LAW ON LOCAL SELF-GOVERNMENT ("Official Gazette of the Republic of Serbia", no. 129/2007) I MAIN PROVISIONS Article 1 This law governs the units of local self-government, the criteria for their founding, the powers, bodies, oversight oftheir enactments and activities, the protection of local self- government and other issues of importance for realizing the rights and duties of units of local self-government. Article 2 Local self-government is the right of citizens to govern public affairs of direct, common and general interest for the local population, directly via the elected representatives in the units of local self-government, as well as the right and capacity ofthe local self-government bodies to organize and manage public affairs in their competence and of interest for the local population, in keeping with the limits set by law. Article 3 Local self-government is achieved in the Municipality, the ci ty and the City of Belgrade (hereinafter: unit of local self- government). Foreign citizens can have certain rights in achieving local self- government under the conditions and in the manner set by law. Citizens with the right to vote and residence on the territory ofthe unit of l ocal self-government, manage the affairs of local
("Official Gazette of the Republic of Serbia", no. 129/2007)
I MAIN PROVISIONS
Article 1
This law governs the units of local self-government, thecriteria for their founding, the powers, bodies, oversight of their enactments and activities, the protection of local self-government and other issues of importance for realizing therights and duties of units of local self-government.
Article 2
Local self-government is the right of citizens to govern publicaffairs of direct, common and general interest for the localpopulation, directly via the elected representatives in the unitsof local self-government, as well as the right and capacity of the local self-government bodies to organize and manage
public affairs in their competence and of interest for the localpopulation, in keeping with the limits set by law.
Article 3
Local self-government is achieved in the Municipality, the cityand the City of Belgrade (hereinafter: unit of local self-government).
Foreign citizens can have certain rights in achieving local self-government under the conditions and in the manner set bylaw.
Citizens with the right to vote and residence on the territory of the unit of local self-government, manage the affairs of local
self-government, in keeping with the Constitution, the law andthe Statute of unit of local self-government.
Article 4
The Republic of Serbia can, by law, entrust the units of localself-government certain matters from its competence.
The autonomous province can entrust by a Decision to unitsof local self-government certain matters from its competence.
The assets for carrying out entrusted competences shall beprovided for by the Republic of Serbia or the autonomous
province, depending on which entity has entrusted thecompetence.
Article 5
In performing its duties, the unit of local self-government isenacting regulations independently, in keeping with its rightsand obligations provided for by the law, other regulations andthe Statute.
The rights and obligations of the unit of local self-governmentin performing entrusted competences and powers of theRepublic of Serbia and autonomous provinces in the oversightof performing entrusted competences are provided for by thelaw.
Article 6
The unit of local self-government shall carry out the entrustedcompetences in a quality and efficient manner.
In carrying out its competences, the unit of local self-government can be limited only in cases and under theconditions set by law, in keeping with the Constitution.
For the purpose of realizing its rights and providing for theneeds of the local population, the unit of local self-government
can set up companies, institutions and other organizationcarrying out public services, in keeping with the law and theStatute.
The unit of local self-government can by a contract, in keepingwith the principles of competition and transparency, entrust alegal or natural person the performance of the tasks fromparagraph 1 of this Article.
Article 8
For the purpose of providing for general, common and dailyneeds of the population in a certain area, units of local self-government can set up local communities or other forms localself-government, in keeping with the law and the Statute.
Article 9
The relations of government bodies and territorial autonomybodies with the bodies of local self-government units arebased on the rights and obligations set by the Constitutionand the law.
Article 10
The local self-government enjoys legal protection in keepingwith the Constitution and the law.
Article 11
The highest legal enactment of units of local self-governmentis the Statute.
The Statute particularly governs: the rights and duties of unitsof local self-government and the manner of their realization,the number of deputies of the assembly of the local self-government unit, the organization and activities of bodies and
departments, the manner of management by the citizens of tasks from the competence of units of local self-government,the setting up and activities of the local community and other forms of local self-government, the conditions for launching acitizens’ initiative and other matters of importance of the localself-government unit.
Article 12
The unit of local self-government is a legal person.
Article 13
Units of local self-government cooperate and join each other for the purpose of realizing common goals, plans andprograms of development, as well as other needs of commonimportance and for the purpose of realizing the aforesaid
matters, they can join resources and set up common bodies,companies, institutions and other organizations anddepartments, in keeping with the law and the Statute.
Units of local self-government can cooperate with local self-government units of other states, in the framework of theforeign policy of the Republic of Serbia, respecting theterritorial unity and the legal system of the Republic of Serbia,in keeping with the Constitution and the law.
The decision on establishing cooperation and entering into acooperation agreement respectively with a foreign unit of localself-government is enacted by the assembly of the local self-government unit, with the approval of the Government.
Units of local self-government can set up their association, inkeeping with the Constitution and the law.
Bodies of local self-government units can cooperate with non-
governmental organizations, humanitarian and other organizations, in the interest of the local self-government unitsand the local population.
Article 14
The unit of local self-government can have its symbols andholiday, in keeping with the law and the Statute.
Article 15
The funding of local self-government, as well as theconditions and the procedure under which units of local self-government can take loans are provided for by the law.
The unit of local self-government has its assets.
The assets of the local self-government unit are managed
independently by the bodies of the local self-government unit,in keeping with the law.
II UNITS OF LOCAL SELF-GOVERNMENT
1. The founding and the territory of units of local self- government
Article 16
The territory and the Seat of units of local self-government areprovided for by the law.
Prior to the founding, abolishing or change of the territory of units of local self-government, a consultative referendum on
the territory of the concerned unit of local self-government willbe held.
Article 17
The territory of the unit of local self-government consists of the area of one or more agglomerations and cadastremunicipalities respectively, which are included in the unit of local self-government.
The territory for which a unit of local self-government isfounded represents a natural, geographic and economicallyconnected entity with a developed communication between
agglomerations, with the Seat as their gravity center.
2. Legal status of units of local self-government
2.1. The Municipality
Article 18
The Municipality is the basic territorial unit in which local self-government is realized and which is capable, independentlyand through its bodies, of carrying out all rights andobligations from its competence and which has no less than10.000 inhabitants.
