On 30 March 1929, the Alexander Svolos delivered his inaugural speech as Professor of Constitutional Law at the University of Athens, on the subject of «Problems of Parliamentary Democracy».
The object of his scientific research was «rather those organizational problems of the parliamentary constitution of universal suffrage, which are related to the need for a balance of the wills and interests in the type of the State».» (*).
The fruit of his wide-ranging high scientific level of oversight, the emergence of the phenomenon of autocracy also in conditions of parliamentary democracy, the justification of the necessity of dealing with such autocracy and the identification of means - of relative value - to achieve this end.
In his more detailed references to the counterflows, to the barriers, to the legal means of resistance to the limitation of autocracy in conditions of parliamentary democracy, a special place was given in his opening speech as Professor of Constitutional Law by Alexandros Svolos in Local Self-Government.(**), even devoting a special chapter to it.
It would be useful for those concerned with Local Government and those interested in it to study carefully the ’Problems of Parliamentary Democracy« by Alexandros Svolos (see. Problems of the Nation and Democracy, Stochastis Publications, Athens 1972, Volume two, Pell. 75-138), and separately the special chapter dedicated to Local Government, which I record here in the Bulletin of the Documentation and Study Unit for Local Government Issues of Panteloglou Publications - and this because it can help in the formation of conviction and its manifestation through actions, to prevent the transformation of Local Authorities into pillars of autocracy in conditions of parliamentary democracy in Greece, a development which, if it were to take place, would be recorded as extremely negative even in times of a more difficult course for the Greeks, since it is now taking place in the difficult landscape of European unification and global governance.(***).
And now the chapter on Local Self-Government of Alexandros Svolos« »Problems of Parliamentary Democracy’ - the footnotes noted by numbers are by Alexandros Svolos; they were set at the time of the publication of his inaugural speech in a separate volume in 1931, and are naturally included in the above-mentioned edition of the «Stochastis», here they are listed with some abbreviations. The footnotes marked with asterisks have been added by me:
«The broadness of the jurisdiction of local government is a sincere and serious counterweight against the centralized power of the party majorities.(****).
The example of the Prefectural Councils in France, and more generally of the elected bodies of the great regions of Local Government, proves that the forces of the parliamentary parties may also clash within the bosom of Local Government, but it does not, however, negate the fundamental good of the system, namely, that by creating multiple sources of power.(*****) the power of the State Authority is in some respects limited, and therefore, where in particular the local proportions of the party forces differ from the parliamentary ones, the minorities may also exercise power. And this, given that some politics is also exercised through local government ..., is of great material and moral importance.(******).
For this reason it is characteristic that in most of the Constitutions of the post-war period there were particularly extensive provisions on Local Self-Government.(1). The theory may discuss the legal value of these(2). But where the Constitution has set up a law limiting the legislator in regulating the functioning of the Local Government as in my country (Article 107), its violation is particularly undemocratic and dangerous, because it reduces the importance of an even strong resistance of the citizens against parliamentary omnipotence in a democracy. But even if it is not a question of constitutional rules of the law of self-government, but of a mere ’guideline’, still the opposition to it in legislation is condemned as harmful to the democratic interests of the people.(*******).
(1) Provisions on Local Government are to be found, for example, in the Constitution of the German State (art. 127), ... of Belgium (art. 108 as revised on 24 August 1921), of Austria (art. 115 and 120), Estonia (Articles 75-77), Poland (Article 67), Yugoslavia (Article 96 et seq.), Finland (Article 51), Lithuania (Articles 6, 71-73), Romania (Article 108), etc. - Also in our new Constitution [of 1927] (art. 107).
(2) The provisions on local government in the post-war Constitutions can be divided into two categories: (a) provisions which explicitly proclaim the principle and indicate to the legislator certain guidelines for its application, and (b) provisions which lay down certain or the main legal bases for the realization or security of the principle, giving the legislator freedom in all other matters or in certain matters.
A typical example of the first category is the provision of Article 127 of the German Constitution («Communities and Associations of Communities have the right of self-government within the limits of the law»). ...
