Law on Local Self-government

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Document Information:

Year: 2008
Country: Kosovo
Language: English
Document Type: Domestic Law or Regulation
Topic: CSO Self-Regulation,CSO/Government Cooperation

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Republika e Kosovës
Republika Kosova-Republic of Kosovo
Kuvendi – Skupština – Assembly

Law Nr. 03/L-040

ON LOCAL SELF GOVERNMENT

The Assembly of Republic of Kosova,

Pursuant to Article 65(1) of the Constitution of the Republic of Kosova, recognizing the need to
bring the decision-making closer to the citizens to promote sustainable governance and living
conditions for all citizens of Republic of Kosova, paying due regard particularly the specific needs
and concerns of the non-majority communities in Republic of Kosova,

Having in mind the principles of local self-government enshrined in the European Charter of Local
Self Government and its Protocols,

Taking into account the Framework Convention for the Protection of National Minorities and the
European Charter for Regional or Minority Languages and the European Outline Convention on
the on Transfrontier Co-operation between Territorial Communities or Authorities and its
Protocols,

Aiming at establishing a sustainable system of local self-government and improving the efficiency
of the public service throughout Republic of Kosova,

Hereby adopts

LAW ON LOCAL SELF-GOVERNMENT

CHAPTER I
GENERAL PROVISIONS

Article 1
Purpose

This law establishes the legal basis for a sustainable local self-government system in Kosova.

2 Article 2
Scope

2.1. This law defines the legal status of municipalities, their competencies and general principles of
municipal finances, organization and functioning of the municipal bodies, the intra-municipal
arrangements and the inter-municipal cooperation including the cross border cooperation and the
relationship between municipalities and central government.

2.2. The City of Pristina, as the capital city of Republic of Kosova, shall be regulated by a separate
Law on the City of Prishtinë/Priština. The Law on Local Self-Government shall apply to the City
of Prishtinë/Priština except as may be provided for otherwise in the Law on the City of
Prishtinë/Pristina.

2.3 Separate legislation may be adopted to grant a special status and competencies to other cities.

Article 3
Definitions

Whenever used in the present law, the following terms shall have the meaning indicated below,
unless the context within which such term appears clearly intends another meaning:

-“Charter,”- shall mean the European Charter of Local Self-Government, as adopted by the
Council of Europe on the 15 th of October 1985.
-“Community,”- shall mean a group of communities belonging to the same ethnic, religious, or
linguistic group.
– “Government,”- means the Government of Republic of Kosova;
-“Citizen”- shall have the meaning ascribed to it in [Article 10 of the present Law on Statehood].
-“Local Self-government”- shall mean the right and ability of local authorities as established by
this law and within the limits thereof, to regulate and manage a substantial share of public affairs
under their own responsibility and in the interest of the local population;
-“Municipality,”- shall mean the basic unit of local self-government in Republic of Kosova, made
up of citizens of communities of a specified territory defined by law as stipulated to in the Law on
the Number, Names and Municipal Boundaries No. __________/2007;
-“Municipal Assembly”- is the highest representative body of the municipality consisting of all its
elected members;
-“Mayor”- is the highest executive body of the municipality elected through direct elections;
-“Principle of Subsidiary”- means that the public affairs shall be dealt with as closely as possible
to the citizens of the municipality by the lowest level of government that is able to provide public
services efficiently;
-“Own competencies”- shall mean competencies vested upon the municipalities by the
Constitution or laws for which they are fully responsible in insofar as they concern the local
interest and in accordance with the law;
-“Delegated Competencies”- shall mean competencies of the central government and other
central institutions the execution of which is temporarily assigned by law to municipalities;
-“Enhanced competencies”- shall mean competencies vested upon a municipality or a number of
municipalities by law;

3 -“Administrative Review”- is the right and ability of central government institutions to review the
legality of the activity of the local authorities in the area of own and enhanced competencies and
the legality and expediency of their activity in the area of delegated competencies.
-“Supervisory authority”- shall mean the ministry responsible for the local government and/or
other institutions of the Government of Republic of Kosova in their respective areas of
responsibility;
-“Review of legality”- shall mean the review conducted by the supervisory authority to ensure that
municipal acts have been issued in conformity with applicable legal provisions and that the issuing
body has not acted in excess of its legally recognized mandate;
-“Review of expediency”- shall mean the review conducted by the supervisory authority to ensure
that delegated competencies have been executed in compliance with the rules, criteria and
standards determined by the central government and if the measures taken by municipality were
appropriate to achieve the results determined by the Government of Republic of Kosova.
-“Majority vote”- shall mean a vote that requires the assent of more than one half of the members
present and voting at the meeting at which the proposal is considered. This is the default
mechanism by which decisions of Municipal Assembly shall be brought.
-“Two thirds (2/3) majority”- shall mean a vote that requires the assent of 2/3 of all the members
of the Municipal Assembly;
-“Ministry”- shall mean the ministry responsible for local government unless the context clearly
refers otherwise;
-“Statute of the Municipality,”- shall mean the highest act adopted by the Municipal Assembly in
accordance with the Constitutions and the laws regulating the internal organization of the
municipality;
-“Rule of Procedure”- shall mean an act adopted by the Municipal Assembly providing the rules
of order and conduct:
-“Municipal regulation”- shall mean an act adopted by the required number of the Municipal
Assembly regulating a certain area of the municipal competencies;
-“UNMIK,”- shall refer to the United Nations Mission in Kosova.

CHAPTER II
MUNICIPALITY

Article 4
General

4.1. The Municipality is the basic unit of local self-government in Republic of Kosova, made up of
community of citizens of a specific territory defined by law and shall exercise all powers which are
not explicitly reserved for the central institutions.

