I. The Basic Principles on which the Activity, Functions and Organisation of Local Government Should be Based.
Particular emphasis was given to sanctioning principles of local
autonomy, self-governance,
independence, and decentralisation, in accordance with the European
Charter
of Local Self-Government.
- During the discussion, it was stressed that the organisational and
functional principles of
local government should be the fundamental section on local government
in the constitution.
The speakers were critical about the present formulation of the draft,
according to which, the local government should be based on the decentralisation
principle. Some of the speakers
considered decentralisation a gradual process supporting the realisation
of the principle of
autonomy, which should not be seen as a separate issue from that principle.
One of the speakers expressed the opinion that relying
only on the decentralisation principle might become a
constitutional instrument in the hands of the executive government
to overburden the local government and to deny its autonomy.
Finally, participants agreed that the constitution should reflect
all the principles sanctioned in the actual constitutional provisions,
harmonising them with the European Charter of Local Self-Government (in
particular article 3).
II. Reflection in the New Constitution of Territorial and Administrative Areas, Their Levels, Criteria for Division, and the Competent Governing Authority.
It was strongly recommended that the constitution should give clear definitions for these matters and provide the necessary guarantees for them, allowing the population to express their will through referenda in accordance with the European Charter of Local Self-Government.
- Long and detailed discussions were held on this matter. In general, participants agreed that it should be considered as a constitutional issue. The existence of two levels of the local government was considered by the participants as the best one. Special importance was given to the adoption of guarantees related to the protection against arbitrary changes in territorial boundaries as provided in the European Charter (article 5). It was stressed that the constitution should establish territorial divisions and the guarantee of territorial boundaries must be determined in a specific law.
- Some of the participants expressed their opinion about the existence
of a third level of local government, in the form of
regions. This level would not be elected directly by the people,
but drawn from the elected representatives. This opinion was debated
with some arguing that this scheme might create confusion in the local
government organisational structure. Some speakers considered reasonable
a new territorial division at the district level, decreasing their number
and increasing their size possibly to prefecture size. It was suggested
that the constitution should leave open this option for the future.
III. The Constitution Should Specifically Treat the Subject of Local Government Powers and Its Respective Levels.
The inclusion of local powers in the constitution was considered essential, not only for the issue of self-governance, but also for the determination of the appropriate relation between exclusive and delegated powers.
- Regarding this issue all the participants were of the opinion that, due to the quick urban development, the population will concentrate in some big centres. For this reason, the constitution should give the possibility to regulate the local government organisational structure through a specific law.
- Some participants asked for a special status for
the capital city giving the possibility to
create, in addition to the municipality, small self-governing units with
no more than 100,000 inhabitants that are
managed by entities elected directly by the people.
IV. Sanctioning of Effective Financial Autonomy As a Basic
Issue for Independence of Local Government.
It was emphasised that without stable and effective financial autonomy,
guaranteed by the
constitution, the principles of local governance cannot be implemented.
- The participants were of the opinion that the constitution should determine the right of the local government to engage in juridical acts and to levy local taxes. For the constitutional guarantee of the financial autonomy, it was suggested to follow the first paragraph, clause 9, of the European Charter.
- Some of the participants had the opinion that the
constitution should set not only the legal status of local entities, but
even give them the right to manage national assets, have the
authority for credits, release obligations, etc. It was also mentioned
that the right of the local government to collect taxes and fees should
be regulated by law and not by the constitution.
V. Protection of the Legal Status of Local Officials.
Protecting local officials from intervention of the national executive
authority was considered a
guarantee, or safeguard, of local government autonomy.
- The constitution should provide clear clauses for their mandate and immunity. A detailed treatment of these issues should be subject to a particular law, but the constitution should express all the necessary guarantees so that the mandate and immunity provided is comparable to those of the members of the parliament.
- The participants expressed the opinion that the
constitution should prevent the national
executive authority from exercising the right to dismiss the local elected
officials. The dissolution of the city
council or commune council, as well as the dismissal of mayors, should
be the authority of the President of the Republic.
VI. Local Government Powers.
All the participants expressed their opinion that the constitution should contain clear clauses for this issue.
- Two alternative solutions were presented regarding this issue:
1. More than half of the participants were of the opinion that the constitution should determine the main areas of activity such as public services, education, culture, health, environmental protection, etc. leaving open the option of determining other activities in the law.
2. The other part were
of the opinion that the constitution should determine the
exclusive powers of local government and at the same time give the
right to delegate powers. In this case, it should be provided that
any legal delegation should be followed by the allocation of the
necessary funds.
VII. State Control on the Local Government Activity.
The participants expressed the idea that the constitution should determine to what extent state control should be exercised by the central government, and they suggested that the central government should perform only a legal control of acts and not review their content.
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Administrative Center for Coordination of Assistance and Public Participation
ACCAPP is an independent entity, formed at the request of the Government
of
Albania and sponsored by the Organization for Security and Cooperation
in
Europe. Its mission is to coordinate assistance and public participation
in
the drafting of a constitution for the Republic of Albania.
Staff:
Ardita Abdiu, Coordinator
Erinda Ballanca, Coordinator
Scott Carlson, Coordinator and OSCE Project Manager
Darian Pavli, OSCE Project Officer
Elda Gorenca, OSCE Project Officer
Contact Information:
accapp/qakapp
OSCE Presence
Rr. "Donika Kastrioti" Vila 6
Tirane, Albania
355-42-40672 (v)
355-42-40673 (f)