Most of the interpreters of the German Constitution ... accept that the above provision «has a purely formal meaning ... And since this provision ... leaves complete freedom to the legislator, both as regards the definition of the object of self-government and as regards the formulation of the state supervision limiting such self-government, it follows that in substance nothing is secured in favour of the Communities etc.’ ...
Against this doctrine there is an opposing, more recent trend, accepting that from the doctrine in the chapter on «fundamental rights, etc.» of the German constitution in the chapter on «fundamental rights» of the German constitution. 127 establishes undoubtedly the right to self-government as a constitutionally recognised fundamental right - «Grundrecht» - and that this provision must logically be understood as meaning that the »limits of the law« cannot be so narrow that the exercise of the right to self-government is in practice impaired, and in this respect Article 127 contains a substantial guarantee». ... The question of concern, above all to the jurists of this newer doctrine, is whether the legislature may abolish a community or a self-governing body without its consent. This right of the legislature is denied by Stier Somlo (see also his last article, "Reichsstaatsgerichtshof und das Grundrecht der Selbstverwaltung" in Archiv. d. oeff. R., 1930 vol. 19/58, p. 256 ff.) on the occasion of the Prussian law of 29 July 1929 by which certain communities were dissolved. ...
Rather, therefore, we shall consider the content of the Constitutions of the second category (... Austrian, Estonian, Polish..., the dissolved Yugoslavian, etc.) as a system of rules of law, precisely so that no legislation can alter them.
The same must be said with regard to the meaning of article 107 of the present Constitution [of 1927], which contains suggestions to the legislator, but primarily lays down rules of Local Government Law with the aim of binding legislation. ... These rules of law are undoubtedly the provisions of Article 107 of the Constitution, which establishes the Community as the first level of self-governing organisation, so as to prohibit the dissolution of the Community and the merger within the municipality. Also the provision that ’the right to decide on matters of local government necessarily belongs to elected bodies’, ... from which it follows that not only the Administration but also the law cannot be subordinated to the will of the elected bodies on the above matters. Also the provision on universal suffrage, which, moreover, is a repetition of an existing constitutional rule of law (Article 105 of the Constitution 1864/1911). And finally, the provision whereby the regulation of the supervision of the State over the Local Government must be such as not to hinder its initiative and free action. And therefore if the legislation in the further application of the principle of self-government - which, already known from the Constitution of 1864, in which it was deliberately introduced as a democratic element and from the legislation, is repeated by Article 107(1) - violates either directly the above restrictions, or indirectly, it is for the courts to judge whether the content of such a law is contrary to the Constitution...’
(*) In the present footnote I think it useful to quote a few words from Alexandros Svolos’ opening speech on the balance of wills and interests in parliamentary democracy - and this because I consider them to be explanatory of the concept, justifying its origin and its identification from ancient times as an ideal but also as a problem, as well as sufficiently enlightening as regards the necessity of shaping the conditions of its existence in daily practice, especially since its existence does not impede socio-economic, cultural and political progress, far from it!
«... the ‘doctrine of majority’, so necessary in democracy, can hardly be reconciled with the feeling of freedom. And this opposition is so natural that it can be imagined to exist even when the social basis of the constitution is radically changed by the abolition of class distinctions ...
Aristotle, who had grasped the most basic elements of laocracy, considered that the combination of these is both an ideal and a problem. For ‘the hypothesis of the democratic state is freedom ... this is why all republicanism is being stochazesthai. And of liberty, on the one hand, that which is in part to be grasped and grasped ... but of this, being the law, the multitude is necessary, and whatever is given to the multitude, that is also the right ... And this is the sign of liberty ... But the desire as the will of the servant ... as the desire of the servant is not as the will ... In the end, the not to be taken, even if by nothing, or not, in part ...’ (Politics bib. F’ ch. a’ 6-7).
But as far as the present of parliamentary democracy is concerned, in the light of the above combination, it is noteworthy that its Law, while tending to strengthen the legal position of the executive power, also tries to ensure, through various combinations, a certain balance of political wills, especially to protect freedom and to verify the ’partial suffrage’ of citizens. ...
