Concerning the land

CHAPTER III

2. Local government units shall exercise their competencies by issuing decrees, ordinances and orders.

Rights of Local Government Units

1. Local government units shall enjoy the following rights:

I. Right of governance

a) Take any necessary measures for carrying out their functions and exercise their competencies.

b) Based on the Constitution, laws and by-laws enacted on basis and application of the laws, to carry out their functions and to exercise competencies, they can issue directives, orders and ordinances, which are obligatory for all subjects within their jurisdiction.

c) Local governments shall establish administrative structures to carry out their functions and exercise their competencies, in compliance with the laws in force.

ç) They shall establish economic units and other institutions under their authority.

d) Each local government shall establish committees, boards, and commissions as it deems necessary for exercising specific functions.

dh) Each local government shall create any administrative-territorial sub-division within its jurisdiction to perform its governing functions more efficiently, in the manner set forth in this Law.

II. Right of Property

a) Local governments shall exercise property rights. They acquire, sell and give into use their movable or immovable property, as well as exercise other rights as set forth in the law.

b) The right of property acquisition of local government units through expropriation in the public interest shall be provided for by a separate Law.

c) The property rights are exercised by the respective council, which can not delegate the exercise of this right to anyone else.

III. Right to fiscal autonomy

a) Local government units shall collect revenues and make expenditures related to the fulfillment of their functions.

b) Local government units have the right to set taxes and fees and the level of the latter in compliance with the legislation in force and the interest of the community.

c) Local governments have the right to draft, adopt and execute their budget.

IV. The right of economic activity

a) For the purpose of fulfilling public functions in the interest of the community they represent local government units shall exercise economic activity, provided that this activity does not contradict the fundamental directions of economic policies of the State. b) The major part of revenues profiting from economic activities of local governments shall be used to support the fulfillment of public functions.

c) The economic activity of the local government units is regulated in compliance with legislation in force.

V. Right of collaboration

a) To carry out specific functions on behalf and in the benefit of respective communities, two or more units of local government may exercise jointly any competence given to them by law, through implementation of mutual agreements or contracts, delegation of specific competencies and responsibilities to one another, or contracting a third party.

b) Local governments shall collaborate with similar units of local government in other countries and shall be represented in international organizations of local governments, in compliance with legislation in force.

c) Local government units have the right to be organized in associations in conformity with respective legislation for associations.

VI. The right as a juridical person

Local governments are juridical persons and may exercise all the rights set forth in the Civil Code of the Republic of Albania and in the legislation in force:

a) The right to enter into contracts;

b) The right to establish other juridical persons;

c) The right to bring a civil accusation;

ç) The right to keep accounts;

d) Other rights to carry out functions, on the basis and application of laws and by-laws.

VII. Other rights

a) Local government units shall grant honorary titles and moral and material stimulus,

b) Each local government units shall determine the denominations of territories, objects and institutions under its jurisdiction in accordance with the criteria set forth by law.

2. Local government units shall have their own seal and symbols.

3. The above mentioned rights are exercised by the local government organs, as set forth in this Law.

CHAPTER IV

Types of Functions

Communes, municipalities and regions exercise “exclusive functions,” “joint [shared] functions” and “delegated functions.”

Exclusive Functions of Communes and Municipalities

1. The commune and municipality have full administrative, service, investment and regulatory competencies for their exclusive functions set forth in this Article. They exercise these functions in accordance with the schedule set forth in Chapter XI of this Law.

2. The Communes and municipalities exercise their functions in compliance with the regional and national policies. The central government may issue specific national standards and norms in relation to exclusive functions for the purpose of achieving national interests, provided that the national standards and norms does not limit local governments’ discretion in areas of local interest. In those cases where a local government does not have enough resources to meet the national standards and norms, the central government shall provide the necessary support to enable the local government to achieve the national standard.

3. The communes and municipalities shall exercise the following exclusive functions:

I. In the field of infrastructure and public services:

a) Water supply;

b) Management of sewage and drainage system and [flood] protection canals in the residential areas;

c) Construction, rehabilitation and maintenance of local roads, sidewalks and squares;

ç) Public lighting;

d) Public transport;

dh) Administration of cemeteries and funeral services;

e) City/village decoration;

ë) Administration of parks, greeneries and public spaces;

f) Waste management [collection, disposal, treatment];

g) Urban planning, land management and housing according to the manner set forth in the law.

