. Central government control follows logically from the very existence of this wide and ill-defined array of powers. Indeed, given that the typical commune is a tiny unit, guidance and even active central government intervention appear almost natural.
[Ⅱ]
The Bonn Constitution facilitates the emergence of strong executive. But in contrast to Weimar Republic, it is no longer the presidency from which executive controls are likely to drive. The federal president of the Federal Republic of Germany unlike the Weimar president, is elected not by the Federal assembly, consisting of the members of the Bundestag an equal number of members elected by the Land diets, in accordance with the proportional strength of their parties. While he has the customary representative functions of a head of the State, he has little influence over actual government power structure. He can not dismiss cabinet or chancellor, and he has no emergency powers of his own.
The Federal Government (Bundesregierung) consists of the Federal Chanceller and the Federal Ministers. The Federal Ministers are appointed and dismissed by the Federal President upon the proposal of the Federal Chancellor. The Federal Chancellor detremines, and assumes responsibility for, general policy.
Article 67 of the Basic Law provides that the Federal Chancellor (Bundeskanzler) who is to be elected by a majority of the members of the Bundestag, can not be forced out of office simply because a majority of the deputies vote against him on a question of confidence. On the contrary, the Bundestag may express its lack of confidence in the Federal Chancellor, only by execting, by the majority of its members, a successor. and by submitting a request to the Federal President for the dismissial of the Federal Chancellor. The Federal President must comply with the request and appoint the person elected.
Federal ministere are usually joined by the chief civil servant (Beamte), the so-called Ministerburokratie. These mean are even permitted to address the Bundestag and, as representatives of their Ministers, to participate in meetings of the Bundesrat and of committees of Bundestag.
Many of the ministers and vice ministers have themselves had administrative careers and the status of the Beamte. The lowest statue of the civil servants, which is broken down further into salaried and wage-erning groups : Angestellte and offentliche Arbeiter. Questions about the class basis and bias of civil servants have not played nearly so important a role in Germany as in Britain.
German local governments, like British and unlike the uniform French, is a bewildering maze. The basic local government unit is the Kreis. Larger cities are known as city counties, which means that county and municipal governments coincide. Rural and small-town are as are real counties. But the average German rural counties are smaller than the British administrative counties. The total numbers of the counties are 24,368 today.
There are nine La¨nder in the Federal Republic of Germany today. Bayern, Bremen, and Hamburg have each a historical tradition behind them. though Bayern has suffered some loses of territory and bremen and Hamburg accupy a rather special position as Hanseatic cities.
The La¨nder with historical traditions are strong champions of the federal principle and jealous defenders of their own rights. But the size and influence of a Land also help to determine its sttitude to the federal question.
The most significant German contribution to modern government is its civil service system. As a matter of fact, the German problem reflects a more general dilemma of modern government is to combine efficiency with democracy.
The special position of lawyers in public administration sometimes designated as the "monopoly of lawyers" or as the "privilege of lawyers" is characterized by the fact that lawyers enjoy better chances of promotion and receive higher salaries than non-lawyers because they occupy a high percentage of top management position in goverment administration in West Germany.
Local civil servants resemble other public officials. They go through the same training and preparation for a career civil service. They are divided into the same categories of higher, upper middle, middle, and lower. They enjoy the same privileges and acquired rights, and are paic on comparable salary scales. They share with state officials status as a group apart from the general public, but slightly freer atmosphere of local government makes them somewhat less authoritarian and exclusive.
In conclusion, France has been called "a republic at the top but an empire at the base". Germany, one might say, has been an empire a t the top. With some democracy at the base.
German Gemeinde has the authority and power to plan for the grass roots democracy in the process of decision making. It is called as the "Planungshoheit".
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