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Forum Paper Title: Local Public Entrepreneurship and Local Self-Government. The Rule of Law and the Role of the Judiciary. The Aftermath of Global Competition among Local Governments?
Commentators: Professor Patrick Macklem, Professor Roderick Hills, Omer Kimhi
Abstract of Forum Paper:
Local public entrepreneurship is a concept which encompasses a variety of activities carried
out by local governments to foster local economic development. The first part of this paper
puts forward local public entrepreneurship as a windfall of the right to local selfgovernment.
In the second part two cases are presented - one from EU and one from US -
where local public entrepreneurship is playing a major role. However, in the EU the ECJ
jurisprudence is discouraging local governments to engage in such activities thereby
undermining the right to local self-government. By contrast, the US legal system actively
encourages a high level of local public entrepreneurship for the production of urban
services and infrastructure. The third and conclusive part of the paper addresses the implications of globalization for local development and questions whether normative action
to regulate local public entrepreneurship shall be taken at the international law.
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