Features of the Functioning of the Prefects' Institute in France, Italy, and Romania: Experience for Ukraine

The authors have analysed the legislation of France, Italy, and Romania in terms of fixing the main tasks, functions and powers of the prefects’ institute. It is noted that in these states prefects perform a fundamental role in relations between the state and local governments, they are social intermediaries. In France, meanwhile, the activities of prefects depend not only on the legal framework but also on an adequate institutional structure, procedures and relations; in Italy - there are permanent conferences consisting of representatives of territorial executive authorities and local governments to facilitate the exercise of the powers of prefects. At such conferences, local problems are solved with the involvement of as many interested entities as possible to discuss and find the optimal solution to this issue; in Romania, the minister coordinating the prefect's institution may propose for the government to revoke the prefect's order if he believes that it is illegal or unreasonable. We believe that this experience can be useful for Ukraine.

It is concluded that in the considered foreign states, the role of prefects mainly lies not only in representing the interests of the state at the local level, coordinating the activities of territorial authorities of state power and control and supervisory powers for local self-government authorities, as provided for in the draft law of Ukraine dated 30.10.2020 No. 4298. However, the most important function of prefects is social mediation between the state and local governments, which can unite everyone to find a consensus solution or a balance between ensuring the interests of the state and the interests of local governments. In addition, the prefects in France, Italy and Romania are those guarantors of local democracy who care about public interests, promote the rights, freedoms and legitimate interests of human and citizens, and business entities, as well as solve problems of local self-government authorities, are guarantors of partnership cooperation between the state and local self-government authorities.