CONSELLS MUNICIPALS DE DISTRICTE Acords
Districte 9. Sant Andreu Acords de la sessió celebrada el dia 1 de desembre de 2010.
‘Addressing Inter‐governmental Dispute Resolution’
Objective
The overall objective of this programme is to ensure that the risks for inter‐governmental disputes can be significantly reduced by addressing the unclear division of responsibility between central and local government related to the own‐competencies laid out in the Law on Local Self‐Government, and in particular on issues related to inter‐governmental finance. With particular attention directed to the clarification of the central government mandate in line with the principle of subsidiarity, initiatives to identify specific mechanisms and procedures which will be solely dedicated to addressing and resolving disputes of an inter‐ governmental nature.
Institutional Responsibility
Executing agencies: Office of the Prime Minister (OPM) and Ministry of Local Government Administration (MLGA)
Partners: a Steering Committee chaired by MLGA, and composed of AKM, representative municipalities and representatives of line ministries.
Recommended Budget: TBD
Disputes between central and local government are inevitable in any decentralized political system. Many of the municipalities who participated in the consultations declared that they enjoyed amicable and productive relationships with the Ministry for Local Government Administration and the central government in general. However, many more did not enjoy such a cordial relationship with central institutions. Disputes between municipal and central government are inevitable and many of the mayors wished to express their opinions on the matter.
Arguments over the benefits of resources situated inside municipalities provide a majority of the disputes between central and local governments. For example, Obiliq municipality is the home to the KEK power stations which cause considerable damage not only to Obiliq’s environment but also to its infrastructure. The mayor of Obiliq firmly believes that not only is the municipality not being compensated for hosting KEK but that his complaints are also falling on deaf ears inside the government. This has led to considerable resentment. In Kamenice the mayor complained that the central government was reaping all of the benefits of the municipality’s quarrying industry without adequately compensating the municipality which was required to carry out the surveying. Istog has also had a similar bone of contention with central government who the mayor believes are obstructing his plans to ban logging in Istog’s forests.
There was also a feeling among some mayors that the proposals and demands submitted by their municipalities were being shunned by central government on political grounds. Again this has led to considerable resentment to central government in some municipalities.
The Law on Local Self‐Government, while specifying in which fields central and local governments should have a close relationship (Chapter X), does not provide any channel or mechanism for the communication of this central‐local relationship or for dispute resolution when the authorities of central and local government may overlap.
Specific role of central government vis‐a‐vis decentralized municipal competencies. Further, the capacity of municipal administrations is critically hamstrung by the ambiguities and imprecision that exists regarding the precise definition of competencies and responsibilities of municipal governments. Although critical progress has been made by the Law on Local Self‐Government and the Law on Local Government Finance in the definition of the broad categories of municipal competencies, major work still lies ahead in clarifying – with functional and administrative precision, the specific, detailed assignment of competencies between municipal and national entities. Until the latter is undertaken systematically, sector by sector, and functional area by functional area, municipal – as well as national – government entities will continue to operate in the dark, leading to confusion, paralysis of initiative, and lack of accountability in both levels of government.
Unclear procedures and mechanisms for inter‐governmental dispute resolution. The Kosovo court systems are currently too backlogged to handle inter‐governmental disputes. In the case of the Ombudsman system, a lack of mandate and procedures for dealing with intergovernmental conflicts presents a challenge. Roles and responsibilities of the Ombudsman institution, courts, MLGA and AKM vis‐a‐vis dispute resolution are not clear. Therefore, the gap that exists in the channel or mechanism for central‐local dispute resolution needs to be tackled with great care. Satisfactory resolution to disputes between central and local governments can only result from mechanisms that are agreed upon by both parties. The design process for these mechanisms should therefore rely on considerable participation from both the MLGA and AKM.
Components
Component 1: Legal clarity on the enhanced competencies of municipalities and central
government monitoring functions achieved
Output 1: Define the allocation of general powers to municipalities over matters not regulated and defined for other administrative bodies;
Output 2: Undertake a strategic review of laws on inter‐governmental finance, natural resources and public enterprises and environmental protection issues to ensure municipal competencies are clarified/amended as necessary;
Output 3: Prepare administrative instructions in order to supplement the laws. To be undertaken in close cooperation with municipal leaders to incorporate municipal principles on development, to avoid challenges in functionality if administrative instructions are poorly conceived and without clear legal guidance from the central government. Approximate Budget:
41
Component 2: Capacities built at central level to lower potential for inter‐governmental
disputes and respond to disputes between municipalities and line
ministries
Output 1: Develop clear coordination mechanisms between MLGA and line ministries for drafting the legal framework to avoid overlap and contradiction with sectoral laws; Output 2: Continuous efforts on training of managers and officials in the legal departments in order to decrease the capabilities for legislative gaps in the decentralisation process; Output 3: Review strategic dispute resolution options, particularly the ability of the MLGA to take on the primary function of resolving disputes between municipalities and line ministries;
Output 4: Regularise the follow up and reporting by the MLGA on the implementation of recommendations given to municipalities;
Output 5: Training to MLGA staff on methodologies for monitoring and evaluation of municipalities in line with principle of subsidiarity.
Approximate Budget: