Contenu du sommaire : Les pays en transition : mutations et reconstruction

Denationalization in Bulgaria : Mechanisms and Interests. Different types of denationalizations can be distinguished in Central and Eastern European countries. Bulgaria is a good example of a «blocked denationalization». This blocking derives essentially from the absence of strong political will caused by the populism of political forces. Conflict of interests can be found either at the executive level or in the bodies in charge of denationalization. Besides, the professional changes required by denationalization are not accepted by the administration. Because of this demanding and conflictual environment, the diverse participants of denationalization have no immediate interests in speeding up the process.

From Public Enterprises to a Free Market Economy : Ambitions and Results of Russia's Denationalizations. The denationalization of public undertakings in Russia was an ambitious experience, difficult to realise because of the deep changes that it required in the economical and legal infrastructures. A statement made after the end of the first phase of denationalization revealed major dysfunctions. That is why some modifications were made to form groups of strategie owners. The denationalization also conducted to a multiplication of various legal statutes for recently denationalized enterprises, and these legal uncertainties increased those related to the precarious economic situation of the country.

The Reform of Local Structures in the Czech Republic. The reform of local structures in the Czech Republic consisted, in the first place, to guarantee the municipalities' independence by fixing their powers and by enumerating their composing organs. Besides the prerogatives related to the management of local affairs, the municipalities were also given some atributions delegated by the State. The Constitutional Act of January lst, 1993, also provides for the creation of a second level of territorial divisions whith its own powers. Nevertheless, this reform has not been completed yet because of the difficulties to draw the territorial divisions and the necessity to define the State-local authorities relations.

Setting-up of the Civil Service in Hungaria. In the period previous to the change of regime in 1990, the Civil Service had shown some differences from the socialist model by giving more importance to professional qualifications and to individual aptitudes. In 1990, the change of the general orientation occured without compromising the quality of the administrative work, and the 1992 reform was made calmly. However, because Act XXIII of 1992 does not provide the whole Hungarian Civil Service whith a general framework, it is deceiving. It does not cover the development of the new system of initial and in-service training of civil servants. The particularism of the Civil Service at the local level is not enough taken into account. Finally, the absence of a general view of Civil Service management is problematic. To resolve these problems, it is necessary to consider a review of the Civil Service Act.

In Search of a Public Property Law : Slovenia's Example. In countries where the social property is predominant, whether it is State property or collective property, the creation, after the change of regime, of a public property was something completely new. In Yougoslavia, there were some basic rules on State property, but they were used as the constitutional foundations of nationalization and expropriation. After 1990, in Slovenia, it was necessary to decide what in State property was to be excluded from the denationalization. Among public property goods, the goods for everybody's use have to be available, according to the Slovene law. On the other hand, the law does not say if the goods necessary to the public service have to be put in public property. Generally speaking, the Slovene system seems to evolve towards a submission to civil law, with only some special limitations, like the German system. However, these limitations being numerous, the definition of a general framework for public property is still necessary.

Statute of Lands, Property Rights, and Land Ownership Mechanisms in the Economy in Transition of Eastern Europe Some land ownership problems are an obstacle to the emergence of a market economy in Eastern countries. The implantation of land and real estate property rights, recently introduced in the legal system of these countries, bump into the absence or the complexity of a land registry system, the absence of solvent demands, and the difficulties related to the restitution to the previous owners. For sure, the western models cannot be transposed. The solution to these problems has to go through a simplification of the legal framework, and a clear distribution of powers, and also through the practice of an evaluation of the risks caused by this adjustment operation.

The Slow Gestation of an Administrative Law : Latvia's case. In Latvia, since the return of the independance, the role of the public sector as a whole, State and social structures, is at the heart of thoughts. In this country, there is a wide gap between an extremely institutionalized State and a society which is it not at all. The coexistence of laws conceived on very different basis illustrates well the instability which is increased by the absence of conceptual foundations of the new legal system. However, we can see an administrative law starting to develop, which will enable a better balance between institutions and society.

Citizen's Protection Against Administration. After the revolution of 1989, the first steps of Romania towards the rule of law were the adoption of a new constitution and the adhesion to the European Convention of Human Rights. Nevertheless the judicial review of the administrative actions is still to be organized to guarantee an effective protection of fundamental rights. Even more, it is necessary to set up a real separation of powers.