II. Social, cultural and recreational services:

a) Preserving and promoting the local cultural and historic values, organization of activities and management of relevant institutions;

b) Organization of sports, recreational and amusement activities and management of relevant institutions;

c) Social services and administration of institutions such as day care, elderly homes, orphanages, etc.

III. Local economic development:

a) Formulation of local economic development programmes;

b) The setting [regulation] and functioning of public market places and trade network;

c) Small business development as well as the running of promotional activities, as fairs and advertisement in public places;

ç) Performance of services in support of the local economic development, as information, necessary structures and infrastructure;

d) Veterinary service;

dh) The protection and development of forests, pastures and natural resources of local character.

IV. Public order and security:

a) The protection of public order to prevent administrative violations and enforcement of the commune or municipality acts;

b) Civil security.
Article 11

Joint [shared] Functions

1. Communes and municipalities may undertake any of the following shared functions separately or jointly with central government, in compliance with the schedule set forth in chapter XI of this Law.

2. In cases when the central government requires a local government to perform any shared function or meet a national standard in the performance of a shared function the central government shall provide sufficient financial support.

3. Communes and municipalities shall execute the following shared functions:

a) Pre-school and pre-university education;

b) Primary health care and public health protection;

c) Social welfare and poverty alleviation and ensuring of the functioning of relevant institutions;

ç) Public order and civil security;

d) Environment protection;

dh) Other shared functions according to the manner provided by law.

4. Competencies of communes and municipalities for any functions set forth in this Article are regulated in any case by law. The relations between the local government units and central institutions for functions set forth in this Law are regulated by law or by-laws.
Article 12

Functions and delegated competencies

1. The delegated functions and competencies are mandatory and non-mandatory.

2. The mandatory functions and competencies are those determined by law.

3. The central government institutions, when allowed by law, may authorize the commune, municipality or region to perform certain functions under their [central government institution] jurisdiction determining the procedures of performance and control of execution of these functions.

4. The central government institution may authorize the commune, municipality and region to exercise one single competency for a certain function.

5. To the commune, municipality or region may be delegated functions and other non-mandatory competencies on the basis of an agreement between the respective unit of local government and central institution responsible by law for provision of that function or competence.

6. In any case, the central government guarantees necessary financial support to the local government units to exercise delegated functions and competencies.

7. Commune, municipality or region, at their own initiative, may commit their own financial resources to the exercise of delegated functions and competencies in order to achieve a higher level of service in the interest of the community.

Functions of the region

1. The own functions of the region are developing and implementing regional policies and harmonization of which with the national policies at the regional level, as well as any other exclusive function given by law.

2. The region shall exercise all functions delegated to it by one or more communes or municipalities within its territory, according to an agreement between the parties.

3. The region shall carry out and exercise competencies delegated to it by the central government, according to the principles stipulated in article 12 of this Law.

Inter-communal cooperation for execution of functions

1. Any unit of local government may exercise the right of inter-communal cooperation in accordance with article 8 of this Law and by any of the following means:

a) Agreement for executing jointly one or more functions;

b) Contracting another local government unit for exercising one or more functions, or

c) Contracting a third party by more than one local government for exercising of one or more functions.

2. Any agreement shall:

a) Describe the purpose and functions to be exercised;

b) Provide for the method by which the objective shall be achieved;

c) Describe the level and period of delegation of powers;

ç) Set forth the method and level of contribution and of sharing of revenues and other profits from the activity.

3. Two or more units of local government or units of local government and an organ of the central government may enter into a joint agreement to create a juridical person apart from the parties to whom they grant authority and specified competencies. Within the meaning of this law, this juridical person is named subject [authority] of joint competencies. For each party the respective contribution shall be defined in financial aid, services aid, equipment and qualified personnel aid, or any other assets necessary for achieving the objective.

4. After its establishment, the joint competencies subject, responsible for administration of the agreement, within thirty (30) days from the date of its establishment and the signing of the agreement shall officially notify the Prefect.

5. The official notice should contain:

a) The name of local government units partnering in the agreement;

b) The date on which the agreement become effective;

c) The purpose of the agreement and the function that shall be executed;

ç) The decisions of the councils of local government units included in the related agreement;

d) The contributions of the parties.

6. After the official notification of the Prefect, the agreement shall become effective and the subject of the joints competencies assumes executive powers.

CHAPTER V
FINANCE OF UNITS OF LOCAL GOVERNMENT
Article 15

Principles of financing of units of local government

1. National fiscal policy shall guarantee the functioning of local government units and shall base on the principle of diversity of sources of revenue.

