O presente trabalho visa à realização de um estudo sobre a possibilidade de os Municípios editarem leis aumentando a proteção ambiental em seu território, assim como os eventuais limites de referida atuação. Este estudo inicia-se com a análise da repartição de competências, notadamente sobre os poderes atribuídos aos Municípios pela Constituição Federal de 1988. O ente municipal recebeu deveres e competências mais abrangentes e, por estar mais próximo dos interesses dos cidadãos, precisa utilizar-se dessas competências para cumprir os deveres que lhe são impostos, especialmente no artigo 225 da Carta Magna. A edição de leis ambientalmente mais protetivas pelos Municípios acabou por ser questionada no Poder Judiciário, em razão da alegada falta de competência deste ente para a edição das referidas leis. Assim, multiplicaram-se nos últimos anos as Ações Diretas de Inconstitucionalidade contra a edição das leis municipais que buscavam proteger o meio ambiente local. Neste trabalho serão analisados alguns casos que afetam mais diretamente a população e que têm gerado debates mais profundos na doutrina e jurisprudência, especialmente no Tribunal de Justiça de São Paulo e no Supremo Tribunal Federal. Ao final, a partir da análise de cada caso concreto tratado, em diálogo com o refencial teórico, poder-se-á verificar as possibilidades da atuação do Município na edição de referidas leis ambientais, assim como os limites desta atuação frente à existência da legislação estadual e nacional. / This paper is intended to conduct a study on the possibility of local government authorities to edit laws aiming to increase environmental protection within their relevant territories, as well as to rule any limits to such extent. The present study begins with the analysis of the allocation of competent jurisdiction, notably with respect to the powers granted to Municipalities pursuant to the Brazilian Federal Constitution of 1988. The local government authority was bestowed more comprehensive duties and jurisdiction and, precisely for the fact that it is closer to citizens interest, it must avail itself from such jurisdiction so as to fulfill the duties imposed upon it, particularly those under Section 225 of the Brazilian Federal Constitution. The enactment of more protective environmental laws by Municipalities was challenged in courts on the grounds of alleged lack of jurisdiction on the part of Municipalities for purposes of the enactment of such laws. Hence, for the past years several suits challenging the enactment of municipal laws on local environment protection were filed. This paper addresses some of the cases that most directly affect population and which have given rise to heated debate on legal books of authority and case law, particularly in the Court of Appeals of the State of São Paulo and the Federal Supreme Court. As a final point, from the analysis of each case addressed herein, one shall be able to infer to which extent a certain Municipality is entitled to interfere in the enactment of these environmental laws, as well as the limits of the interference thereon vis-à-vis Brazilian state and federal legislation.

O presente trabalho visa à realização de um estudo sobre a possibilidade de os Municípios editarem leis aumentando a proteção ambiental em seu território, assim como os eventuais limites de referida atuação. Este estudo inicia-se com a análise da repartição de competências, notadamente sobre os poderes atribuídos aos Municípios pela Constituição Federal de 1988. O ente municipal recebeu deveres e competências mais abrangentes e, por estar mais próximo dos interesses dos cidadãos, precisa utilizar-se dessas competências para cumprir os deveres que lhe são impostos, especialmente no artigo 225 da Carta Magna. A edição de leis ambientalmente mais protetivas pelos Municípios acabou por ser questionada no Poder Judiciário, em razão da alegada falta de competência deste ente para a edição das referidas leis. Assim, multiplicaram-se nos últimos anos as Ações Diretas de Inconstitucionalidade contra a edição das leis municipais que buscavam proteger o meio ambiente local. Neste trabalho serão analisados alguns casos que afetam mais diretamente a população e que têm gerado debates mais profundos na doutrina e jurisprudência, especialmente no Tribunal de Justiça de São Paulo e no Supremo Tribunal Federal. Ao final, a partir da análise de cada caso concreto tratado, em diálogo com o refencial teórico, poder-se-á verificar as possibilidades da atuação do Município na edição de referidas leis ambientais, assim como os limites desta atuação frente à existência da legislação estadual e nacional. / This paper is intended to conduct a study on the possibility of local government authorities to edit laws aiming to increase environmental protection within their relevant territories, as well as to rule any limits to such extent. The present study begins with the analysis of the allocation of competent jurisdiction, notably with respect to the powers granted to Municipalities pursuant to the Brazilian Federal Constitution of 1988. The local government authority was bestowed more comprehensive duties and jurisdiction and, precisely for the fact that it is closer to citizens interest, it must avail itself from such jurisdiction so as to fulfill the duties imposed upon it, particularly those under Section 225 of the Brazilian Federal Constitution. The enactment of more protective environmental laws by Municipalities was challenged in courts on the grounds of alleged lack of jurisdiction on the part of Municipalities for purposes of the enactment of such laws. Hence, for the past years several suits challenging the enactment of municipal laws on local environment protection were filed. This paper addresses some of the cases that most directly affect population and which have given rise to heated debate on legal books of authority and case law, particularly in the Court of Appeals of the State of São Paulo and the Federal Supreme Court. As a final point, from the analysis of each case addressed herein, one shall be able to infer to which extent a certain Municipality is entitled to interfere in the enactment of these environmental laws, as well as the limits of the interference thereon vis-à-vis Brazilian state and federal legislation.