Municipalities that were founded prior to the cessation of thevalidity of the Law on the Territorial Organization of the
Republic of Serbia ("Official Gazette of the Republic of Serbia", no. 47/91, 79/92, 82/92 - corrected, 47/94 and 49/99
– state law), can have less than 10.000 inhabitants.
As an exception, in case of special economic, geographical or historical reasons, a new Municipality with less than 10.000inhabitants can be founded.
Article 19
The Municipality shall provide more closely for the manner,conditions and forms of carrying out the rights and obligationsfrom its competence.
2.1.1. The competence of the Municipality
Article 20
The Municipality, through its bodies, in keeping with theConstitution and the law:
1) Enacts development programs;
2) Enacts Urbanistic plans;
3) Enacts the budget and the financial statement;
4) Sets out the rates of source revenues of the Municipality,as well as the manner and the criteria of setting out theamount of local duties and fees;
5) regulates and provides for the carrying out and thedevelopment of public utilities (treatment and distribution of
water, treatment and draining of rain and waste water,production and supply of steam and hot water, municipal andsuburban transportation of passengers in land transportation,maintenance of cleanliness in towns and agglomerations,waste depots management, organizing, maintenance and useof open markets, parks, green, recreational and other public
areas, public parkings, public lighting, management andmaintenance of cemeteries and burial, etc.), as well asorganizational, material and other tasks for their performance;
6) Looks after the maintenance of apartment buildings and thesafety of their use and sets out the amount of the fee for maintenance of apartment buildings;
7) Implements the procedure for the eviction of unlawfullysettled persons in apartments and common premises inapartment buildings;
8) enacts programs of organizing construction land, governs
and provides for the organization and use of construction landand sets out the amount of the fee for organizing and use of building land;
9) Enacts programs and implements projects of localeconomic development and takes care of improvement of thegeneral framework for business in the unit of local self-government;
10) arranges and provides for the use of business space, themanagement thereof, sets out the amount of the fee for usingbusiness space and performs oversight of the use of businessspace;
11) takes care of the environment, enacts programs of usingand protecting natural wealth and environmental programs,local action plans and sanation plans, in keeping with
strategic documents and their interests and specific featuresand set out a special fee for the protection and theimprovement of the environment;
12) arranges and provides for the performance of tasksrelated to the building, rehabilitation and reconstruction,
maintenance and protection, use, development andmanagement of local and uncategorized roads, as well asstreets in the agglomeration;
13) Arranges and provides for the special conditions andorganization of taxi transportation of passengers;
14) arranges and provides for the organization of transportation in liner shipping on the territory of theMunicipality and sets out the parts of the banks and water space on which hydro-construction facilities can be built andnavigable vessels placed;
15) Sets up commodity reserves and sets out their volume,structure, with the consent of the competent ministry, aimingat meeting the needs of the local population;
16) sets up institutions and organizations in the area of primary education, culture, primary healthcare, physicalculture, sports, children protection and tourism, monitors andprovides for their functioning;
17) sets up institutions in the area of social protection andmonitors and provides for their functioning, grants licenses for the start of the work of social protection institutions foundedby other legal and natural persons, determines thecompliance with the conditions for providing social protectionservices, sets out the norms and standards for the carryingout of activities of the institutions of which it is the founder,enacts regulations of social protection, sets out the norms and
standards for the carrying out of activities of the institutions of which it is the founder, enacts regulations about socialprotection related rights and carries out the duties of statecaretaker.
18) organizes the performance of activities related to theprotection of cultural monuments of importance for theMunicipality, encourages the development of cultural andartistic creation, provides for the assets for financing and co-
financing of cultural programs and projects of importance for the Municipality and creates the conditions for the work of museums and libraries and other cultural institutions of whichit is the founder;
19) Organizes the protection from natural disasters and other major calamities, as well fire protection and creates conditionsfor their removal and alleviation of their consequences;
20) enacts the basics of protection, use and organization of agricultural land and provides for their implementation, setsout erosive areas, provides for pasture management anddecides about the reallocation of pastures to another crop;
21) Provides for and sets out the use and management of sources, public wells and drink fountains, provides for water management conditions, issues water management approvals
and licenses for facilities of local importance;
22) Looks after and provides for the conditions for preserving,use and improving areas with natural healing qualities;
23) Encourages and looks after the development of tourismon its territory and sets out the amount of the residence fee;
24) Looks after the development and improvement of
caretaking services, handicrafts and trade, sets out theworking hours of places where certain activities can be carriedout and other conditions for their work;
25) Manages the assets of the Municipality and uses theassets in state property and takes care about their preservation and increment;
26) Provides for and organizes the carrying out of activitiesrelated to keeping and protection of domestic and exoticanimals;
27) Organizes legal protection of its rights and interests;
28) Sets up bodies, organizations and departments for theneeds of the Municipality and provides for their organizationand activities;
29) helps the development of different forms of self-assistance and solidarity with persons with special needs, aswell as persons which are essentially unequal to other citizensand encourages activities and provides assistance to disabledpersons organizations and other social and humanitarianorganization on their territory;
30) Encourages and assists the development of cooperatives;
31) Organizes the department for legal assistance to citizens;
32) Looks after the realization, protection and improvement of human rights and individual and collective rights of nationalminorities and ethnic groups;
33) Sets out the languages of national minorities in official useon the territory of the Municipality;
34) looks after public informing of local importance andprovides for the conditions for public informing on Serbianlanguage and the language of national minorities used on theterritory of the Municipality, sets up TV and radio stations for the purpose of reporting on the language of national minorities
officially used in the Municipality, as well as for reporting onthe language of national minorities that is not in official use,when such reporting constitutes the achieved level of minorityrights;
35) Determines the infractions of breaching municipalregulations;
36) Sets up inspection departments and performs inspectionoversight of the compliance with regulations and other generalenactments from the competence of the Municipality;
37) Provides for the organization and work of reconciliation
councils;
38) Organizes and provides for the use of the name, coat of arms and other symbols of the Municipality;
39) Carries out other tasks of direct importance for the interestof the citizens, in keeping with the Constitution, law andStatute.
2.1.2. Entrusting public competences
Article 21
Certain public administration tasks can be entrusted by law toall or certain municipalities, in the interest of a more efficientand streamlined realization of the rights and obligations of
citizens and fulfilling their needs of direct interest for life andwork.
The resources for the performance of entrusted tasks areprovided for in the budget of the Republic of Serbia, accordingto the type and volume of the concerned tasks.