2. The local government units are financed with the revenues generated from local taxes, fees and other income, funds transferred from the central government and funds directly derived from shared national taxes.

3. Units of local government shall be guaranteed by law sufficient authority to generate revenues independently.

4. The central government shall grant to local government units funds that are sufficient to meet all the standards and requirements it decides for the provision of delegated functions and competencies.

5. Each local government shall adopt, carry out and administer its own budget each year that does not include a deficit and in compliance with the Law No. 8379, dated 29.7.1998 “On the drafting and execution of the State Budget of the Republic of Albania.”

a. Local taxes and levies on the movable and immovable property, as well as on the transactions conducted on them.

b. Local taxes and levies on the economic activity of small businesses and on hotel service, restaurants, bars and other services;

c. Local taxes and levies on the personal income generated from donations; inheritances, testaments, and from local lotteries;

ç. Other taxes and levies given by law

2. The local taxes and levies base as well as the minimum and/or maximum range rate shall be decided by separate law. Commune and municipality have the right to apply or not a determined local tax or levy. In case they decide to apply the local tax or levy, they decide the tax rate, as well as the manner for collection and administration within the limits and criteria set forth in the respective law.

3. Commune and municipality generate revenues from local fees for:

a. Public services offered by them;

b. The right to use local public property;

c. The issuance of licenses, permits, authorizations and issuance of other documentation, at the discretion of local government.

4. Commune and municipality set the level of the local fees, determine the manner of collection of local tariffs and their administration in compliance with policies and general principles defined in the normative acts of central government.

5. Commune and municipality shall borrow funds for public purposes in a manner that is consistent with the conditions established by law.

6. Commune and municipality shall generate revenues from their economic activities, rents and sale of property and from donations, interest income, penalties, aids or donations.
Article 17

Revenues from national sources

1. Commune and municipality shall be financed from these national sources:

a. Shared taxes, consisting of a portion of certain central government taxes, such as the personal income tax and the company profit tax. The annual revenues generated from these taxes shall be distributed to communes and municipalities not less than three times a year. The part of the tax and levy which goes to their favor, as well as their collection and administration are determined by law for each shared tax or levy.

b. Unconditional transfers from the State Budget given in accordance with criteria determined by law, based on exclusive and joint functions and competencies of communes and municipalities, as well as for the purpose of achieving equalization of resources among different local government units in proportion with their ability to generate necessary revenues.

c. Conditional transfers from the central government.

2. The central government in cooperation with communes and municipalities, during the period of drafting the draft budget shall conduct analysis on abundance and stability of such resources for the purpose of achieving objectives determined in this Law.

2. Revenues from its own local sources include:

a. Unconditional transfers, including fees of membership from the budgets of communes and municipalities, defined in the charter and in the annual budget of the region, for the performance of own and joint functions;

b. Conditional transfers for the performance of the functions and competencies, delegated by constituent municipalities and communes;

c. Regional taxes and levies determined in conformity with the law;

ç. Fees for public services provided by the region as well as from other resources defined in Article 16 of this Law.

3. The criteria and norms for generation and administration of revenues from regional sources are similar to the criteria and norms described in this Law for communes and municipalities.

4. The revenues of region from share of national sources shall be generated and administered according to the manner stipulated in Article 17 of this Law.

Budget of Local Government Units

1. Budget of any unit of local government shall include all revenues and all expenditures occurred together with repayments of debt.

2. Conditional transfers, which are recorded in the local government unit budget, shall be used solely for the purpose for which the funds have been allocated, in the amount and according to the rules set by the central government.

3. Each local government unit shall have full authority [in deciding] for purposes and manners of using its own budget funds which are not conditional transfers. Part of these funds that have not been used during a fiscal year can be carried over to the next year.

4. The budget adoption and the close of past year budget shall be made according to the deadlines determined in the Law no. 8379, dated 29.7.1998 “On the drafting and execution of the Budget of the Republic of Albania”.

5. The local government unit budget is adopted by the respective council. The budget adoption and the annual close of accounts shall be made according to the deadlines determined in the Law no. 8379, dated 29.7.1998 “On the drafting and execution of the Budget of the Republic of Albania”.

6. The purpose of the local government budget is:

a. Effective use of the revenues to perform functions and exercise competencies;

b. Presentation of the exact financial situation of each unit of local government;

c. To provide necessary information that enables citizens to participate in decision-making regarding the functions and competencies exercised by the respective unit of local government.

