Concerning the land

Article 14

Article 15

Servet Pëllumbi

CHAPTER I

Object of the Law

This Law regulates the organization and functioning of local government units in the Republic of Albania, as well as sets forth their functions, competencies, rights and duties and those of their respective bodies.

Definitions

Within the meaning of this law:

1. “Function” is the field of responsibility of a certain level of government.

2. “Delegated functions” are functions of central government or other central government institutions that by law or by an agreement are assigned to a local government unit for performance in a manner and to a degree which is determined by the central government or other central government institutions.

3. “Joint [shared] functions” are functions for which the local government unit has its share of responsibility, distinguished from the share of responsibility granted to central government, and the functions are accompanied proportionally with competencies, which are exercised autonomously.

4. “Exclusive functions” are functions given by law to the local government unit, for the realization of which it is responsible and has the authority to make decisions and use means for their realization, within the norms, criteria and standards generally accepted by law owing full administrative, service, investment and regulatory authority over these functions.

5. “Competency” means authority given by law to a certain organ to carry out a certain function.

6. “Own Authority” means exclusive authority given by law to local government units to carry out their functions.

7. “Administrative authority” is the competence to manage structures and personnel (setting up, improvement and merging of structures as well as appointment, dismissal, transfer, training, the setting of wages, compensation) in compliance with the legislation in force.

8. “Delegated authority” means an authority of the central government that is by law or agreement assigned to a unit of local government.

9. “Investment authority” means authority to plan, distribute and perform an investment.

10. “Regulatory authority” means authority to establish regulations and rules (issuance of licenses, opening / closing hours of local services, and imposing penalties or in general to grant rights and establish obligations) in compliance with the standards and legislation in force.

11. “Service authority” means the authority to plan, deliver and realize the maintenance of objects and perform auxiliary services.

12. “Central Government” means the Council of Ministers, Ministries and other Central state agencies.

13. “Reorganization” means a change in the administrative-territorial division.

14. “Subject of Joint Competencies” means a committee, entity, institution, enterprise, board created by two or more units of local government or between one or two more units of local government and central government to a service or satisfy an obligation which is common to them.

15. “Subsidiary” is the principle of performance of functions and exercise of competencies by the level of government [governance] which is closest to the citizens.
Article 3

Mission of Local Governments

The purpose of local government in the Republic of Albania is to promote the welfare of the people and guarantee good governance, at the level closest to the residents through:

a) Recognition of the existence of different identities and values of the communities in

Albania,

Constitution and other laws in those communities,

c) Opportunity to make choices between different kinds of local public facilities and services for the benefit of the community,

ç) Efficient and effective exercise of the functions, competencies and realization of duties of various bodies of local government,

d) Delivery of appropriate services,

dh) Promotion of effective participation of local residents in local government.

Fundamental Principles of the functioning of local government units

1. The organs of local government units exercise their authority on the basis of the principle of local autonomy.

2. The relationship between local government unit’s levels and Central Government and between the local government units themselves will be based on the principle of subsidiarity and collaboration for solving mutual problems.

3. In their activity organs local government units act in compliance with the Constitution and laws enacted in the spirit of the Constitution.

4. Organs of local government units are juridical persons.

5. Any commune, municipality and region is a governing organ with persistence.

CHAPTER II

Designation of Communes, Municipalities and Regions and Subdivisions

1. Communes and municipalities comprise the basic level of local government.

2. A commune is an administrative-territorial and a community of residents’ unity usually in a rural area but in special cases in urban areas. The territory, name and the center of each commune shall be determined by law. Sub-divisions of communes are villages and in special cases cities. The sub-divisions of communes are defined by the Commune Council.

3. A municipality is an administrative-territorial and a community of residents’ unity usually in an urban area and in special cases in rural areas. The territory and name of each municipality shall be determined by law. Sub-divisions of municipality in urban areas are called quarters. Upon the decision of the Municipality Council, a quarter can not have less than 15,000 residents. When a municipality has under its jurisdiction rural areas the subdivisions are the villages. A village can not have less than 200 inhabitants. A city is a residential center, which will be developed according to an approved future urban plan. City is an urban area that has been called so by law.

4. Regions comprise the second level of local government.

5. A region is an administrative-territorial unity that is comprised of several communes and municipalities that have geographical, traditional, economic and social ties and joint interests. The boundaries of each region should comply with the boundaries of communes and municipalities under its jurisdiction. The center of the region is located in one of the municipalities under its jurisdiction. The territory, name and center of each region shall be determined by law.

6. Subdivisions of the regions are the districts. The boundaries of the districts, their name and center of district shall be determined by law.

7. Chapter VIII of this Law determines the organization of subdivisions for communes, municipalities and regions.

Organs of Local Government Units

1. In each commune, municipality and region shall be established the representative and executive organs of local government.

2. The representative organ of the commune and municipally shall be the Communal Council and the Municipal Council, respectively. The executive organ of the commune and municipality shall be the Mayor of commune and municipality.

3. The representative organ of region shall be the Regional Council. The executive functions of the region shall be performed by the Chairman and Board of the Regional Council.

4. The representative and executive organs in communes and municipalities shall be elected through general, direct election and secret voting in the manner set forth in the Election Code of the Republic of Albania.

5. The representative organ of region is established with representatives of elected organs of communes and municipalities comprising the region as per the method provided for in the Constitution and Chapter IX of this Law.

6. The Chairman and Board of the Regional Council shall be elected by the members of its Regional Council, in the manner set forth in Chapter IX of this Law.