Article 22
The Municipality carries out as entrusted tasks certaininspection oversight tasks from the area of education,healthcare, environment protection, mining, trade of goodsand services, agriculture, water management and forestry, aswell as other inspection duties in keeping with the law.
2.2. The City
Article 23
The City is a unit of local self-government provided for by thelaw, which represents an economic, administrative,geographical and cultural center of a wider area and has morethan 100.000 inhabitants.
As an exception, in case of special economic, geographicaland historical reasons, the aforesaid territorial unit with lessthan 100.000 inhabitants can be declared a City.
The territory for which the City is declared represents anatural geographical entity and an economically connectedarea with developed communication between agglomerationsand the seat of the city as a gravity center.
The provisions of this law pertaining to the Municipality shallalso apply to the City, if not provided for otherwise by thisLaw.
The City carries out the competences of the Municipality, aswell as other competences and tasks of the publicadministration entrusted to it by law.
The City, in keeping with the law, sets up the Public UtilityPolice, provides for and organizes the performance of thetasks of the Public Utility Police.
Article 25
The Statute of the City can provide for the setting up, on theterritory of the City, of two or more city municipalities. TheStatute of the City governs the tasks from the competence of
the City carried out by the city municipalities.
2.3. The City of Belgrade
Article 26
The position of the City of Belgrade is governed by a special
law.
3. Bodies of the unit of local self-government
3.1. The Municipality
Article 27
The bodies of the Municipality are: the Assembly of theMunicipality, the Speaker of the Municipality, the MunicipalCouncil and the Municipal Administration.
The Assembly of the Municipality is the highest body of theMunicipality carrying out functions of local government set out
by the Constitution, law and the Statute.
The Assembly consists of deputies elected by the citizens ondirect elections and by secret vote, in keeping with the lawand the Statute of the Municipality.
The Assembly of the Municipality is considered constitutedwhen the Speaker of the Assembly is elected and theSecretary of the Assembly is appointed.
Article 29
The number of deputies in the Assembly of the Municipality isset out in the Statute of the Municipality, but it shall be no lessthan 19 or more than 75.
Article 30
The deputy can not be an employee of the Municipal Administration or a person appointed by the Assembly of theMunicipality.
If the employee of the Municipal administration is elected for deputy, his work-related rights and obligations shall besuspended in the duration of his deputy mandate.
On the day of the ratification of the deputy mandate of
persons appointed and/or designated by the assembly of unitsof local self-government, the function to which such personshave been appointed and/or designated.
Regulations governing the prevention of the conflict of interestin carrying out public functions are not excluding the
application of the provisions of this Law about the tasks setout as inconsistent with the function of deputy of the
Assembly of the Municipality.
Article 31
Deputies are elected for a period of four years.
The deputy is entitled to protection of his/her mandate,including court protection, which is realized with theapplication of the law governing the protection of electionrights in the election process.
Article 32
The Assembly of the Municipality, in keeping with the law:
1) enacts the Statute of the Municipality and the Rules of Procedure of the Municipality;
2) Enacts the budget and the financial statement of theMunicipality;
3) Sets out the rates of source revenues of the Municipality,as well as the manner and the criteria for setting out theamount of local duties and fees;
4) Enacts the program of development of the Municipality andcertain activities;
5) Enacts the Urbanistic plan of the Municipality and regulates
the use of construction land;
6) Enacts regulations and other general enactments;
7) Calls for the municipal referendum on part of the territory of the Municipality, pronounces itself about the proposals
included in the Civil Initiative and sets out the draft decisionabout self-contribution;
8) Sets up departments, public companies, institutions and
organizations provided for by the Statute of the Municipalityand performs oversight of their work;
9) appoints and dismisses the Steering and OversightCommittee, appoints and dismisses the directors of publiccompanies, institutions, organizations and departments of which it is the founder and provides its approval of their statutes, in keeping with the law;
10) Appoints and dismisses the Speaker of the Assembly andthe Deputy-Speaker of the Assembly;
11) Appoints and dismisses the Secretary of the Assembly;
12) Elects and dismisses the Speaker of the Assembly and, atthe proposal of the Speaker of the Assembly, elects theDeputy Speaker of the Municipality and the members of theMunicipal Council;
13) Provides for municipal fees and other local incomebelonging to the Municipality by law;
14) Sets out the fee for organizing and using constructionland;
15) Enacts an Enactment on Public Sector Borrowing by theMunicipality, in keeping with the law, governing the publicdebt;
16) Provides for the working hours of catering, trade andhandicraft stores;
17) Provides opinion about the Republic, provincial andregional space plan;
18) Provides opinion about laws governing issues of interest
for local self-government;
19) Grants approval for the use of the name, coat of arms andother symbols of the Municipality;
20) Carries out other duties set out by the law and Statute.
Article 33
The Assembly of the Municipality shall enact decisions if thesession is attended by the majority of the total number of deputies.
Decisions are enacted by the majority of the votes of theattending deputies, unless provided for otherwise by law or the Statute.
The enactment of the Statute, the budget and Urbanistic plans
shall be decided upon by the majority of the votes of the totalnumber of deputies.
Article 34
The session of the Assembly of the Municipality is convokedby the Speaker when needed and no less than once everythree months.
The Speaker of the Assembly is obliged to convoke thesession at the request of the Speaker of the Municipality, theMunicipal Council or one third of the deputies, within sevendays from the day of the submission of the request, so as for the day of the session to be no later than within 15 days fromthe day of the submission of the request.
If the Speaker of the Assembly fails to convoke a session inthe term referred to in paragraph 2 of this Article, the sessioncan be convoked by the requester of the request and it will bechaired by the deputy appointed by the requester of the
request.
The Speaker of the Assembly can postpone the sessionhe/she has convoked in case of lack of the necessary quorumand in other cases the postponement of the session shall bedecided upon by the Assembly.
Article 35
The sessions of the Assembly are open to the public.
The Assembly of the Municipality can decide its session not tobe open to the public for reasons of security or other reasonsprovided for by the law.
Article 36
The Assembly of the Municipality sets up standing or
temporary working bodies for considering issues from thecompetence of the Assembly of the Municipality.
Working bodies provide their opinion of draft regulations anddecisions enacted by the Assembly of the Municipality andcarry out other tasks set out by the Statute of the Municipality.