7. Each local government budget shall include:

a. All revenues and expenditures slips with indicators as below:

i) Detailed revenues according to the classifications of Articles 16, 17 18 of this Law;

ii) Detailed expenditures in compliance with the functional and economic classification;

iii) The reserve fund which must not exceed 3% of total expenditures.

b. Forecast of revenues and expenditures for the following two fiscal years.

c. Forecast of expenditures for investments with the following information:

i) The purpose of the investment;

ii) The financing plan, including the means and sources of financing;

iii) The annual amount of loan repayment and an estimate of additional operating expenditures the investment will require.

8. The executive organ of the local government unit prepares the draft budget for the new fiscal year as well as the draft closing of accounts of the past year and submits them for adoption to the respective council following the deadlines set forth in the Law No. 8379, dated 29.7.1998 “On the Drafting and Execution of the Budget of the Republic of Albania”.

9. The amendments to independent budget concerning the transferring and the redistribution of funds and the manner how to use the reserve fund shall be made by the respective council, upon the proposal of its chairman, in compliance with the criteria set forth in the Law No. 8379, dated 29.7.1998 “On the Drafting and Execution of the Budget of the Republic of Albania” and relevant normative acts.

Archiving of Finance Records

1. Each unit of local government shall take measures for archiving, storing and administering their financial documents and is responsible for any damage or loss, in compliance with legislation on archives.

2. Each unit of local government shall approve an internal regulation for implementing the Law on archives.
Article 21

Internal Financial Control

1. Each council of unit of local government shall appoint a finance commission that shall act during the council mandate.

2. The finance commission controls the revenues and expenditures made by the executive organ, in compliance with the budget adopted by the council. The executive of the unit of local government shall report to the finance commission regularly during the year and shall provide all documentation requested by him. The executive organ and its administration can not be a member of the finance commission.

3. The finance commission shall control all accounting and financial documentation. The finance commission has the right to request an external audit of the accounts be carried out by certified accountants.

External financial control

1. Each unit of local government shall be subject to external control by the High State Control on the legality of use of financial resources.

2. Each unit of local government shall be subject to external finance control by the organs of central government, in the manner as stipulated by law.

CHAPTER VI
COMPOSITION, ESTABLISHMENT, ORGANIZATION, COMPETENCIES AND DUTIES OF COMMUNAL AND MUNICIPAL COUNCIL
Article 23

Manner of Election

Communal and municipal council is composed of councilors elected in accordance with procedures set forth in the Election Code of the Republic of Albania.

Number of members of communal and municipal council

1. The number of members of Commune and Municipality Councils shall be determined according to the population of the communes and municipalities, as follows:

“ “ 5 000-10 000 inhabitants 15 Councilors

“ “ 10 000-20 000 inhabitants 17 Councilors

“ “ 20 000-50 000 inhabitants 25 Councilors

“ “ 50 000-100 000 inhabitants 35 Councilors

“ “ 100 000-200 000 inhabitants 45 Councilors

2. In application of this article, the Prefect defines the number of the members of the council for each commune and municipality in its jurisdiction, based on the number of inhabitants according to the official statistics of the civil office as of January 1 of the year the [local] election takes place.

Incompatibility of Councilor Functions

1. Function of councilor is incompatible with:

b. Function of the council secretary;

c. Function of employee of the administration of respective commune and municipality;

ç. Function of a Member of Parliament.

2. An individual [person] can not be elected at the same time in more than one communal or municipal council.

3. Persons who are immediate relatives as spouse, parent and child, siblings or in-laws with one another can not be members of the same [commune or municipal] council.

First meeting of communal or municipal council

1. Commune and Municipality Council shall conduct its first meeting no later than twenty (20) days after the Central Election Commission has officially announced the local election results.

2. The first meeting of the Council shall be called by the communal or municipal Council Secretary. In the absence of a Council Secretary, the initiative for calling the first meeting shall be of the Prefect.

3. In case the above mentioned subjects fail to exercise this right within the time limit stipulated in section 1 of this Article, then the Council shall be convened by itself within ten (10) days.

4. The first meeting of the council is official only when more than half of all of the Councilors, which have been officially announced by the Local Government Election Commission, are in attendance. Where more than half of the Councilors are not in attendance, the meeting shall be canceled and another meeting shall be called three (3) days later, but not more than three consecutive times. In case, even after these three times, there has not been the required attendance, the Council shall be dissolved.