The characteristic of the parliamentary democratic constitution is ... that this Law, in principle, favours the fermentation of political wills and the transformation of the agents of political power. And this purpose of law shall be realized the more fully as far as social reality assists it. ...
... as a type through which a combination of freedom and equality was sought within the modern organization of society, parliamentary democracy proved, in comparison with other states, a great success. For through it it has been possible for the conquest of political power by ever wider masses to bear great fruit and for the level of individual and collective freedom to be more and more elevated in practice as a consequence of the control of the acts of the executive. In abstract terms, it can also be said that through this form of constitution further reforms of vital importance in social life can be pursued - including even those political changes for which the maturity of social conditions is a prerequisite.’
In addition to what Alexandros Svolos argued at the end of the quoted excerpt of his opening speech, I note here that the sane politician Yannis Pasalides «considered that civil liberties do not stand in the way of social progress - quite the opposite.» [see. and Kostas P. Panteloglou, Yannis Pasalidis a note on the occasion of the anniversary of his death (14 March 1968), Panteloglou Publications Centre for Sociopolitical Studies & Research (KPMG), First Publication - Athens 2002].
For some of the earlier works of serious scientists and politicians on the Nation-State, Local Government, and the course of the Greeks, in the difficult future of European unification and global governance, the reader may be informed by my work on the subject:
A bibliographical tour
on sides issues and moments
of the Greek European and global
history of economy and politics
with extensions to the philosophy of law
the physics the mathematics the cybernetics
and computers the literature
the folklore the sociology the science of the press
and great communication the history of art and
science, education, culture, culture, sport
regional and local development spatial planning
urban planning architecture architecture transport
and transport the environment local government
which was released by Panteloglou Publications in 2001 in their new series of Higher Education Aids and consists of 9 halos.
(****) The distinguished scientist and politician Professor Nikos Kitsikis has referred to Local Government as a support of national life and democracy in it, as a candidate for Mayor of Athens at the big pre-election meeting of his combination on June 30, 1964, saying the following: «Local Government, which is an institution born of the people, the oldest institution of the Nation, the expression and safeguarding of popular sovereignty, the foundation of Democracy ... will develop enormous popular forces and will prevail. ...Local government is a great national issue. It is a matter of organizing democracy. It is a national imperative. If local self-government fails, it means that our national life fails, that democracy fails» (cf. Pages of Athens and Local Government, Panteloglou Publications, Booklet 1, 20 September 1982, P. 3 and Radical Pages, Panteloglou Publications, Booklet 2, 23 October 1989, P. 4).
And the wise Yannis Pasalides, in view of the Municipal Elections of July 5, 1964, said: «The basis of Democracy is Self-Government», and continued «The Lords of the Municipality - and everyone must understand this - are the supports, the foundations of true Democracy. ... Self-government is in essence a legislative body, a Parliament of the place, and all officials must respect the members of this Parliament, the Municipal Councillors. And we must elevate Self-Government to that level. To become a Parliament, to legislate in the place’ (see. Municipal issues, Panteloglou Publications, Booklet 34, 31 May 1986, P. 7).
Allow me to add here the statement of an elected representative of the Self-Government, the Mayor of Larissa, Alexandros Chondronasios; he expressed it before the Fourth General Assembly of the Central Union of Municipalities and Communities of Greece which took place from 20 to 23 June 1965 at the City Hall of Athens. ’... The concept of self-government - Alexandros Chondronasios had said - will not acquire a substantial content as long as self-government remains a construction of spatial administration without developing the element of economic administration of local affairs, at least in those areas which have the character of common interest and common interest. By deserving, gentlemen of the assembly - as Alexandros Hondronasios had underlined - a greater power in the control and management of the economic and social life of our country, we contribute to the reconstruction of a real democracy and introduce the popular will in the management of our public life« (see more detailed information in the article »The People's Will in the Management of our Public Life"). Municipal issues, Panteloglou Publications, Booklet 20, 10 April 1981, P. 6-7).