The number of working bodies, the election, rights and dutiesof the Chairman and members of the working bodies are setout by the Statute of the Municipality.
The deputy can not be held criminally accountable, detainedor punished for his opinion or voting on the session of the
Assembly or working bodies.
Article 38
The Assembly of the Municipality has its Speaker.
The Speaker of the Assembly organizes the work of the Assembly of the Municipality, convokes and chairs itssessions and carries out other duties set out by law and the
Statute of the Municipality.
The Speaker of the Assembly is elected at the proposal of atleast one third of the deputies, from the ranks of the deputies,for a mandate of four years, by secret vote and by a majorityof voting deputies of the Assembly of the Municipality.
The Speaker of the Assembly can be dismissed prior to theexpiry of his mandate in the same manner he/she has been
elected.
The Speaker of the Assembly can be employed full time in theMunicipality.
Article 39
The Speaker of the Assembly has a Deputy replacing him incase of absence or incapacity to carry out his/her duties.
The Deputy Speaker of the Assembly is elected anddismissed in the same manner as the Speaker of the
The Assembly of the Municipality has a Secretary attending tothe performance of expert tasks related to the convocationand sessions of the Assembly of the Municipality and itsworking bodies and manages administrative affairs in relation
to their activities.
The Secretary of the Assembly is appointed, at the proposalof the Speaker of the Assembly, for a four-year mandate andcan be reappointed.
The Secretary of the Assembly can be a designated personwith a law school diploma, who has passed the expert examfor working in the public administration and with no less thanthree years of work experience.
The Assembly of the Municipality can, at the proposal of theSpeaker, dismiss the Secretary before the expiry of his/her mandate.
The Secretary can have a Deputy replacing him/her in case of absence.
The Deputy Secretary of the Assembly of the Municipality isappointed and dismissed in the same manner and under thesame conditions as the Secretary.
Article 41
The manner of preparation, running the session of the Assembly of the Municipality and its work, as well as other
issues related to the work of the Assembly are provided for byits Rules of Procedure.
The executive bodies of the Municipality are the Chairpersonof the Municipality and the Municipal Council.
Article 43
The Chairperson of the Municipality is elected by the Assembly of the Municipality for a four-year mandate, from
the ranks of the deputies, by secret vote and by a majority of voting members of the Assembly of the Municipality.
The Chairperson of the Municipality has a Deputy replacinghim/her in case of absence and incapacity to carry out his/her duty.
The Speaker of the Assembly Municipality proposes thecandidate for Chairperson of the Municipality.
The candidate for Chairperson of the Municipality proposesthe candidate for Deputy Chairperson of the Municipality fromthe ranks of the deputies, elected by the Assembly of theMunicipality in the same manner as the Chairperson of theMunicipality.
The mandate of deputy in the Assembly of the Municipality of the Chairperson of the Municipality and the Deputy
Chairperson of the Municipality shall cease when they areelected to the aforesaid functions.
The Chairperson of the Municipality and the DeputyChairperson of the Municipality are employed full time in theMunicipality.
2) Proposes the manner of dealing with the issues decidedupon by the Assembly;
3) Orders the execution of the budget;
4) Directs and coordinates the work of the municipaladministration;
5) Enacts individual enactments for which he/she isauthorized by law, the Statute or the decision of the
Assembly;
6) Carries out other duties set out by the Statute and other enactments of the Municipality.
Article 45
The Municipal Council consists of the Chairperson of theMunicipality, the Deputy Chairperson of the Municipality, aswell as the members of the Municipal Council the number of which is provided for by the Statute of the Municipality andwhich are elected by the Assembly of the Municipality for afour-year mandate, by secret vote and by a majority of votingdeputies.
The candidates for members of the Municipal Council areproposed by the candidate for Chairperson of the Municipality.
When deciding upon the election of the Chairperson of theMunicipality, the Assembly of the Municipality decides upon,at the same time, about the election of the Deputy
Chairperson of the Municipality and members of the MunicipalCouncil.
The Chairperson of the Municipality is the Chairman of the
Municipal Council.
The Deputy Chairperson of the Municipality is a member of the Municipal Council by function.
The number of articles of the Municipal Council, elected bythe Assembly of the Municipality at the proposal of theChairperson of the Municipality, can not exceed 11.
The members of the Municipal Council elected by the Assembly of the Municipality can not be deputies at the sametime, but can be in charge of one or several areas from thecompetence of the Municipality.
The mandate of the deputy elected for member of theMunicipal Council shall cease.
Members of the Municipal Council can be employed full time
in the Municipality.
Article 46
The Municipal Council:
1) proposes the Statute, budget and other decisions andenactments enacted by the Assembly;
2) Directly executes and looks after the execution of decisionsand other enactments of the Assembly of the Municipality;
3) Enacts the decision on temporary financing in case the Assembly of the Municipality fails to enact a budget prior tothe beginning of the fiscal year;
4) performs oversight of the work of the Municipal Administration, invalidates or revokes the enactments of theMunicipal Administration that are not conformed to the law,Statute or other general enactment or decision enacted by the
Assembly of the Municipality;
5) Decides in administrative proceedings as a secondinstance upon the rights and obligations of citizens,companies, institutions and other organization inadministrative matters from the competence of theMunicipality;
6) Looks after about the performance of entrustedcompetences from the framework of rights and duties of theRepublic and the Autonomous Province respectively;
7) Appoints and dismisses the Head of the Municipal Administration and the heads of administrations for particular areas.
Article 47
The Chairperson of the Municipality represents the MunicipalCouncil, convokes and runs its sessions.
The Chairperson of the Municipality is responsible for thelegality of the work of the Municipal Council.
The Chairperson of the Municipality shall suspend theimplementation of the decision of the Municipal Council he
considers is not conformed to the law.
The Municipal Council can enact decisions if the session isattended by the majority of its members.
The Municipal Council enacts decisions by a majority of thepresent voting members.
The Municipal Council enacts decisions by a majority of thepresent voting members unless the law or the Statute of theMunicipality provides for some other majority to apply tocertain issues.
The organization, work and manner of enacting decisions bythe Municipal Council are provided for in more detail in theRules of Procedure of the Municipal Council, in keeping withthis Law and the Statute.
