UDC 351.008:528(497.12) 
061.3(497.12) GeoJetic work-,l,op „1992":528 
SURVEYING SERVICE 
IN NEW LEGAL SYSTEM 
Stanko Majcen 
MVOUP-Republiška geodetska uprava, Ljubljana 
Receivedfor pub~ication: Sept.16, 1992 
1 Abstract 
On the basis of the constitution and laws on local self-
governing, state administration and public services, the 
suggestion is made to execute surveying service activities on 
the state leve! whereas individual tasks should be executed as 
a pub lic service. Activities of the surveying service on the s tate 
leve! should be executed by the Republican Surveying and 
Mapping Administration and district surveying 
administrations with their branch-offices whereas certain 
tasks could be transferred to municipal surveying 
administrations. 
Keywords: Geodetic workshop, law, organization, public 
administration, Rogaška Slatina, Slovenia, surveying service, 
1992 
INTRODUCTION 
In the new independent sta te Slovenia a new constitution and a series of laws have already been adopted and some are undergoing parliamentary procedures. These 
directly or indirectly influence the organization of the surveying branch. The new 
organization and competence of the surveying branch will be regulated in the new law 
on surveying service. In the introduction I would like to define my view of the 
„surveying service" e. g. the „activity of the surveying service". The main task of the 
surveying service isto provide standardized surveying spatial registers about position, 
form, land use, property and other elements of space. Among object surveying spatial 
registers (further on: surveying service registers) the following have to be reckoned: 
land cadastre, building cadastre, register of administrative territorial units, evidence of 
house numbers, evidence of surveying points and sta te boarder, topographic and 
general maps. In addition to basic tasks of the surveying service the surveying service 
should ensure the execution of.certain surveying services having public character and 
having direet influence on registers of the surveying service e. g. can be managed only 
on the basis of these registers (further on: surveying services). 
SURVEYING SERVJ!CE ON STATE OR. LOCAL LEVEL? 
The answer to this question must be sought above all in the Republic Slovenia constitution (further on: constitution) and in new laws from the field of l9cal 
self-governing, state administration and districts, which are in preparation. In spite of 
the fact that in contemporary stats self-goveming is not regulated in a unique way it 
has one eommon feature: ona local leve! certain affairs are independently managed 
more or less irrespective of sta te administration. Consequently the inhabitants of a 
Geodetski vestnik 36 (1992) 3 
local community have the decisive role as regards executing local affairs. They manage 
these affairs within the range of their needs and possibilities. Thus the sta te does not 
interfere in local affairs solving. In the same way this means that on the local level 
affairs, which are to be uniquely administered and uniquely performed for all citizens, 
are not performed. These affairs are within the competence of the sta te. 
far as local self-governing is concerned the constitution regulates only the most 
issues (Article 9 and Articles 138 till the rest will be regulated in 
a special law on local self-governing - this draft of bil! to pass a statute is in the course 
of proceedings. The constitution regulates that a self-governing local community is a 
commune, which may make independent decisions about connecting into broader 
self-governing local community, even into a region if there is th.e case of regulating 
and managing local affairs of broader importance. A further regulation of the 
constitution is that a commune is competent for those local affairs, which can be 
independently administered by a commune and which concern only the inhabitants of 
a commune. A commune is financed from its own resources. With this the constitution 
h.as on general virtuaHy defined affairs on the sta te and local leve!. The constitution, 
regulates a possibility of a transfer of individual tasks forma s tate leve! to a commune 
one or to a broader self-governing local community. This can be done only in 
preceding accordance with a commune or broader self-governing community and 
under the condition the stale provides the necessary means to perform the tasks. In 
this case there is state supervision not only of the regu!arity but also of the suitability 
and professional aspect of the work of a commune e. g. of a broader self-governing 
community. 
