“INTERNATIONAL CONFERENCE ON LOCAL SELF-GOVERNMENT IN THE REGIONAL CONTEXT” “Regional and Local Democracy, core element of Albanian democracy and integration process in Euro-Atlantic structures” Prishtina - Kosovo, May 2010 Prishtina - Kosovo, May

 Regional and local democracy – a new European reality.  Albania is an integral part of this reality.  Local elected, mayors and local advisers are the backbone of democracy and local governance. 2

Why Local Government? Why Local Democracy?  Democracy and local government are two concepts insolubly related:  Power closer to citizens  Qualitative and effective services configured in the local context  Public participation in decision-taking  Higher transparency of public administration  Inalienable right of citizens to decide, appoint themselves for a good part of budget on the public investments in local level  Albanian society as a post-communist, post-totalitarian society sees to the local government the antipode of centralization in its efforts for democracy. 3

Concept “Local Government”  Exclusive right of the units, local communities to be governed by the elected.  Elected coming from equal, secret, free and right elections.  The right of local authorities to solve a considerable part of public issues at the local level.  The existence of local administrations, responsible to solve responsibilities at the local level.  The right of local authorities to freely exercise their mandate; legal, administrative competences, financial resources and human resources in the service of exercising public responsibilities. 4

Albanian efforts for local democracy and self- government  Adoption of the Law 7572, date “On the Organization and Functioning of Local Government”.  Adoption of the Law 7573 date “On the elections on local government bodies”  Organization of elections , October 1996, October 2000, October 2003,  Adoption of the Constitution of the Republic of Albania 1998, changed.  Adoption of the Law No 8652, dt “On the Organization and functioning of Local Government”  Adoption of the Law No 8653, dt “On the administrative division in the Republic of Albania”  Adoption of the Law No 8654, dt “On the organization and functioning of the City Hall Tirane”  Signature and Ratification from the Assembly of Albania of the European Charter of Regional and Local Authorities.  Signature and Ratification of Convents within the regional and cross-border cooperation otherwise known as the Madrid Convent 5

Decentralization, as a process ensuring Local Democracy and Government  Albania has had a centralist, totalitarian and communist past.  The process of creation of local elected and exercise of competences closer to citizens is a decentralization process.  Local government and democracy supported in it is an aim and the process that enables it in our conditions is Decentralization. 6

Why Local Government? Why Decentralization?  One of the pillars of democratic systems is representation. Communities shall feel represented. (Cases Kuçova, Peqini, Devolli, Hasi, Kurbini)  Decentralization and local government release energy and ensures participation in government.  Decentralization creates premises for an honest competition among communities.  Decentralization allows the exercise of democracy in the basic levels of community, where the government is perceived. 7

Decentralization principles  The principle of territorial organization.  The principle of elected organs of local units.  The principle of subsidiarity, power closer to citizens.  The principle of legality.  The principle of free exercise of mandate.  The principle of sufficient financial, judicial, and administrative resources. 8

Albanian model of Local Government Three governance levels: 1. Central level 2. Mediate level 36 districts 3. Basic level of governance; 65 city halls and 313 municipalities continuance Three governance levels: 1. Central level 2. Mediate level 12 counties and 36 districts as subdivision of counties without elected bodies 3. Basic level of governance; 65 city halls, 11 municipal units of the city of Tirana and 308 municipalities. 9

Albanian reality In accord with the Constitution, Albania has:  12- counties:  12- counties: represents territorial administrative units consisting of some city halls and municipalities, Council of the County,  36- districts:  36- districts: it is only an administrative sub-division  65- city halls:  65- city halls: represent an administrative-territorial unity and inhabitants community mainly in urban areas, Municipal Council, Mayor  308- municipalities:  308- municipalities: represent an administrative-territorial unity and inhabitants community mainly in rural areas, Municipal Council, Mayor. 10

How is the system built?  Definition of the type and levels of local units; 1- city hall/municipality, 2- council of the county.  Definition of representative organs of local units; 1-representative organ, 2-executive organs.  Definition of the manner of election of local organs.  Definition of the type of competences, the authority on competences. (by law)  Definition of the manner of organization and functioning, (by law)  Definition of the manner of local services funding, (by law).  Definition of the manner of control towards local units.  Other problems; 1-conflict of interests, 2-removal, etc. 11

Authority and Functions Own functions: 1. In the field of infrastructure and public services 2. Sport, social and cultural services 3. Local economic development 4. Order and civil protection Common functions: 1. Pre-school and pre-university education; 2. System oh primary health-care and public health protection; 3. Social care, mitigation of poorness and guarantee of functioning of responsive institutions; 4. Public order and civil protection; 5. Environment protection; 6. Other common functions, according to the manner defined by the law. Delegated functions Functions of central level which by law or memorandum is appointed to be realized by the local government. 12