<p>Municipal councils are vested with the legal authority to promote financial accountability in their respective municipalities. To accomplish this responsibility, municipal council establishes committees to enable a structured and coordinated mechanism through which it can promote financial accountability effectively. However and despite the available legal and institutional mechanisms established to enable council committees to promote financial accountability, the lack of effective financial accountability in municipalities has persisted. This study focused on the role of council committees in ensuring financial accountability. It was guided by the following research questions: What are the major factors that contribute to financial accountability at local level, what is the role of council committees in promoting financial accountability and how can council committees be strengthened to play an effective role in Stellenbosch municipality&rsquo / s municipal financial accountability. Stellenbosch Local Municipality was used as a case study for this research. The data was collected from primary and secondary sources. Primary data was sourced from members of relevant council committees through structured and unstructured interviews. Secondary data was obtained from relevant municipal reports, internet sources, government department publications, journals and Auditor - General&rsquo / s reports which contributed to the reliability, validity and objectivity of the findings. The findings showed that political instability, a lack of a culture of accountability, lack of clearly defined authority for accountability, lack of relevant capacity and willingness are some of the major factors that have impacted negatively on council committees from promoting effective financial accountability. The study opens up the possibility of future research to include a wider number of municipalities.</p>

<p>Municipal councils are vested with the legal authority to promote financial accountability in their respective municipalities. To accomplish this responsibility, municipal council establishes committees to enable a structured and coordinated mechanism through which it can promote financial accountability effectively. However and despite the available legal and institutional mechanisms established to enable council committees to promote financial accountability, the lack of effective financial accountability in municipalities has persisted. This study focused on the role of council committees in ensuring financial accountability. It was guided by the following research questions: What are the major factors that contribute to financial accountability at local level, what is the role of council committees in promoting financial accountability and how can council committees be strengthened to play an effective role in Stellenbosch municipality&rsquo / s municipal financial accountability. Stellenbosch Local Municipality was used as a case study for this research. The data was collected from primary and secondary sources. Primary data was sourced from members of relevant council committees through structured and unstructured interviews. Secondary data was obtained from relevant municipal reports, internet sources, government department publications, journals and Auditor - General&rsquo / s reports which contributed to the reliability, validity and objectivity of the findings. The findings showed that political instability, a lack of a culture of accountability, lack of clearly defined authority for accountability, lack of relevant capacity and willingness are some of the major factors that have impacted negatively on council committees from promoting effective financial accountability. The study opens up the possibility of future research to include a wider number of municipalities.</p>

Masters in Public Administration - MPA / Municipal councils are vested with the legal authority to promote financial accountability in their respective municipalities. To accomplish this responsibility, municipal council establishes committees to enable a structured and coordinated mechanism through which it can promote financial accountability effectively. However and despite the available legal and institutional mechanisms established to enable council committees to promote financial accountability, the lack of effective financial accountability in municipalities has persisted. This study focused on the role of council committees in ensuring financial accountability. It was guided by the following research questions: What are the major factors that contribute to financial accountability at local level, what is the role of council committees in promoting financial accountability and how can council committees be strengthened to play an effective role in Stellenbosch municipality’s municipal financial accountability. Stellenbosch Local Municipality was used as a case study for this research. The data was collected from primary and secondary sources. Primary data was sourced from members of relevant council committees through structured and unstructured interviews. Secondary data was obtained from relevant municipal reports, internet sources, government department publications, journals and Auditor - General’s reports which contributed to the reliability, validity and objectivity of the findings. The findings showed that political instability, a lack of a culture of accountability, lack of clearly defined authority for accountability, lack of relevant capacity and willingness are some of the major factors that have impacted negatively on council committees from promoting effective financial accountability. The study opens up the possibility of future research to include a wider number of municipalities. / South Africa