In addition to these the state can tum over to broader self-governing local communities certain affairs form the competence of the s tate into their original 
competence; this is possible only in agreement with them. The s tate then determines 
the degree of participance of these communities at suggesting and executing certain 
affairs from the sta te competence. Principles and criteria for the transfer of 
competence are regulated by the law. In this case the sta te authorities carry out s tate 
supervision of the regularity, the necessary financial means for the execution of the 
affairs are provided for only by the broader self-goveming local community. Besides a 
common the constitution defines also a municipal commune. By virtue of law certain 
tasks from sta te competence, regarding the development of cities, may pass to a 
municipal cornmune, which executes these tasks as her own ones. In this case, too, the 
state authorities carry out sta te supervision of the regularity of the performance of 
these tasks; for the necessary financial means the municipal commune alone is 
responsible. 
The proposed first draft of the law about local self-goveming provides that the state, in conformity with the law, may entrust the execution of individual affairs 
from sta te competence to a region. A region executes these affairs as state ones 
according to state instructions and with sta te means. The working material about 
shaping new communes in Republic Slovenia forecasts that Slovenia should have 230 
communes according to less detailed division and 242 communes according to a more 
detailed one. The same material suggests the number of intermediary units between 
commune and the republic. In case the intermediary level would perform only tasks of 
the state administration, 22 to 25 districts would be rational; in case new regions 
Geodetski vestnik 36 (1992) 3 
would be simultaneously an instrument of the s tate administration and would be 
bound to associate into broader self-governing units, 12 or 8 regions would do, 
The s tate administration law should define also administrative-territorial organization of the sta te administration, For a decentralized execution of s tate 
administration tasks administrative districts (further on: districts) are suggested, A 
district should be organized for more communes, asa rnle for an area of a region, 
Areas of districts will be defined by law, Tasks of a district will be executed in inner 
organizational units for individual fields e, g, areas, defined by documents of an 
organization, issued by a region's head. According to vol urne, nature and method of 
performing tasks of interna! organizational units for a district, branch-offices for the 
area of one or more communes may be organized, The law should dcfine on general 
also tasks of a district. So a district should take decisions on the first stage in 
administrative affairs from s tate competence providing the law does not dcfine this in 
some other way. Further on districts should perform certain tasks from the 
competence of ministries as to a supervision of regularity of the work of local 
communities' oodies e. g. supervision about adequacy and about professional aspcct of 
their work as to matten; from sta te competence, carried over to a local community. In 
addition districts execute also other administrative tasks from s tate competence 
according to legal provisions of certain fields. 
,he law on sta te administration should also define that regions' authorities should 
be entrusted with performing tasks which fall into a competence of a district in 
case a district and a region are organized for the same area. A region may be entrusted 
with performing tasks with its preceding consent and according to the procedure, 
defined by law. The law on s tate administration plans also the organization of regional 
units of individual ministries to perform specialized tasks in the sphere ofwork of a 
ministry, which can not be preformed in districts. Asa rule a regional unit can occupy 
more communes or more regions. The law on s tate administration should also define 
that the sta te takes over from the commune also administrative tasks on the field of 
the surveying service. This is to happen in 3 months after the law is put into force. The 
law will define also areas of regions. These tasks, except tasks concerning 
administrative supervision, will be performed by districts. 
According to all that was said so far on the subject of the question of this chapter there can be but one answer: the tasks of the surveying service belong to the 
competence of the sta te, There is also no doubt that the execution of the tasks of the 
surveying service has to be divided among the ministry (e, g. between the Republican 
Surveying and Mapping Administration) and districts. To suit best the requirements of 
citizens e. g. parties the execution of certain tasks has to be organized in district 
branch-offices. The detailed definition of the contents of tasks of the surveying service 
and dividing the execution of these tasks among the ministry, district and 
branch-offices, which will have to be defined in the law on surveying service, is far less 
clear. Individual tasks, especially professional operational works e, g, surveying 
measurement technical works as regards the set up and surveying service registers 
maintenance, which have administrative character e. g, would be wise to be performed 
jointly on one place for the whole s tate, should be carried out by public firms e, g, 
public institutions asa public service. Other tasks of setting up and maintaining 
registers would be carried out according to market princi ples. A detailcd definition of 
Geodetski vestnik 36 (1992) 3 
the tasks of the smveying service in the field of sta te competence and dividing these 
among the ministry (Republican Suiveying and Mapping Administration) and a 
region and their units should be defined in the surveying law. This law will have to 
define a possible turn over of the suiveying service tasks to a commune, a broader 
local community e. g. to a municipal commune. It is most probable that the turn over 
to a commune e. g. to a broader local community is not significant whereas the turn . 
over to a municipal commune may make sense especially when regarded as a higher 
leve! of suiveying service registers within sta te competences e. g. individual registers, 
which are important above ali for the development of cities. 