Competences of City Hall, Municipality  Adopts the statute of municipality or city hall, and the internal regulation of its functioning.  Appoints and removes the mayor or the deputy mayor of the council.  Appoints and removes the secretary of the municipal council.  Adopts the organizational structure and basic regulation of its administration, of the budgetary institutional units, within municipality or city hall, and the number of their personnel, request for qualification, salaries and the manner of award of employees and other elected or appointed people in accordance with the legislation into power.  Adopts the acts of establishment of enterprises, trade unions, and of other legal people that creates itself or it’s a co-founder.  Adopts the conveyance or allocation to use of the third people.  Organizes and supervises the internal control of the municipality or city hall.  Decides for the local tariffs fees, and their level too. 13

Competences of City Hall, Municipality  Decides to get credits and remission of obligations towards third parties.  Decides for the establishment of joint institutions with other units of local government, including the subject of joint competences or with third people.  Decides for the commencing of judicial procedures for issues of its competence.  Elects the representatives of the municipal council or the council of the city hall in the council of county.  Decides for the appointment and removal of the mandate of an adviser.  Approves norms, standards and criteria for the regulation and discipline of functions given to it by law, and for the protection and guarantee public interest.  Decides for the symbols of municipality or city hall.  Decides for the addressing of roads, squares, territories, institutions and other object within the jurisdiction of municipality or city hall.  Gives honor titles and incentives.  Decides for the rules, procedures and manners of organization of delegated functions, based and for the implementation of the law by which this delegation to municipalities is done 14

Functions of the Council of County  Own functions, building and implementation of regional policies and its harmonization with state policies at county level and every other function given by law.  Functions delegated from one or more municipalities and city halls within its territory according to the agreement.  Delegated competences from the central level. in this case the financial support is guaranteed. 15

Functions of the Council of County  Approves the statute of the county, and the internal regulation of its functioning;  Decides on the level of mandatory financial assistances of each component municipality and city hall in the county budget  Appoints and removes from the members of council the mayor, deputy mayor and the members of the headship;  Appoints and removes the secretary of the council of county;  Approves the organizational structure and basic regulation of the county administration, of the units of budgetary institutions within the county, and the number of their personnel, requests for qualification, salaries and the manners of award of the employees and other elected or appointed people in accordance with the legislation into power;  Approves the acts for the establishment of enterprises, trade unions, and other legal people that creates itself or is a co-founder;  Approves the budget and its changes;  Approves the conveyance or allocation in use of the third properties;  Organizes and supervises the internal control;  Decides for the tariff fees in the competence of county and for their level; 16

Functions of the Council of County  Decides to get credits and remission of obligations towards third parties;  Decides for the establishment of joint institutions with other units of local government, including the subject of joint competences or with third people;  Appoints and removes the leaders of enterprises and institutions depending on it;  Decides for the commencing of judicial procedures for issues of its competence;  Decides for the certification and removal of the mandate of the mayor of county;  Approves norms, standards and criteria for the regulation and discipline of functions given to it by law, and for the protection and guarantee public interest in county level;  Decides for the symbols of the county;  Gives honor titles and incentives;  Decides for the rules, procedures and manners of organization of delegated functions, based and for the implementation of the law by which this delegation to the county is done;  Approves or abolish the decisions of the county. 17

Control of Legality Prefect  The person who controls the legality of acts of local units.  Control of only normative acts.  Control without power to annul the acts of local units.  A posteriori control.  Prefect as representative of the Council of Ministers in county level. 18

Local budget, local revenues Local budget Local ExpendituresLocal revenues Own local taxes Shared taxes State transfers for local units Administrative expenditures Expenditures for public investments 19

Local revenues during NoDENOMINATION Local revenues Budgetary grants Total Details of Grants (2) : a Unconditional transfer b Competitive grants c Inv. In water supply - canalization d Subvention TOTAL a+b+c+d

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Albanian reality Consolidation of Decentralization Process 23

Albanian reality Consolidation of Decentralization Process 24

 European Integration  Effective and good government  Improvement of public services  Regionalization  Public participation in decision-taking  Exchange of governance instruments: cross-border cooperation, inter-regional etc. 25

Albania and European Reality  Adhering in the Council of Europe  Ratification of the European Charter of Regional and Local Authorities  Ratification of Convents Framework on cross-border cooperation  Active participation in European activities, Council of Europe, Congress, European Organizations, Euro-regions, regional and local networks  Agreement of Stabilization, Association and European projects; structural funds, neighboring funds, pre-stabilization funds etc.  Agenda of Budapest, Warsaw Declaration, Valencia Declaration, Utrecht Declaration 26

Priorities of the Decentralization Strategy  Strengthening of the first role of governance  Compliance of the legislation with the Charter provisions  Improvement of local functioning  Consolidation of local administrations  Improvement of local services  Fiscal capacity building  Transfer of local properties, public infrastructure  Creating a strong and regional effective governance  Improvement of the election of regional councils  Clearance of regional competences  A combined regional form with a new administrative division  Independent budgetary resources  Strengthening of inter-governmental fiscal relations  A new law on local finances  National shared taxes  Improvement of the activity of the state administration at the local level  Modernization of our service of civil state and the Project of Identity Cards and electronic passports 27

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