Article 48
The Chairperson of the Municipality and the Municipal Council
report on regular basis to the Assembly of the Municipality, attheir own initiative or at the request of the Assembly of theMunicipality, about the execution of decisions and other enactments of the Assembly of the Municipality.
Article 49
The Chairperson of the Municipality can be dismissed prior tothe expiry of his mandate, at the meritorious proposal of noless than one third of the deputies, in the same way as he/shewas elected.
The proposal for dismissal of the Chairperson of theMunicipality must be discussed and decided upon within 15days from the day of delivery of the proposal to the Speaker of the Assembly.
If the Assembly does not dismiss the Speaker of the Assembly, the deputies that have tabled the proposal for hisdismissal can not propose his/her dismissal again, prior to theexpiry of the six months term from the rejection of theprevious proposal.
The dismissal of the Chairperson of the Municipality ends themandate of the Deputy Chairperson of the Municipality andthe Municipal Council.
The Deputy Chairperson of the Municipality and the membersof the Municipal Council respectively can be dismissed prior to the expiry of their mandate, at the proposal of theChairperson of the Municipality or no less than one third of deputies, in the same manner as they were elected.
Simultaneously with the proposal for dismissal of the DeputyChairperson of the Municipality or member of the MunicipalCouncil, the Chairperson of the Municipality is obliged tosubmit to the Assembly the proposal for the election of a newDeputy Chairperson of the Municipality or member of theMunicipal Council, the Assembly deciding at the same timeupon dismissal and election.
The Chairperson of the Municipality, the Deputy Chairpersonof the Municipality or member of the Municipal Council thathave been dismissed or have resigned, shall remain on their
functions and carry out current duties, until the election of anew Chairperson of the Municipality, Deputy Chairperson of the Municipality or member of the Municipal Council.
Article 51
The end of the mandate of the Assembly entails the end of the mandate of the Assembly’s executive bodies, whereasthey will carry out current duties from their competence until
the new Chairperson of the Municipality and the MunicipalCouncil and the Chairman and members of the TemporaryBody – if the Assembly has been dissolved - take over their duties.
1) Prepares drafts of regulations and other enactmentsenacted by the Assembly of the Municipality, the Chairpersonof the Municipality and the Municipal Council;
2) Executes the decisions and other enactments of the Assembly of the Municipality, the Chairperson of theMunicipality and the Municipal Council;
3) Decides in administrative proceedings as a first instanceupon the rights and obligations of citizens, companies,institutions and other organization in administrative mattersfrom the competence of the Municipality;
4) Carries out duties of administrative oversight of
implementing the regulations and other general enactments of the Assembly of the Municipality;
5) Executes laws and other regulations the execution of whichhas been entrusted to the Municipality;
6) Carries out expert and other tasks set out by the Assemblyof the Municipality, the Chairperson of the Municipality andthe Municipal Council.
Article 53
The Municipal Administration is set up as a single body,whereas municipal administrations for particular areas in the
municipalities with more than 50.000 inhabitants can be setup.
Article 54
The Municipal Administration, as a single body, is governedby the Head of the Municipal Administration.
Eligible for appointment as Head of the Municipal Administration can be a person with a law school diploma, anexpert exam for work in the public administration and no less
than five years of working experience in the profession.
In the Municipal Administration, set up as a single body,internal organizational units for carrying out generic tasks canbe set up.
Article 55
When the Municipal Administration is organized in several
administrations, the work of the Administration is managed bythe Head of the Municipal Administration.
Eligible for Head of the Municipal Administration is a personwith the appropriate faculty diploma relative to the scope of activity of the Administration; that person must have passedthe exam for work in the public administration and no lessthan five years of working experience in the profession.
Internal organizational units for carrying out generic tasks canbe set up within the Administration.
The Head of the Municipal Administration or administrationsfor particular areas is appointed by the Municipal Council, onthe basis of a public advertisement, for a five-year mandate.
The Head of the Municipal Administration can have a Deputyreplacing him in case of absence and incapacity to carry outhis duty.
The Deputy Head of the Municipal Administration is appointedin the same manner and under the same conditions as theHead of the Municipal Administration.
Managers of organizational units in the Administration are
appointed by the Head of the Municipal Administration.
Article 57
The Head of the Municipal Administration is responsible for his/her work and the work of the Administration to the
Assembly of the Municipality and the Municipal Council, inkeeping with the Statute of the Municipality and theEnactment on Organization of the Municipal Administration.
Article 58
The Statute of the Municipality can provide for assistants tothe Chairperson of the Municipality to be appointed in theMunicipal Administration for particular areas (economicdevelopment, urbanism, primary healthcare, environmentprotection, agriculture, etc.).
Assistants to the Chairperson of the Municipality launchinitiatives propose projects and draw up opinions regardingissues of importance for development in the areas for whichthey were appointed for and perform other duties set out bythe Enactment on Organization of the Municipal
Assistants to the Chairperson of the Municipality areappointed and dismissed by the Chairperson of theMunicipality.
There can be no more than three assistants to theChairperson of the Municipality in the Municipal
Administration.
Article 59
The Enactment on Organization of the Municipal Administration is enacted by the Assembly of the Municipalityat the proposal of the Municipal Council.
The Enactment on Internal Organization and Systematizationof the Municipal Administration is enacted by the Head of theMunicipal Administration, with the approval of the MunicipalCouncil.
Article 60
In performing administrative oversight, the Municipal
Administration can:
1) Enact a Decision ordering the execution of measures andactions in a certain term;
2) hand down a mandatory fine;
3) Press charges with the competent authority for a criminaloffense that has been committed or an economic infraction
and lodge a request for launching infraction proceedings;
4) Issue a restraint order;
5) Notify another authority if there are reasons for undertakingmeasures from the competence of that authority;
6) Undertake other measures it is authorized for by law, aregulation or general enactment.
The authority and the organization for carrying out tasks from
paragraph 1 of this Article are governed in more detail by theDecision of the Assembly of the Municipality.
Article 61
In proceedings before the Municipal Administration involvingthe rights, obligations and interests of citizens and legalpersons, regulations about administrative proceedings areapplied.
Article 62
The Municipal Council resolves the conflict of authoritybetween the Municipal Administration and other companies,organizations and institutions when on the basis of a Decisionby the Assembly of the Municipality they decide about certainrights of citizens, legal persons or other parties, as well asbetween municipal administrations for particular areas.