SURVEYING SERVICE AS PUBU C SERVICE? / 
U ntil there are by special laws defined public services, the law on establishments defines that services are activities e. g. affairs, which are by law defined as 
activities e. g. affairs of special social significance. Due to the fact that the law on 
surveying service defines that affairs, performed by surveying services in accordance 
with this law, are affairs of special social significance, the professional-operational 
work in connection with setting up and maintaining surveying services registers is 
defined asa public service. But this does not give a final answer to the asked question. 
Namely the law of establishments states that this is valid only till public services in 
special laws are defined. Consequently the law on surveying service has to define 
whether certain tasks of the surveying service will be performed asa public service or 
not. Before giving a predse definHion of the surveying service asa public one let's 
have a look at some general characteristics of a pub lic service. 
In a developed legal system two administrative systems are established - the territorial and the functional one. Through a territorial administrative system a 
state executes its power through its institutions like ministries, administrations, 
inspectorates, administrative institutes and alike. Through functional administrative 
systems e. g. public services, above aH the performance of those public services is 
ensured, which main aim is not the function of sta te authority. This is achieved 
through pubHc firms, public institutes etc. Through functional administrative systcms 
- public services the performance of affairs important to the state is ensured - affairs 
which can not be let to bHnd forces, spontaneity, mere accidents, market laws etc. 
Among the forms of public services also concessionary systems, in which a sta te by an 
administrative document grants a license - a permission e. g. to perform a public 
service to certain organizations and individuals which fulfill requested conditions. A 
state may seize the concession and give it to other organizations or individuals. The 
concessionary system is characterized by a high grade of independence of 
organizations and individuals. 
In Slovenia the performance of pub lic services is fundamentally settled in the law on establishments. This is the case for above ali the so called „social activities". On the 
basis of this law many public services have been founded, like culture and education, 
medica! activity, apothecary activity. Another law, which will define economic pub lic 
services on general and is in the final phase of adopting, is the law on economic public 
services. The law on establishments defines that in conformity with the law e. g. with a 
decree of a commune or a city, according to legal provisions, certain public activities 
may be performed as public services for which, in the public interest, the republic, a 
Geodetski vestnik 36 (1992) 3 
commune or a city, ensures permanent and undisturbed execution. To perform pub lic 
service a pub lic establishment is founded. Yet a pub lic service may be performcd also 
by some other establishment, society, organization or by individuals, who fulfill 
the conditions requested for executing a pub lic service and who are granted a license 
to execute a public service. A license to execute a public service can be granted by law 
or by a decree of a commune or a city or by a decree of a competent agency according 
to law or decree. The concedent (agency granting licenses) and the concessionaire 
(establishment, firm ... which takes out a license) make an agreement about the 
license, which regulates the relations between them as to the execution of the pub lic 
service. A license is granted fara definite or indefinite period of tirne, whereas the 
concedent may take away the license if the concessionaire fails to execute the pub lic 
service as agreed by the regulations and by the agreement. The means to execute 
pub lic service are gained by the concessionaire from the founder, by payments of the 
completed services on the market, and from other sources defined by law. 
The Jaw on economic public services should define economic pub lic services to be · administrative and other activities of service or production character, with which 
within the frame of defined regulations public material properties are ensured. Public 
goods are considered products and services and their permanent and undisturbed 
production is ensured to fulfill diverse public needs (the field of energetics, transport 
and telecommunications, water management, management of other kinds of natura! 
resources, environment protection and other economic activities), in case they can not 
be ensured on market or if their ensuring by market principles would be contrary to 
puhlic interests. There should be republic and local economic pub lic services. They 
may be compulsory or optional. A compulsory and republic pub lic service is faunded 
and is regulated by law. The law anticipates that in cases, defined by law, the 
administration can order individuals products and services to be ensured in the mode, 
adopted far economic public services. The law should also define that the execution of 
economic public services is ensured by the Republic Slovenia or by local communities 
in a direct way (economic public services in overhead) or by granting licenses. 