(*****) On the question of the conquest and creation of centres of democratic power with decisive power within the existing system, with particular reference to Local Government not only as a means of countering the power of the ruling classes but also as a foreshadowing of the people's power of the future, has been mentioned by the distinguished jurist and politician Elias Ilias Iliou in his speech on «Economic and Social Infrastructure and the Determination of Political Goals» at the First Week of Contemporary Thought, which took place on May 12-20, 1965, saying, among other things, the following:
«.... through Self-Government, with the success in many large cities, in critical areas, of progressive Local Authorities, the unimpeded power of the ruling classes to make decisions is being damaged and obstructed, and this is why we see that it is becoming ... an attempt to circumvent the Self-Government and a struggle is being developed accordingly by the people, the Lords of the Self-Government, to regain and consolidate the powers and rights and autonomy of the Self-Governing Organs.
Now if this ... were to be taken up in forms of struggle like the following: in each region, either in a county or in a larger region (e.g. in Thessaly, in the Peloponnese), the mayors, the community leaders, the cooperatives, the trade unions, the organizations that have even a limited legal or real power would organize conferences that would study the issues, what rich resources exist in the region, what tradition and specialization the population has to produce, what they can profitably build, ... if it fights for this, you can see that it is possible to play a role in defining the objectives of economic development, in directing investment, in creating employment opportunities, and in distributing development evenly over more areas. If we extend this to struggles for power in local government organisations, in trade unions, in cooperatives, ... if we face the fact that the people's money flowing into the large autonomous organisations, Legal Entities of Public Law and Public Enterprises ..., which is almost half the public budget, ... and a demand is developed to impose democratic control on all of this with the participation of elected representatives of the people, if we see it at the highest level of participation, namely in the management of production in each enterprise with the struggle for the establishment of factory committees, we will have ... the raising of the struggles to an ever higher level, ... the creation of the new, the creation of people's power as an element, as a payment that will be grafted here and there and more and more densely into the old system. There has been no political change, no regime change, no social change, no change of social system in history, which was not preceded by earlier elements and units of the new which were created within the old while the old was still in force and which slowly weakened it’ (cf. First Week of Contemporary Thought 12-20 May 1965, Themelio Publications, Athens 1966, Pell. 546-547, but also Eridanos bimonthly publication of information and reflection, Heridanos Publications, Issue 2-3, Athens January-April 1973, Athens, Greece, Pell. 35-36).
In addition, I note here that Elias Iliou in the same speech had stressed that «the greatest political danger is that the social vanguard loses the initiative», and suggested that «by carefully studying the problems created by the rapid changes in infrastructure» it should put forward «relevant objectives».for example, on the uneven development of the various regions, on the issues of readjustment of workers who are being made redundant locally or by sector of production, on land management, housing, transport, urban planning, social services, technical education and job creation«. He went on: »... everything from the employment and careers of workers, from regional development and industrialization, to research, science, culture, the free development of people's creative capacities is not considered - and cannot be preserved or recovered - unless, with the development of multiple centres of democratic decision-making and democratic control, the power of decision-making begins to pass ... into the hands of the people" (see in the sources noted above Pg. 541-543 and pp. 32-33 respectively).
(******) As to the fact that local government is a power, and that certain politics is also exercised through it, let the reader consult my following publications:
α) «Some notes on matters of importance concerning the Municipal and Community Code», Municipal issues, Panteloglou Publications, Pamphlet 1, 20 June 1978, especially Pp. 2-3
b) «Some notes on the Municipal Budget issue», Municipal issues, Panteloglou Publications, Booklet 2, 20 July 1978, P. 1-8
c) «The Municipality of Athens has significant potential to exercise and assert power for the benefit of the workers’, Municipal issues, Panteloglou Publications, Pamphlet 24.25, 10 April-10 July 1982, Pell. 11-15
(*******) For Local Government in relation to the Constitution, I note here that it is necessary to study the work of Panagiotis L. Papagaryfalos under the title Local Government within the framework of the Constitution, Edition KEDKE, Athens 1995 - but also the very extensive bibliography noted there, including, among others, the works on the subject by a number of distinguished scientists who have seen the light of day since the Independence of Greece (1830) until the modern era.
