Summary

The distinction between local and state matters is of major importance for municipal law because the independence of local governments is different in performing the said functions. The author focuses on the structure of local government functions and examines the criteria for classifying public functions into local and state ones in the Estonian legal system, drawing also on the case law in the field. Monist and dualist theories are looked at as the two basic models for classification of public functions. The author analyses which model Estonia has chosen to follow. The European Local Government Charter is also examined in the same context. When looking at the structure of local government functions, differences in voluntary and obligatory functions are pointed out. Further, the author analyses state functions and their assignment and its relation with local government guarantees, the performance of state functions and their monitoring. The author points out different methods that can be applied in order to solve the question on the belonging of public functions. Finally the author examines the practice of the Supreme Court in interpreting public functions.