5. The eldest councilor shall preside at the first meeting of the Council until a Chairman of the Council shall be elected.

6. In the first meeting of the communal or municipal Council:

a. The Council shall elect the mandate commission;

b. The Council shall verify and approve mandates of Councilors;

c. Councilors shall take the oath;

ç. The Council shall elect the Chairman and deputy-chairman of the Council;

d. The Council shall elect the members that will represent the communal or municipal Council in the Regional Council and shall provide them with a mandate of representation.

7. The commune or municipal Council shall be constituted after more than half of its members have had their mandates verified.
Article 27

Councilor Mandate

1. The mandate is given [recognized] to the council member by the council decision.

2. The recognition or the cancellation of the mandate of Councilor is adopted by the majority of the votes of all the councilors.

3. The councilor does not vote on his mandate.

4. The Councilor’s mandate shall expire earlier, with the proposal of the mandate commission, in case of:

a. Change of residence;

b. Resignation from the council;

c. Conditions of incompatibility occur as defined in Article 25 of this Law;

ç. Mandate is obtained by him in an irregular manner;

d. Loss of juridical competence by a court decision;

dh. Death;

e. Absence from the council meetings for a period of six months;

ë. Condemned for a criminal act by a final decision of a court;

f. Dissolution of the council by the competent organ.

Oath

1. After verification of their mandate by the respective commission councilors shall take the oath before the council with the below formulation:

“I pledge on behalf of the voters that I represent to protect the Constitution of the Republic of Albania and its laws. I pledge in all my activity that I will be guided by the interests of citizens of (name of respective commune or municipality}, and I will work honestly and with devotion for the development and the improvement of their welfare.”

2. The councilor who refuses to take and sign the oath is considered to have given his resignation and his mandate is not given to him.

Rights of the Councilor

1. A Councilor shall not be held liable in any penal or civil proceedings for any opinion expressed in relation to official matters during the exercise of his duties.

2. A Councilor shall be paid for his work. The compensation of Councilors shall be decided by the respective based on the criteria provided for by the legislation in force.

3. Upon his request, the Councilor is informed or is given for his use at any time, from the administration of the respective commune or municipality, any kind of documents for acquaintance of problems of its jurisdiction.

4. The Councilor has the right to professional training, according to the program adopted by the Council. In such cases, financing shall be granted in compliance with rules of the legislation in force.
Article 30

Conflict of interest

1. The Councilor does not take part in discussion and voting of the a Council Act where the case being considered is of personal interest to him, his spouse, parents, children, brothers, sisters, in-laws.

2. In any case of conflict of interests, the disqualifying provisions set forth in the Code of Administrative Procedures of the Republic of Albania shall be applied.
Article 31

Functioning of communal or municipal Council

1. The communal and municipal Council shall exercise its functions upon being constituted in accordance with Article 26 of this Law until a successor Council is constituted.

2. The regular [ordinary] meetings of the communal or municipal Council shall be held as decided by the Council itself, but not less than one per month.

3. The Council meets in extraordinary meeting in the following cases:

a. Requested by the Mayor of the commune or municipality;

b. By the request of one-third (1/3) of its members;

c. With the motivated request of Prefect concerning issues related to the functions of the Prefect.

4. The call for the meeting shall be done by the Chairman of the Council, and the meeting notice shall be made, as a rule, not less then five (5) days before the meeting. The notice shall contain the date, time, place and agenda of the meeting.

5. The agenda of each meeting shall be approved by the Council.

6. In the period from the date of elections up to the constitution of the new Council, the previous communal or municipal Council shall exercise only limited functions and shall take decisions only in case of emergencies.

7. The meeting of the communal or municipal Council is official when a majority of the Council members constitutes a quorum, except for cases, when another majority of voting is required, as to the determinations set in article 33 of this Law.

8. Where a Council is unable to convene due to a lack of a quorum for a period of three consecutive months, staring from the last meeting date, the Council is dissolved. After the dissolution, new elections must take place for the respective Council and the Secretary of the Council within ten (10) days from termination of the three months period notifies the Prefect.

9. Meetings of the Council shall be recorded in the Minutes of the meeting. The manner of recording the Minutes and certification shall be determined in the internal regulation of functioning of the Council.
Article 32

Duties and competencies of commune or municipality Councils

The communal or municipal council has the following duties and competencies:

a) Adopts the statute [charter] of Commune and Municipality and the internal regulations of its own functioning.

b) Elects and dismisses the Chairman and deputy Chairman of the Council.

c) Appoints and dismisses the Secretary of the communal and municipal Council.