The Head of the Municipal Administration and the Head of the Administration for a particular area decide upon a conflict of authority between internal organizational units.
Article 63
The affairs of the Municipal Administration pertaining to therights, obligations and interests of citizens and legal personscan be executed by persons that have the proper qualifications and that have passed an expert exam for workin the public administration and have the required workexperience, in keeping with the law and other regulations.
The exemption of the Head of the Municipal Administration or the Head of the Administration for a particular area is decidedupon by the Municipal Council.
The exemption of an official person in the Municipal Administration is decided upon by the Head of the Municipal Administration.
3.2. The City
Article 65
The bodies of the City are the City Assembly, the Mayor, theCity Council and the City Administration.
Article 66
The bodies of the City carry out tasks provided for by this Lawfor bodies of the Municipality, as well as other tasks set out bylaw and the City Statute.
The City Assembly
The City Assembly consists of deputies the number of whichis set out by the City Statute and that can be no more than 90.
The provisions of this Law pertaining to the Assembly of theMunicipality also apply to the City Assembly.
The provisions of this Law pertaining to the Speaker of the Assembly also apply to the Mayor.
The provisions of this Law pertaining to the Municipal Councilalso apply to the City Council.
The City Administration is set up as a single body or asseveral administrations for particular areas.
The provisions of this Law pertaining to the Municipal
Administration also apply to the City Administration.
A maximum of five deputy mayors can be appointed in theCity Administration.
III DIRECT PARTICIPATION OF CITIZENS IN ACHIEVINGLOCAL SELF-GOVERNMENT
Article 67
The forms of direct participation of citizens in achieving localself-government are: the Civil Initiative, Citizens’ Assemblyand the Referendum.
The forms of direct self-government from paragraph 1 of this
Article are provided for by law and the Statute.
Article 68
By the means of Civil Initiative citizens propose to the Assembly of the unit of self-government to enact anenactment governing a particular matter from the competenceof the unit of local self-government, a change to the Statute or other enactments and calling for the Referendum in keeping
with the law and the Statute.
The Assembly shall hold a discussion about the proposal fromparagraph 1 of this Article and to submit a substantiatedresponse to the citizens within 60 days from the day of thereceipt of the proposal.
The Statute of the unit of local self-government provides for the number of citizens’ signatures required for a validlaunching of a citizens initiative, which can be no less than 5%of the voters.
Article 69
The Citizens’ Assembly is called for part of the territory of unitof local self-government provided for by the Statute.
The Citizens’ Assembly discusses and tables proposals inregard of matters from the competence of bodies of units of local self-government.
The Citizens’ Assembly adopts requests and proposals by amajority of votes and sends them to the Assembly or other bodies and departments of units of local self-government.
Bodies and departments of units of local self-governmentshall within 60 days of the Citizens’ Assembly consider therequests and proposals of citizens and take a position onsuch requests and proposals, as well as enact the proper decision or measure and notify the citizens hereof.
Article 70
The Assembly of the unit of local self-government can, at itsown initiative, calls for a referendum about matters from itsown competence.
The Assembly of the unit of local self-government shall call for the aforesaid Referendum at the proposal of no less than 10%of the total number of voters in the unit of local self-government, as provided for by the law and the Statute.
The decision on the Referendum is considered enacted if supported by the majority of citizens that have voted, provided
that more than half of the total number of citizens have turnedout for the Referendum.
The decision enacted on the Referendum is mandatory and
the Assembly of the unit of local self-government can notabolish it or introduce changes and supplement so as tomodify its essence within one year from the enactment of thedecision.
Article 71
The bodies and departments of units of local self-governmentshall notify the public thought public information outlets or in
other appropriate ways.
The bodies and departments of units of local self-governmentshall provide citizens with the necessary data, explanationsand information in the process or realization of their rights andobligations.
The bodies and departments of units of local self-governmentshall enable everyone to lodge complaints to their work andinappropriate attitude of the employees.
The bodies and departments of units of local self-governmentshall respond to the aforesaid complaints within 30 days, if theapplicant requests a response.
IV LOCAL COMMUNITIES
Article 72
In order to provide for the needs and interests of the localpopulation, local communities are founded in villages, as wellas other forms of local self-government.
Local communities and other forms of local self-governmentcan also be founded in cities (areas, quarters, districts, etc.).
A Local Community can include two or more villages.
Article 73
The Assembly of the Municipality and/or the City Assemblydecide, considering a previously acquired opinion of thecitizens, about the founding of the Local Community, the areafor which the latter is to founded, as well as about theabolishment of local communities and other forms of localself-government.
This decision is enacted by a majority of the total number of deputies.
Article 74
Enactments of the Local Community or other form of localself-government, in keeping with the Statute of theMunicipality, the Statute of the City and/or the Founding
Enactment, provide for the tasks carried out by the LocalCommunity, the bodies and the procedure for their election,organization and activities, as well as other issues of importance for the work of the Local Community and/or other forms of local self-government.
Article 75
The assets for the functioning of the Local Community and/or other forms of local self-government are provided for from:
1) The assets set out by the decision of the municipal budgetand/or city, including public self-contribution;
3) Revenues of own activities of the local community and/or other form of local self-government.
The Local Community and/or the other form of local self-
government enacts the financial plan approved by thecompetent authority of the Municipality or the City.
Article 76
The Local Community and/or other form of local self-government is a legal person with rights and obligations setout by the Statute and the Founding Decision.
Article 77
The Assembly of the Municipality and/or the City Assemblycan decide to entrust all or certain local communities andother forms of local self-government the performance of certain tasks from the competence of the Municipality/Cityproviding at the same time for the necessary resources.
For performing certain tasks from the competence of the
Municipal Administration and/or city administrations,particularly related to the realization of citizens’ rights, thework of the Municipal Administration can be organized in localcommunities.
The tasks from paragraph 2 of this Article and the manner andplace of their performance are set out by the Chairperson of the Municipality at the proposal of the Head of the Municipal
Administration and/or the heads of municipal administrations.
V RELATIONS BETWEEN THE AUTHORITIES OF THEREPUBLIC, TERRITORIAL AUTHONOMY AND THE
The authorities of the Republic, Territorial Autonomy andbodies of the unit of local self-government, aiming at realizingtheir rights and duties, shall mutually cooperate in keepingwith the Constitution, law and other regulations.
