LAWN.2019/024 _OF_2 4 DEC 2019
BILL TO INSTITUTE THE GENERAL CODE OF REGIONAL AND LOCAL AUTHORITIES
Section 1: (1) This law institutes the general code of regional and local authorities referred to hereinafter as "local authorities".
(2) It sets out:
the common provisions applicable to local authorities: the status of local elected officials: the rules governing the organization and functioning of local authorities; the financial regime of local authorities: and - special regulations applicable to certäin local authorities.
Section 2: (1) The local authorities of the Republic shall be regions and councils.
(2) They shall carry out their activities with due respect for national unity and solidarity, territorial integrity and the primacy of the State. (3) Local authorities shall have equal status. No local authority may establish or exercise control over another. (4) Any other such local authority shall be created by law.
Section 3: (1) The North-West and South-West Regions shall have a special status based on their language specificity and historical heritage.
(2)The special status referred to in sub-section (1) above shall be reflected with regard to decentralization, in specificities in the organization and functioning of these two regions. (3) The special status shall also entail respect for the peculiarity of the Anglophone education system and consideration of the specificities of the Anglo-Saxon legal system based on common law. (4) The content of the specificities and peculiarities referred to in subsections (2) and (3) above shall be specified in separate instruments.
Section 4: Where necessary, tax and economic incentives may be granted through separate instruments to some regions, depending on their context.
# BOOK ONE
# GENERAL FRAMEWORK OF DECENTRALIZATION
Section 5: (1) Decentralization shall consist of devolution by the State of special powers and appropriate resources to local authorities.
(2)Decentralization shall constitute the basic driving force for promotion of development, democracy and good governance at the local level.
# PARTI FREE ADMINISTRATION OF LOCAL AUTHORITIES
# CHAPTER I PRINCIPLE OF ELECTION OF THE ORGANS OF LOCAL AUTHORITIES
Section 6: (1) Local authorities shall be administered freely by elected organs, under conditions laid down by law.
The deliberative and executive organs of local authorities shall derive their power through universal suffrage.
Section 7: Local authorities may exceptionally be administered by unelected organs, in particular, pursuant to the provisions relating to the establishment of a special delegation.
# CHAPTER II ADMINISTRATIVE AND FINANCIAL AUTONOMY OF LOCAL AUTHORITIES
Section_ 8:Local authorities shall be public law legal persons. They shall have administrative and financial autonomy in the management of regional and local interests and shall, by deliberation, address matters falling within their sphere of competence.
# Administrative Autonomy of Local Authorities
Section 9: Local authorities shall have their own assets, staff, public and private property and services separate from those of the State and other public bodies.