ç) Adopts organizational and administration structure of commune and municipality and of budgetary units and institutions under the authority of the commune and municipality, as well as the number of their personnel, the criteria for qualifications, salaries and manners of compensation of the personnel or of the elected or appointed persons, in compliance with the legislation in force.

d) Approves the incorporation acts of the enterprises, companies and other juridical persons it establishes or is a co-founder.

dh) Approves the budget and amendments to it.

e) Approve the transfer of the ownership or giving in use [usufructs] to third parties of its property.

ë) Organizes and supervises the internal control of commune or municipality.

f) Decides rates of all local taxes and tariffs [fees].

g) Decides get credits and liquidate obligations to third parties.

gj) Approves the establishment of joint institutions with other local government units, including the Joint Competencies Subject, or with third parties.

h) Approves the commencement of any legal proceedings on matters under its own competence.

i) Elects the representatives of communal or municipal Council in Regional Council

j) Decides the approval or withdrawal of the mandate of a councilor.

k) Approves norms, standards and criteria for the regulation and the enforcement of the functions granted to the Council by Law, as well as protects and guarantees the public interest.

l) Decides emblem of commune or municipality.

ll) Approves the names of streets, squares, territories, institutions and objects under the jurisdiction of the commune or municipality.

m) Grants honorary titles and bonuses.

n) Decides regulations, procedures and manners of execution of delegated functions, on basis and application of the Law through which the delegation to commune and municipality is granted.

Article 33

Voting

1. Voting in the Council can be either open or secret. The Council decides when the voting will be by secret ballot. All voting for acts of an individual character shall be by secret ballot.

2. The adoption of a Council decision shall require the vote of the majority of all Council members in attendance.

3. The adoption of decisions requires the vote of the majority of all the Council members for cases described in article 32 paragraphs “b”, “c”, “d”, “dh”, ”g”, “gj”, ”ï”, and “j” of this Law.

4. Adoption of decisions requires three-fifths (3/5) of the total number of the Council members for cases described in article 32 paragraphs “”e” and “f” of this Law.

5. Where voting for chair, deputy chair and secretary of Council has not resulted in the required majority, the vote shall be taken again for the two candidates who received the most votes in the first round.

6. The acts of the Council are announced within ten (10) days from the date of their approval and shall be effective ten (10) days from the date of their announcement. Acts pertaining to an individual shall be effective from the date the person involved is notified.
Article 34

Open meetings

1. Meetings of Council shall be open to the public. Every citizen has the right to attend Council meetings according to the manner set forth in the Council regulation.

2. The announcement of the Council meeting shall be made public in the places assigned by the Council and in the media. The announcement contains the date, place, time, and agenda of the meeting.

3. The Council, by a majority vote of all the Councilors, shall decide for cases when the meeting will be closed to the public.

Public hearings and the Right of the public to be informed

1. The Council, in advance of discussing and approving its acts, holds public hearings [panels]. The public hearings are obligatory in cases determined in Article 32, paragraphs “dh”, “e” ,”f” and “k” of this Law.

2. The public hearings shall be organized according to the manner determined in the regulations of the Council by using one of the necessary methods such as open meetings with inhabitants, meetings with specialists [experts], interested institutions and NGOs or by means of taking the initiative to organize local referendums.

3. The Council Acts shall be displayed [posted] in public places within the territory of the commune or municipality and where available, the Council also shall set other forms to publicize its decisions. The information to the public shall be made in compliance with the law No. 8503, dated 30.06.1999 “On the right of public to be informed about official documents”, and by additional rules determined by the respective Council for this purpose.

Chair of communal and municipal Council

1. The chair and deputy chair of the communal or municipal councils are elected among the Councilors. The proposal for discharging them [from this function] shall be initiated by at least one-third (1/3) of the number of the Council members.

2. The chairman of the Council shall perform the following duties:

a) Calls the Council meetings in compliance with Article 31 of this Law;

b) Presides the Council meetings according to the statute of the Council;

c) Sign all Acts enacted by the Council;

ç) Perform other duties provided for in the state of the Council.