The authorities of the Republic and the Territorial Autonomyshall perform oversight of the legality of the work andenactments of the bodies of units of local self-government, inkeeping with the Constitution and the law.
The competent body of the unit of local self-government shalltimely deliver to the authority of the Republic and/or Territorial
Autonomy, performing oversight of the legality of the work andenactments of the bodies of units of local self-government, therequested information, records and documents.
The delivery of the requested information, records anddocuments shall be the responsibility of the Chairperson of
the Municipality and/or the Secretary of the Assembly of theMunicipality, if oversight is performed of the work andenactments of the Assembly of the Municipality.
Article 79
In carrying out tasks from their competence, the bodies anddepartment of local self-government:
1) propose initiatives to the authorities of the Republic andthe Territorial Autonomy for governing relations of importance for the local self-government and measuresfor resolving issues from the scope of rights andobligations of units of local self-government;
2) submit petitions and proposals regarding the actions of the authorities of the Republic and the Territorial
Autonomy;3) request the opinion of the competent authority of the
Republic and the Territorial Autonomy regarding theimplementation of laws and other regulations directlyaffecting the development and achieving of local self-government and the work of bodies of units of local self-government;
4) Participate directly or via their associations in draftinglaws and other regulations the contents of which is of particular importance for the realization and development
of local self-government.
Article 80
In carrying out tasks from their competence, the authorities of the Republic and the Territorial Autonomy:
1) inform the bodies and departments of units of local self-government, at their own initiative or at the request of the
latter, about the measures undertaken or to beundertaken in executing laws and other regulations, theprotection of constitutionality and legality, occurrencesbreaching the latter and measures for the removal of such occurrences, the realization of the rights of citizensto local self-government, as well as about other mattersof direct interests for the realization of the system of localself-government and the work of bodies of units of local
self-government;2) provide expert assistance to bodies and departments of units of local self-government regarding the performanceof their duties, in particular in the introduction of the ITsystem and the informatization of tasks performed by
bodies and departments of units of local self-government;
3) request reports, data and information about theperformance of tasks from the scope of rights and duties
of units of local self-government, as well as about other matters of interest for the realization of the role and workof the authorities of the Republic and Territorial
Autonomy in the area local self-government;4) Perform other tasks in keeping with the law and other
regulations.
Article 81
The Government shall suspend the execution of a generalenactment of the unit of local self-government if it considerssuch act not to be in agreement with the Constitution or law,by enacting a decision coming into force upon publication inthe “Official Gazette of the Republic of Serbia ".
The decision on the suspension of the execution shall ceaseto be valid if the Government fails to initiate a procedure for
assessing the constitutionality and legality of the aforesaidgeneral enactment within five days from the publication of thedecision.
Article 82
The competent ministry shall initiate a procedure for assessing the constitutionality and legality of the statute,regulation or other general enactment of unit of local self-
government with the Constitutional Court, if it considers suchenactment not to be in agreement with the Constitution, law or other regulation of the Republic.
The competent authority of the Territorial Autonomy shallinitiate the procedure from paragraph 1 of this Article if it
considers that such enactment is not in agreement with aProvincial regulation.
Article 83
When the ministry in charge of local self-government affairsand/or the competent authority of the Territorial Autonomyconsiders that a general enactment of the body of a unit of local self-government is not in agreement with its statute, itwill point to the aforesaid disagreement to the assembly of theunit of local self-government aiming at undertaking theappropriate measures.
If the assembly of the unit of local self-government fails toproceed upon the proposals of the authority from paragraph 1of this Article, the ministry in charge of local self-governmentaffairs shall initiate a procedure with the Supreme Court of Serbia and at the same time propose to the Government tosuspend the execution the enactment from paragraph 1 of this
Article until the ruling Supreme Court of Serbia.
Article 84
If it finds that a particular enactment of a body and/or department of the unit of local self-government against whichno court protection is provided for, is not in agreement withthe law or other regulation and/or the decision or other general enactment of the unit of local self-government, theministry in charge of local self-government affairs and/or thecompetent authority of the Territorial Autonomy, shall propose
to the assembly of the unit of local self-government to cancelor invalidate such enactment.
If the assembly fails, within one month, to proceed upon theproposals of the authorities from paragraph 1 of this Article,the ministry in charge of affairs of self-government shall
cancel or invalidate the enactment from paragraph 1 of this Article.
Article 85
The assembly of the unit of local self-government can bedissolved if:
1) The assembly has not held a session for three months;
2) If the assembly has failed to elect the Chairperson of theMunicipality and the Municipal Council within a month fromthe day when the assembly of the unit of local self-
government was constituted or the day when it was dismissedor when it resigned;
3) Fails to enact the Statute or the budget in the legallystipulated term.
Article 86
The decision on dissolving of the assembly of the unit of local
self-government is enacted by the Government, at theproposal of the ministry in charge of local self-governmentaffairs and/or the competent authority of the Territorial
Autonomy.
The Speaker of the National Assembly shall convokeelections for deputies within two months from the coming intoforce of the decision on the dissolving of the assembly of theunit of local self-government.
The mandate of deputies elected on the elections fromparagraph 2 of this Article shall be four years.
Until the assembly is constituted and executive bodies of theunit of local self-government are elected, current and
irremissible affairs from the competence of the assembly andthe executive bodies of the unit of local self-government shallbe carried out by the provisional body of the unit of local self-government consisting of the Chairman and four members.
The provisional body of the unit of local self-government isappointed by the Government.
The Government enacts a special decision on theappointment of the Chairman and the members of theprovisional body, taking into account the political and ethniccomposition of the dissolved assembly of the unit of local self-government.
Article 87
If in the unit of local self-government elections for deputies arenot held or if after the elections the assembly is notconstituted in keeping with this Law two months after theelections results have been announced, the Government shallappoint the provisional body from Article 86, paragraph 4 of
this Law for the performance of current and irremissible affairsfrom the competence of the assembly and executive bodies of the unit of local self-government.
The Speaker of the National Assembly shall enact thedecision on convoking new elections for the assembly of theunit of local self-government within one month from the daywhen the elections should have taken place or the day whenthe assembly of the unit of local self-government should have
been constituted.