Economic public services may be executed in overheads only when they can not be 
ensured by granting licenses; Republic economic public services are financed within 
the means of the Republic, whereas obligatory local services are financed by the 
Republic and local communities in the ratio and by the way defined by law. 
For the task of direct executing economic public services the Republic and local communities may found overhead plants or pub lic firms, whereas public firms can 
not execute activities which can be provided by market. A licensed economic public 
service is executed by a concessionaire on the basis of the authority of the concedent. 
A concessionaire may be a physical or a legal person in as much this person can fulfill 
conditions to execute these activities. A concessionaire is appointed on the basis of a 
public competition. In case a concessionary deed is a law or a decree of a local 
community, it can state that the selection is defined without a public competition. The 
concedent and the concessionaire make a concessionary agreement in which their 
mutual relations as regards the execution of the concessionary economic public 
service are regulated. 
There no public service, defined in the law on establishments e. g. in the planned law on economic public service, directly applicable in the surveying service; yet 
Geodetski vestnik 36 (1992) 
some services may be executed asa public service. A number of tasks of the surveying 
service can not be ensured by market. Consequently, if these are not to be given into 
direct execution of the s tate surveying administrative authorities, the need arises to 
execute certain tasks of surveying service asa public service. Asa public service 
especially cyclical and other aerial survey, the set and the maintenance of basic 
surveying networks of higher grades, topographic and general maps ... should be 
executed. These works are highly professional tasks and their execution does not need 
many executors. Within Slovenia the introduction of competition in these fields of 
work is not possible and the international competition as regards the special 
significance of these tasks from the sta te point ofview is not acceptable. Also 
surveying services should be executed asa public service unless a special procedure to 
geta public authorization would be necessary for the execution of aU services. The 
execution of certain surveying services can be classified as affairs belonging to the 
function of stat~ administration and to execute such affairs a public authorization is 
necessary. A similar puhlic authorization will be needed by concessionaires at 
executing certain administrative affairs in connection with the set up and maintenance 
of surveying service registers. The constitution provides the possibility of issuing a 
public authorization (Article 121) when defining, that self-governing communities, 
firms and other organizations and individuals, may be granted a public authorization 
for executing functions of state administration. By granting a public authorization the 
most sensible and effective execution of tasks in question should be achieved. 
References: 
Grad, F., 1992, Ustava Republike Slovenije - Samouprava, pravna praksa, štev. 12-13, Ljubljana. 
Janko, L., 1990, Javna podjetja, Podjetje in delo (XVI), štev. 5, Ljubljana. 
Koncepti geodetskega zakona in drnga gradiva Republiške geodetske uprave, 1989-1992, interno. 
Lokalna samouprava v Republiki Sloveniji, 1992, Poročevalec Skupščine Republike Slovenije, 
Posebna številka z dne 30.3.1992, Ljubljana. 
Okvirna izhodišča za normativno urejanje javnih podjetij in javnih zavodov, 12.2.1990 interno, 
Republiški komite za zakonodajo, Ljubljana. 
Ustava Republike Slovenije z uvodnim komentarjem, 1992, ČZ Uradni list Republike Slovenije, 
Ljubljana. 
Zakon o državni upravi, osnutek 23.6.1992- interno, Ministrstvo za pravosodje in upravo, 
Ljubljana. 
Zakon o geodetski službi, Ur.L SRS št. 23 z dne 11.10.1976. 
Zakon o gospodarskih javnih službah, predlog 25.2.1992- interno, Ministrstvo za varstvo okolja in 
urejanje prostora, Ljubljana. 
Zakon o zavodih, Ur.!. SRS št. 12 z dne 22.3.1991. 
Review: Franci Bačar 
Ivan Škedelj Močivnik 
eodetski vestnik 36 (1992) 3