3. Where the Council chair is absent, the deputy chair shall assume the duties of the chair.

Secretary of Communal and Municipal Council

1. The secretary shall be nominated and discharged by the communal and municipal Council upon the proposal of the Council chairman, with the majority vote of all the Councilors. The discharge of the secretary may be proposed by one-third (1/3) of the Council members can propose

2. A secretary of the communal or municipality council is responsible for:

a) Keeping of the official documents of the Council;

b) Follow up for preparation of the meetings paperwork according to the agenda;

c) Delivering the notifications for the Council meetings;

ç) Announcement and publication of notices and acts enacted by the communal or municipal Council;

d) Preparation of the public hearings with the community;

dh) Supervision of the regulation of the functioning of the Council.

3. The Secretary of the communal or municipal Council shall perform any other function assigned to him by the Council.

Early dissolution of the communal or municipal council

1. The Municipal or Communal Council shall be dissolved prior to the termination of the regular mandate by the decision of the Council of Ministers in the following cases:

a) It does not convene for an uninterrupted period of three months;

b) It is not able to decide for the approval of the budget within three months from the date determined in Article 19 of this Law;

c) It commits serious violations of the Constitution or other laws.

2. The Communal or Municipal Council is also dissolved after reorganization with change of boundaries, according to Article 70 of this Law.

3. In case when the decision of dissolution [of the Council] shall remain effective by the competent organ, new Council elections are held in the respective commune or municipality, in compliance with the Election Code of the Republic of Albania.

CHAPTER VII
MAJOR OF COMMUNE AND MUNICPALITY
Article 39

Major of commune or municipality

1. Each commune or municipality shall have its own Mayor elected for a three-year term, through general, direct and secret voting, according to the manner provided for in the Election Code of the Republic of Albania.

2. Mayor of commune and municipality shall be supported by one or more Deputy Mayors during execution of his duties. The communal and municipal council shall determine the number of Deputy Mayors. Mayors of commune and municipality shall appoint or discharge the Deputy Mayor.
Article 40

Mandate of Mayor of Commune or Municipality

1. The mandate of Mayor of commune and municipality shall be verified by the court, which has jurisdiction over the municipality and commune where the Mayor was elected not later than twenty (20) days after the official elections results have been announced.

2. Invalidity of the Mayor’s mandate shall be declared in case the conditions of Article 45 of the Constitution and Article 10 of Election Code of the Republic of Albania are not met.

3. The notification of the validity of Mayor’s mandate shall be made in the very first meeting of the respective communal or municipal Council in which the Mayor shall take and sign the oath defined in Article 28 of this Law.

4. The term of a Mayor of a commune or municipality shall begin from the date he takes and signs the oath and shall finish when newly elected Mayor shall take and sign the oath.

5. In case the municipal or communal Council is not convened within thirty (30) days from the date of announcement of election results by the Central Election Commission, the Prefect organizes the oath ceremony for the municipality or commune Mayor in the premises of the municipality of commune and in the presence of residents [inhabitants] of the respective unit.

Early termination of the mandate of mayor of commune and municipality

1. The mandate of a Mayor shall expire before the regular time limit in case of:

a) Refusal to take the oath;

b) Resignation;

c) No longer resident of the commune or municipality where he is elected;

ç) Discharged from competent organ, as specified in Article 42 of this Law;

d) Runs or is elected as a Member of Parliament;

dh) Loss of juridical capacity to act, upon a final court decision;

e) Death.

2. Where a Mayor resigns he shall inform the communal and municipal Council and file this notification. The Secretary of the Council shall inform the Prefect of the Mayor’s resignation in order to follow necessary procedures.

3. Where the Mayor’s term expires earlier [anticipated loss of mandate], the communal or municipal Council shall inform the Council of Ministers through the Prefect

4. Where a Mayor’s term expires earlier, new elections shall be organized for the Mayor of the commune or municipality, in compliance with the provisions of the Election Code of the Republic of Albania.

5. If a Mayor’s mandate expires earlier according to this Article, the duties of the Mayor shall be exercised by the Deputy Mayor until the election of the new Mayor. When there are more than one Deputy Mayors the Council shall elect one of them to be the acting Mayor until the election of the new Mayor.

6. If the place of the commune or municipality Mayor remains vacant during the last 6 months of his regular mandate, the municipal Council shall elect one of its members by majority voting, to exercise the functions of the Mayor until the end of regular mandate.

Dismissal of the mayor of commune and municipality

1. The mayor shall be discharged by decision of the Council of Ministers in cases when:

a) Acts in serious violation of the Constitution or other laws;

b) Conviction by a final decision of a court for a criminal offense;

c) Proposed to be dismissed by the communal or municipal council due to his absence from duty for a period of three consecutive months.
Article 43

Symbol of the mayor of commune and municipality

1. The distinctive symbol of the mayor of commune and municipality is a band with the colors of the national flag, 111 mm wide, divided in three sections with equal width of red-black-red color.