The mandate of deputies elected on the elections fromparagraph 2 of this Article shall last until the expiry of themandate of deputies of the assembly the unit of local self-government elected on regular elections.
VI COOPERATION AND ASSOCIATIONS OF UNITS OFLOCAL SELF-GOVERNMENT
Article 88
The unit of local self-government, its bodies and departments,as well as companies, institutions and other organizations of which it is the founder shall cooperate and associate withother units of local self-government and their bodies anddepartments in areas of common interest and for the purpose
of the realization of such interests can join resources and setup joint bodies, companies, institutions and other organizations in keeping with the law and the Statute.
Units of local self-government can cooperate in areas of common interest with the appropriate territorial communitiesand units of local self-government in other countries, in theframework of the foreign policy of the Republic of Serbia,respecting the territorial integrity and legal system of theRepublic of Serbia, in keeping with the Constitution and thelaw.
Article 89
In order to further the development of local self-government,its protection and the realization of common interests units of local self-government can set up their associations.
Associations of units of local self-government represent theinterests of their members with government authorities andespecially in procedures of enacting laws and other enactments of importance for the protection, improvementand financing of local self-government, as well as other
regulations of importance for the realization of the tasks of units of local self-government.
The setting up and activities of associations of units of local
self-government shall be subject to the provisions of the lawgoverning setting up and activities of associations.
VII SYMBOLS AND NAMES OF PARTS OF AGGLOMERATIONS IN THE UNIT OF LOCAL SELF-
GOVERNMENT
Article 90
The unit of local self-government shall, independently inkeeping with this Law, set out its symbols (coat of arms andflag) and the use thereof.
Article 91
The symbols of the unit of local self-government can bedisplayed only along with state symbols.
In the official premises of bodies of units of local self-government only state symbols will be displayed, as well assymbols of national minorities the language of which is inofficial use on the territory of the unit of local self-government,as well as the symbols of the unit of local self-government.
The symbols of the Autonomous Province shall be displayedtogether along with the symbols of the unit of local self-government in the Autonomous Province and the symbols of the Autonomous Province shall be displayed in officialpremises of the bodies of the unit of local self-government in
Different units of local self-government must have differentsymbols.
The contents of the provisions of the statute of the unit of localself-government or its other enactments about the symbols of the unit of local self-government must correspond to historicaland genuine facts and the provisions included herein and theymust not offend general and state interests, national and
religious feelings and the public morals.
Article 93
The assembly of the unit of local self-government sets out theholidays and decides about names of streets, squares, cityquarters, hamlets and other parts of agglomerations on itsterritory, with the previous approval of the ministry in chargeof local self-government affairs.
If in the area of the unit of local self-government the languageof the national minority is in official use, the National Councilshall be consulted in the process of changing the names of streets, squares, city quarters, hamlets and other parts of agglomerations.
Article 94
If the contents of the provisions of the Draft Statute of the unitof local self-government or other enactments about holidaysor names of parts of agglomerations do not correspond tohistorical or genuine facts and/if there are offending generaland state interests, national and religious feelings and thepublic morals, the ministry in charge of local self-government
affairs shall refuse, within 60 days of the receipt of the DraftStatute or other enactment, the approval of such provisions.
If the ministry in charge of local self-government affairs fails to
act in the term from paragraph 1 of this Article, it shall beconsidered that the approval has been granted.
VIII PROTECTION OF LOCAL SELF-GOVERNMENT
Article 95
The body set out by the Statute of the unit of local self-government can initiate a procedure for assessing theconstitutionality or legality of the law or other generalenactment of the Republic of Serbia or Autonomous Provinceinfringing the right to local self-government.
Article 96
The body set out by the Statute of the unit of local self-government is entitled to lodge an appeal with theConstitutional Court if a particular enactment or action of thegovernment authority or body of the unit of local self-government prevents the unit of local self-government fromcarrying out its authority.
Article 97
In the unit of local self-government an Ombudsman can beappointed to control the respect of citizens’ rights, ascertainbreaches resulting from enactments, actions or omissions bybodies of the administration and/or public departments, if these are breaches of regulations and general enactments of the unit of local self-government.
Two or more units of local self-government can enact adecision on appointing a joint Ombudsman.
The competence and the authority, actions, appointment and
cessation of duty of the Ombudsman shall be governed by theStatute and other general enactment.
Article 98
In ethnically diverse units of local self-government a Councilfor Ethnic Relations shall be set up as an independent bodyconsisting of the representatives of the Serbian people andethnic minorities, in keeping with this Law and the Statute.
Ethnically diverse units of local self-government, in terms of this Law, are units of local self-government in which oneminority accounts for more than 5% of the overall number of inhabitants or all ethnic minorities account for more than 10%of the overall population according to the last census in theRepublic of Serbia.
The Serbian people and ethnic minorities accounting for morethan 1% of the overall population in the unit of local self-government can have their representatives in the Council for Ethnic Relations.
The scope, composition and the election of members, as wellas the work of the Council for Ethnic Relations is governed bythe decision of the assembly of the unit of local self-government, which is enacted by the majority of the total
number of deputies in keeping with the Statute.
The manner of proposing and electing members of theCouncil for Ethnic Relations aims at providing for equalrepresentation of the representatives of the Serbian peopleand ethnic minorities, whereas neither the Serbian people nor
any minority will have the majority of the members of theCouncil.
In the case of national minorities that have their own elected
National Councils, their representatives in the Council shall beelected at the proposal of their National Council.
The decisions of the Council for Ethnic Relations are enactedby consensus of the members of the Council.
The Council shall notify the assembly of the unit of local self-government about its positions and proposals and theassembly shall pronounce itself on the aforesaid positions and
proposals on the first following session and no later thanwithin 30 days.
The assembly and executive bodies of the unit of local self-government shall previously submit the proposals of alldecisions concerning ethnic equality to the Council for opinion.
The Council for Ethnic Relations is entitled to initiate with theConstitutional Court a procedure for assessing theconstitutionality and legality of the decision or other generalenactment of the assembly of the unit of local self-governmentif it considers that such provisions or general enactment isdirectly infringing on the rights of members of the Serbianpeople and ethnic minorities represented in the Council for Ethnic Relations. The Council will also be entitled to initiateunder the same conditions with the Supreme Court a
procedure for assessing the conformity of the decision or other general enactment of the assembly of the unit of localself-government with the Statute.
