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(Legal Basis of Involvement)

 

Article 245-2.

An ordinary local public body shall not be subject to nor need to be subject to involvement by the state or To, Do, Fu or Ken in the handling of its affairs except in accordance with the law or a cabinet order founded in law.

 

(Basic Principles of Involvement)

 

Article 245-3.

In the event that an ordinary local public body receives or requires involvement by the state or To, Do, Fu or Ken with regard to the handling of its affairs, the state shall keep the involvement to the minimum necessary to achieve the purpose in hand, and shall take into consideration the autonomy and independence of the ordinary local public body.

 

2.

The state shall as far as possible ensure that the ordinary local public body does not receive or require the involvement of the stage or To, Do, Fu or Ken as prescribed in number 1 of item 1 and item 3 of Article 245 in the performance of the Self-government functions of the ordinary local public body, or as prescribed in item 3 of Article 245 in the performance of the Statutory entrusted functions of the ordinary local public body.

 

3.

Unless there is need for coordination between the policy of the state or To, Do, Fu or Ken and the policy of an ordinary local public body, such as the need to maintain an accord between a project of the state or To, Do, Fu or Ken and a project of an ordinary local public body, the state shall ensure that the affairs of the ordinary local public body are performed without the involvement of the state or To, Do, Fu or Ken as prescribed in item 2 of Article 245.

 

4.

With the exception of cases in which it is recognised that failure to ensure coordination between the policy of the state or To, Do, Fu or Ken and the policy of an ordinary local public body will markedly hinder the execution of these policies, for example when an ordinary local public body draws up a project requiring the state to take special financial or taxation measures by law, the state shall ensure that the Self-government functions of an ordinary local public body are performed without the involvement of the state or To, Do, Fu or Ken as prescribed in number 4 of item 1 of Article 245.

 

5.

With the exception of cases in which it is deemed difficult to secure the appropriate handling of Self-government functions by any method other than by requiring the permission, authorization or approval of a national government agency or organ of the To, Do, Fu or Ken, for example when an ordinary local public body establishes a corporation according to special laws, the state shall ensure that the Self-government functions of the ordinary local public body are handled without the involvement of the state or To, Do, Fu or Ken as prescribed in number 5 of item 1 of Article 245.

 

 

 

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