2. The mayor shall wear the distinctive symbol from the right shoulder.

3. The Mayor shall wear the symbol during solemn meetings, official receptions, public ceremonies and marriage ceremonies.

Competencies and duties of the Mayor of commune or municipality

Mayor of commune or municipality:

a) Exercises all competencies for the carrying out of the functions of the commune or municipality with the exception of those competencies that are exclusive to the respective Council;

b) Executes the Acts of the Council;

c) Takes measures for the preparation of materials for the meetings of the communal or municipal Council, in compliance with the agenda of the meeting and also for topics that he is interested to discuss with the Council;

ç) Reports to the Council on the financial economic situation and on the service levels achieved every six months and as many times as required by the Council;

d). Reports to the Council, as required by the latter, on issues that are related to the functions of the commune or municipality;

dh) Is member of the Regional Council;

e) Appoints and dismisses from duty the Deputy Mayor(s) of the commune or municipality;

ë) Appoints and dismisses the managers of the enterprises and institutions under municipality or communal jurisdiction;

f) Appoints and dismisses other non-managerial employees of the structures and units under the jurisdiction of the commune or municipality except as otherwise stipulated in the Law No 8549, dated 11.11.1999 on the “Status of Civil Servant”;

g) Exercises all the rights and guarantees the fulfillment of all obligations of the local government due to its status as a juridical person;

gj) Takes measures for qualification and training of personnel of [its] administration, personnel of education, social, cultural and sportive institutions;

h) Sends back to the council for reconsideration decisions that he deems harmful to the interests of the community.

Creation of sub-division of commune

1. Village is headed by village board and head of village. The board is the advisory organ of the head of village. The members of the village board are elected in meetings of the village in which no less than one-half (1/2) of residents with the right to vote. Where village is composed of quarters, each quarter shall elect a member to the board. The voting manners and rules shall be determined by the respective communal Council.

2. Number of members of the village board shall be determined by communal and municipal Council (when there is a village under the jurisdiction of the municipality) based on the number of inhabitants of the villages and its constituent quarters.

3. Head of village shall be elected from members of the board with secret voting with no less than two (2) candidates.

4. The election of the board and head of village shall be carried out once in three years after communal election and not later than six (6) months after this election.

5. In cases of any vacant place of head of village or a member of the board, the above procedures shall be followed again for the filling of the vacant place. In this case the mandate of the newly elected member shall continue until the end of remaining period of three (3) years.

6. The election process and the activity of the board and head of village shall be supervised by the communal and municipal Council.
Article 46

The Rights and Duties of Board and Head of a Village

1. Head of village and Board shall exercise and support the governing functions of the commune or municipality in their village as well shall take care of economic development, use of mutual resources and shall ensure social harmony.

2. More detailed duties shall be defined in regulations and ordinances of the communal or municipal Council.

3. Head of village shall have the communal seal and shall have the authority to issue certificates or verifications about facts and data for residents or territory of village, of which he is aware and whenever it is required by the commune or municipality, by the residents themselves or by any other institution in compliance with the law.

4. Ordinances, decisions and orders elected organs of the commune or municipality shall be obligatory for execution for head of village and board.

5. The head of village shall be compensated for his work according to the criteria determined by the communal and municipal Council.

6. Head of village shall be called in or participate on his own initiative in the meetings of communal or municipal Council without the right of vote. Head of village shall have the right to express his opinion in Council meeting for issues that are related to his village.
Article 47

Functioning of sub-divisions of municipality

1. In municipal quarters shall function the administrative organs. The municipal Council shall determine the structure and number of employees of quarters. Administrator is in the head of the quarter executive organs and is a civil servant directly under the authority of the Mayor. The training of other administrative personnel of the quarter is subject to Law No. 8549, dated 11.11.1999 on the Status of Civil Servant.

2. Administration of a quarter shall exercise all administrative duties assigned by the Mayor and the Council, as well as shall take care of economic development, use of mutual resources and shall ensure social harmony in the respective quarter. More detailed duties of the quarter administrations shall be defined in regulations and rules issued by the Mayor and municipal Council.
Article 48
The Administrative Structure of the District
In the district shall function units of state administrative structures determined by relevant central government institutions, as well as units of administrative structures of the region as per the definitions set forth by the region.