This dissertation focused on the nature of political control over the bureaucracy with reference to the Northern Province (1994-1998). Bureaucracies are controlled in various ways. Mechanisms aimed at ensuring public accountability towards ministers, national assemblies, the courts or ombudsmen may be instituted. The civil service may become politicised, so that it shares the ideological enthusiasm of the government of the day. Counter-bureaucracies may be formed to create an alternative advisory service and to strengthen the hand of elected politicians. Should the bureaucracy be subjected to political control? The reality of 'government by officials' may function behind the facade of representative and democratic accountability, which is the precise reason why control over bureaucratic power is one of the most urgent problems in modern politics and public administration and why no political/administrative system has found an easy solution to this problem yet. It is against this background that answers can be found to the question of whether the bureaucracy should be subject to political control and how such control should be exercised. Research questions which could herald possible solutions to the problem, were pursued. The study describes, analyses, and evaluates political control over the bureaucracy as an integral part of public adminstration and an essential ingredient of representative democracy. The dissertation also investigated the difference between the variables of the political and the administrative systems state-related structures and institutions and the ideological grounding of state-related concepts that influence the milieu of political control over the bureaucracy. Among others, the study determined the nature of the bureaucracy, provided a picture of how bureaucracies function, and described the factors and institutions that influence the interaction between the political and the administrative systems in terms of political control. / Public Administration / M.P.A. (Public Administration)

Text in Afrikaans / This dissertation is focused on questions on how the metropolitan municipalities, with specific reference to the City of Tshwane Metropolitan Municipality (CTMM), originated and developed. Against this background, the study consists of a theoretical exploration of the nature of the metropolis as a feature, as well as specific concepts related to it, an investigation into the most important metropolitan problems and an outline of the historical complications regarding the origin of metropolitan municipalities. In addition to this, personnel matters, financial relations and systems, the integrated development plans, ward committees and the role of councillors within the context of the CTMM were also investigated. / Public Administration / M.P.A.

This dissertation focused on the nature of political control over the bureaucracy with reference to the Northern Province (1994-1998). Bureaucracies are controlled in various ways. Mechanisms aimed at ensuring public accountability towards ministers, national assemblies, the courts or ombudsmen may be instituted. The civil service may become politicised, so that it shares the ideological enthusiasm of the government of the day. Counter-bureaucracies may be formed to create an alternative advisory service and to strengthen the hand of elected politicians. Should the bureaucracy be subjected to political control? The reality of 'government by officials' may function behind the facade of representative and democratic accountability, which is the precise reason why control over bureaucratic power is one of the most urgent problems in modern politics and public administration and why no political/administrative system has found an easy solution to this problem yet. It is against this background that answers can be found to the question of whether the bureaucracy should be subject to political control and how such control should be exercised. Research questions which could herald possible solutions to the problem, were pursued. The study describes, analyses, and evaluates political control over the bureaucracy as an integral part of public adminstration and an essential ingredient of representative democracy. The dissertation also investigated the difference between the variables of the political and the administrative systems state-related structures and institutions and the ideological grounding of state-related concepts that influence the milieu of political control over the bureaucracy. Among others, the study determined the nature of the bureaucracy, provided a picture of how bureaucracies function, and described the factors and institutions that influence the interaction between the political and the administrative systems in terms of political control. / Public Administration and Management / M.P.A. (Public Administration)

Text in Afrikaans / This dissertation is focused on questions on how the metropolitan municipalities, with specific reference to the City of Tshwane Metropolitan Municipality (CTMM), originated and developed. Against this background, the study consists of a theoretical exploration of the nature of the metropolis as a feature, as well as specific concepts related to it, an investigation into the most important metropolitan problems and an outline of the historical complications regarding the origin of metropolitan municipalities. In addition to this, personnel matters, financial relations and systems, the integrated development plans, ward committees and the role of councillors within the context of the CTMM were also investigated. / Public Administration and Management / M.P.A.