WHAT WILL ADOPTED AMENDMENTS TO THE LAW ON LOCAL SELF GOVERNMENT BRING?
CEMA.rs
„Greater participation of citizens, the principles of direct democracy and inter-municipal cooperation are just some of the innovations that will increase citizens' influence in decision-making process, thus modernizing and improving the work of towns and municipalities“, stated the Standing Conference of Towns and Municipalities – the Association of Towns and Municipalities of Serbia (SCTM) press release.
On 20 June 2018, the Serbian Assembly adopted the Law on Amendments to the Law on Local Self Government (LSG). This is a step toward an efficient, high-quality, modern and transparent local self - government.
During the process, the Standing Conference of Towns and Municipalities, as stated, cooperated with the Ministry of Public Administration and Local Self-Government (MPALSG), emphasizing the need for public participation in the work of local self-governments and local community centers.
In order to have greater participation of citizens and civil society organizations in the decision-making process at the local level, amendments to the Law on Local Self-Government introduced the following novelties:
- the local government unit is obliged to regulate within its statute the compulsory process of public consultation during the preparation of the statute, the budget (investment planning), strategic development plans, when determining the rate of revenues, spatial and urban planning, as well as other acts on the basis of qualified number of citizens proposal or one third of municipal assembly members (Article 2 of the Law on Amendments of the Law on Local Self-Government);
- the possibility for citizens to initiate a public debate on the condition that such a proposal is supported by the signatures of at least 100 eligible voters in the municipality. The signatures must be collected in accordance with the regulations governing the citizens' initiative. The competent committee of the local government assembly decides on the received proposal from citizens (Article 23, paragraph 3-5. of Law on Amendments to the Law on Local Self-Government);
- the number of signatures required to launch citizens' initiatives is 5% of the total number of eligible voters, unlike the current legal solution which envisaged that the number of signatures cannot be less than 5%. (Article 23, Paragraph 1 of the Law on Amendments to the Law on Local Self-Government);
- the competent authority of the municipality is obliged to inform the public via municipal website or in any other appropriate manner, that municipality began to work on the preparation of regulations adopted by the Assembly (Article 23, Paragraph 2 of the Law on Amendments to the Law on Local Self-Government);
- regulates the position of the local community center and the relationship with the municipality / city. The tendency is that local communities should be the place where the issues are identified and the needs of citizens are discussed.
Local governments units are obliged to harmonize their statutes and other general acts with this law within nine months of its entry into force, except for the provisions relating to the implementation of the mandatory public hearing process for investment planning in budget decision (Article 2 of the Law amending and supplementing the Law on Local Self-Government).
The municipalities which do not have sufficient capacities, from now on can establish joint bodies, companies or services. The law leaves the possibility to municipalities, in accordance with the prescribed procedure, to establish inter-municipal cooperation in the realization of tasks such as setting up joint inspections in area of education, construction, marketing or environmental protection.
“The Standing Conference of Towns and Municipalities and the Ministry of Public Administration and Local Self-Government will prepare models of local laws, statutes, rules and procedures as well as contracts that need to be harmonized due to the changes in the law. They will also organize a presentation of the new legal framework, adequate training and provide advisory assistance to cities and municipalities”, said the statement.
