(4) |
The New Relation between Prefectures and Municipalities |
i) |
Rise of the Municipalities of an Independent and Self-help
Type |
For municipalities as well as prefectures, the character as a perfect self governing body was strengthened by abolition of delegated functions, stipulation of involvement by law and establishment of a dispute processing system etc. Rather, municipalities were positioned as a subject which processes the office work in an area comprehensively as fundamental local authorities.
Moreover, municipalities have become the organizations who work independently based on the principle of self-determination and accountability under "the principle of subsidiarity. "For example, the coercive regulations for municipalities (Article 14 of Local Autonomy Law before revision 3, the 4th clause) were abolished. This regulation was that prefectures could establish required ordinances (the so-called "control ordinance") about the administration of municipalities and the ordinances of municipalities were invalid when they broke those of prefectures. So to speak, the rise of municipalities of "independence and a self-help type" will have big influence also on the role of prefectures which tended to stand on the role of a protector and a supervisor of municipalities conventionally.
The principle of "equality and cooperation" is applied not only to the relation between prefectures and the country but also to the relation between municipalities and prefectures. Abolition of the delegated function system was what changed the relation between prefectures and municipalities a lot rather.
Moreover, the appearance of the municipalities which strengthened the administrative and financial base by promotion of merger of municipalities in recent years has also affected the state of prefectures inevitably. According to the calculation by the Ministry of Public Management, Home Affairs, Posts and Telecommunications based on the pattern of merger of municipalities which each prefecture created, in the minimum case, the prefecture where the number of municipalities within the prefecture becomes three is also just going to consist. In such a situation, the role of prefectures has been asked inevitably.
ii) |
Small-scale Municipalities and Prefectures |
There are about 3,200 municipalities in our country, and those with a population less than of 5000 occupy about 20% of the whole, and those with a population less than of 10,000 occupy about 50% of the whole. In order to strengthen the administrative and financial base of municipalities, the government is promoting merger of municipalities vigorously based on the plan "setting the number of municipalities to 1000 after mergers" of the governing party. However, the possibility that small-scale municipalities will remain cannot be denied by the restrictions on geography etc. In this case, it is necessary to examine who bears the administration service to the residents in these municipalities, and how the state of small-scale municipalities should be and to perform a conclusion.
From such a viewpoint, the following arrangement about the argument related to small-scale municipalities is performed in the 27th Local Government System Research Council which was launched in November, Heisei 13 (2001) that determined "the state of a fundamental self-governing body."
Small-scale Municipalities
・ |
How should we consider the state of the small-scale municipalities
where it becomes difficult from the synthetic situation such as a financial situation
and others to bear the role expected as a fundamental self-governing body from
now on? |
・ |
When taking the measures (processing by the merger system or
other organizations etc.) to improve the present state of small-scale municipalities,
how should we decide the candidate organization? Based on objective standards
such as population? Or should we take into consideration the proposal of the small-scale
organization etc.? |
・ |
Do we make the office work which small-scale municipalities
still bear after reexamination and the state of an organization into a form common
to the whole country, or enable selection of various forms by the area? |
Office Processing in the Zone of Small-scale Municipalities
・ |
When it becomes difficult from the synthetic situation such
as a financial situation and others to bear the role expected as a fundamental
self-governing body from now on, Should we distribute a part of the office work
to prefectures (perpendicular complement), or distribute to the other organization
(horizontal complement)? Moreover, when distributing to organizations other than
prefectures, how is the problem about residents' intention? |
・ |
Is it possible to accept selection of a perpendicular complement
system and a horizontal complement system? |
・ |
About the organization set as the object of the above-mentioned
measure, should we leave the juridical personality as a fundamental self-governing
body as it is? Or should we give the juridical personality in the form which is
not a fundamental self-governing body? |
When prefectures perform a part of office processing in the zone of small-scale municipalities (when performing the so-called above-mentioned "perpendicular complement"), this will be added as a new role of prefectures. Since the know-how of processing the office work of municipalities does not exist in prefectures, there may be criticism that office processing becomes rather inefficient and the role assignment of prefectures and municipalities becomes ambiguous.
Speaking of the former criticism, since a local authority should improve residents' welfare, it could be efficient to process the office work by an office processing special case system(Article 252-2〜252-17-4 of the Local Autonomy Law) and an office commission system between local authorities(Article 252-14〜252-16 of the Local Autonomy Law), etc. Moreover, reexamining the role assignment itself should never be denied if residents need a prefecture as an administration service offer subject while it may be possible to regard such a role of prefectures as the so-called "complement office work" under the current law system.
Anyway, argument and examination about this point are performed from a broader standpoint in the 27th Local Government System Research Council and it is expected that a conclusion is obtained there.
iii) |
The Big City System and Prefectures |
The changes of a big city system are as follows. The Meiji era had 3 city special case movements of Tokyo-shi, Osaka-shi and Kyoto-shi. Then, the shift to the Tokyo metropolitan system was made in Syowa 18(1943) and the designated city system was founded through the special municipality movement of the 5 big cities (Osaka-shi, Kyoto-shi, Nagoya-shi, Yokohama-shi and Kobe-shi) after the Second World War. Moreover, the core city system was founded by Local Autonomy Law revision in Heisei 6(1994), and the special case city system was founded by the Local Autonomy Law revision in the Omnibus Decentralization Act in Heisei 11(1999). Thus, the big city system has been always closely related with the prefecture system.
Also, "the state of a big city" is now mentioned as one of the deliberation items in the 27th Local Government System Research Council, and the following matters are mentioned as the points of argument about the relation between big cities and prefectures by this board-of-inquiry special sectional meeting.
The Relation between Big Cities and Prefectures
・ |
Should we consider the relation between prefectures and big
cities towards raising the independence of big cities more? Or should we think
towards raising the role of prefectures including the capital system? |
・ |
When expanding the authority, the source of revenue and so
on of big cities like designated cities, should we leave prefectures the power
to arrange their municipalities' authority and so forth, not making municipalities
become independent of prefectures? |
・ |
How should we consider institutionalizing the "special municipality"
which is independent of prefecture totally and has both the city authority and
the prefecture authority as one the options for making a big city system like
the designated city system? In this case, can they achieve the function as a fundamental
self-governing body enough? |
・ |
Setting aside the above radical alterations, how should we
consider changing a source of revenue distribution between big cities like designated
cities and prefectures for the time being? |
・ |
In spite of limiting the office work of prefectures inside
the boundary of the designated cities now, many members of the prefectural assembly
are elected from the designated cities. How should we consider the state of the
prefectural assemblyman in a big city area? (How should we consider the relation
between the standpoint of "without representation, without taxation" and the actual
authority?) |
All are very fundamental points of argument, and are the problems that may be directly linked with the state of the prefecture system related to the problem of a functional complement of the above-mentioned small-scale municipalities. Although this paper cannot but limit to the indication of some points of argument, they are the subjects which must be examined further based on broad argument in every direction.
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