Two more related works by Panagiotis L. Papagarifallou: a) «The Draft Constitution and Local Government», Athens February 1975 - submitted to the Presidium of the Hellenic Parliament and filed in its Official Minutes and b) «Local Government and the New Constitution», Athens 1976 - his Communication to the Athens Bar Association in February 1976 on behalf of the Society of Administrative Studies, first published in April 1976 in the Inspection of local government.
Of the recently published works on the subject to which I refer in this footnote I note here the following:
α) P. Papagiannis D. Katsoulis, Study-proposal for the Constitutional Consolidation of Local Government, KEDKE, November 1997, and republished in Notebooks of Local Government 1/1998, Pell. 6-102
b) George Ch. George H. Sotirelis, The reform of local government Challenges and prospects after the Constitutional Review, Proskinio Publications-Angelos Sideratos, Athens 2002
On the subject of the present footnote the following papers have also been published:
a) A comparative study of the Constitutional provisions of European countries providing principles of law relating to local self-government (the institution of self-government; its ranks; the authority of its organs; its purposes; its resources and property of local government; supervision of local government by the State) - Summary of the general theory of local government; the justification for its constitutional guarantee and protection - Appendix: Provisions of the Constitutions of the States of Europe relating to Local Self-Government - Text published by a scientific expert in the past, Panteloglou Publications, Athens 1993, 3 Dossier
b) On the indicated Constitutional and Legislative Reforms in the existing provisions on Local Government Texts of local government actors that have seen the light of day in the past, Panteloglou Publications, Athens 1993, 2 Dossier
c) For the articles of the Constitution concerning Local Government and Decentralisation Annex: Constitutional Provisions of the States of Europe on Local Self-Government Study by a committee of eminent scholars, constituted for this purpose, which has been published in the pastn, Panteloglou Publications, Athens 1997, 5 Dossier
See. See also the following:
α) «The real protection of self-government lies in the proactive participation of Local Organizations and the organizations representing their interests and the ideals of local government in the preparation and passing of social and tax laws» (the epilogue of the work of Phaidon Th. «The Constitutional Protection of Local Government», first published in 1935), Municipal issues, Panteloglou Publications, Pamphlet 35, 20 September 1988, pp. 9-10
b) «By constitutional provision it should be stipulated that no draft law concerning municipal and communal issues shall be introduced for discussion unless it is accompanied by an opinion of the Union of Municipalities and Communities of Greece» (the conclusion of the conclusion of the Report on the purposeful formulation of the constitutional provision on self-government specially established in 1935 by the Union of Municipalities and Communities of Greece Committee - N. Kolyvas Chr. Economopoulos N. Lianopoulos),
Municipal issues, Panteloglou Publications, Pamphlet 35, 20 September 1988, pp. 11-12
c) «It is advisable by Constitutional provision to determine a ratio between the regular revenues of the whole of the first-tier Local Government and the regular revenues of the State budget ... This ratio must be set at least 12% ...’ (part of the Report to the Fourth Congress of the Cities of Greece - 1951, which was prepared by Panagiotis V. Dertilis, Professor of Municipal Economics and Fiscal Law of the University of Thessaloniki), Municipal issues, Panteloglou Publications, Pamphlet 37, 20 October 1988, Pell. 7-10
d) «The so-called ‘Ioannis Kapodistrias’ programme does not recognise ‘the right of citizens to self-government’», Municipal issues, Panteloglou Publications, Booklet 45, 1 October 1997, P. 2-4
e) «The so-called ‘Ioannis Kapodistrias’ programme and the current Constitution (the common legislator cannot abolish municipalities or communities or change their areas without a relevant constitutional provision).», Municipal issues, Panteloglou Publications, Booklet 46, 8 October 1997, P. 2-7
f) «A different wording of the article of the Constitution referred to the Local Government», Municipal issues, Panteloglou Publications, Booklet 64, 11 September 2000, P. 2-4