4.2.All municipal organs shall ensure that the citizens of the municipality enjoy all rights and
freedoms without distinction of any kind, such as race, ethnicity, color, sex, language, religion,
political or other opinion, national or social origin, property, birth, or other status, and that they
have fair and equal opportunities in municipality service at all levels.

4.3. Municipalities shall implement their policies and practices to promote coexistence and peace
between their citizens and to create appropriate conditions enabling all communities to express,
preserve, and develop their national, ethnic, cultural, religious, and linguistic identities.

4 4.4. All municipal authorities shall be answerable to the citizens of the Municipality in the forms
set by law.

4.5. Citizens of the municipality shall have the right to participate in the activities of the
municipality, as prescribed by law.

4.6. Municipalities shall be entitled to enter into agreements with villages, quarter or settlements
within their territory to offer services closer to citizens in accordance with Article 35 and their
statutes.

Article 5
Legal Status of the Municipality

Municipality shall be legal person. As a legal person, each municipality shall have the legal
capacity to, inter alia:

a) sue and be sued in the courts;
b) own and manage property;
c) be owner or co-owner of any company that is of interest to municipality in relation to citizens;
d) enter into contracts;
e) engage staff; and
f) engage in other activities that are necessary for discharging its responsibilities.

Article 6
Names and Boundaries

Municipalities shall have their names and boundaries as described in the Law on Administrative
Boundaries of Municipalities and may only be changed in accordance with that law.

Article 7
Symbols

7.1. Municipalities shall have their own symbols including the coats of arms, seals, emblems, and
municipal flags.

7.2 Municipalities shall use a seal that includes the sign and name of the Municipality.

7.3. The symbols of a Municipality shall be approved and changed by the municipal assembly
pursuant to the constitutional and legal provisions of Republic of Kosova and shall not resemble to
symbols of other states or municipalities within or outside Republic of Kosova.

7.4. The symbols of a municipality may be approved or changed by two thirds (2/3) majority vote
of the Municipal Assembly after extensive public consultation has taken place.

5 Article 8
Citizens of Republic of Kosova

A citizen of the Municipality is any person who is a habitual citizen of Republic of Kosova, living
in the respective Municipality.

Article 9
Languages

9.1. The use of languages in the Municipality shall be regulated in accordance with the applicable
law on the use of languages.

9.2. The Municipal Assembly shall adopt detailed municipal regulations on the use of languages
within its territory as set out in the applicable law on the use of languages.

Article 10
Municipal Bodies

The organs of a municipality are the Municipal Assembly and the Mayor:

Article 11
Acts of the Municipal Organs

Municipal Assembly and Mayor shall have the right to enact acts and take any implementation
measure within their areas of competence. All municipal acts shall comply with the constitutional
and legal system of Republic of Kosova.

Article 12
Acts of the Municipal Assembly

12.1. The Municipal Assembly may adopt acts within their areas of its competences.

12.2. Acts of the Municipal Assembly shall be effective in the territory of the Municipality
enacting the act. These acts shall include:

a) Statute of the Municipality;
b) Rules of Procedure;
c) Municipal regulations; and
d) any other acts necessary or proper for efficient operation of the Municipality.

12.3. The Statute of the Municipality shall be adopted and may be amended by at least a two-
thirds vote of the Municipal Assembly.

12.4. The Rules of Procedure shall be adopted and may be amended, when necessary, by a
majority vote of the Municipal Assembly.

6 Article 13
Acts of the Municipal Mayor

The Municipal Mayor shall have the right to issue instructions and decisions within his areas of
competence.

Article 14
Property of the Municipality

14.1. Municipalities shall have the right to own and manage immovable and movable properties.

14.2. Municipalities shall have the right to sell and lease the immovable and movable property
according to law, with the exception of the sale of the land that will be regulated by a special law.

14.3 Municipalities shall keep and maintain the Register of all movable and immovable property
owned or occupied by the municipality.

CHAPTER III
MUNICIPAL COMPETENCES
Article 15
Principle of Subsidiary

The municipalities shall exercise its competences in accordance with the principle of subsidiary.

Article 16
Municipal Competencies
Municipalities shall exercise own, delegated and enhanced competencies in accordance with the
law.

Article 17
Own Competencies

17.1 Municipalities shall have full and exclusive powers, insofar as they concern the local interest,
while respecting the standards set forth in the applicable legislation in the following areas:

a) local economic development;
b) urban and rural planning;
c) land use and development;
d) implementation of building regulations and building control standards;
e) local environmental protection;
f) provision and maintenance of public services and utilities, including water supply, sewers and
drains, sewage treatment, waste management, local roads, local transport, and local heating
schemes;
g) local emergency response;

7 h) provision of public pre-primary, primary and secondary education, including registration and
licensing of educational institutions, recruitment, payment of salaries and training of education
instructors and administrators;
i) promotion and protection of human rights;
j) provision of public primary health care;
k) provision of family and other social welfare services, such as care for the vulnerable, foster care,
child care, elderly care, including registration and licensing of these care centres, recruitment,
payment of salaries and training of social welfare professionals;
l) public housing;
m) public health;
n) licensing of local services and facilities, including those related to entertainment, cultural and
leisure activities, food, lodging, markets, street vendors, local public transportation and taxis;
o) naming of roads, streets and other public places;
p) provision and maintenance of public parks and spaces;
q) tourism;
r) cultural and leisure activities;
s) any matter which is not explicitly excluded from their competence nor assigned to any other
authority.

Article 18
Delegated Competencies

18.1 Central authorities in Republic of Kosova shall delegate responsibility over the following
competencies to municipalities, in accordance with the law:
a) cadastral records;
b) civil registries;
c) voter registration;
d) business registration and licensing;
e) distribution of social assistance payments (excluding pensions); and
f) forestry protection on the municipal territory within the authority delegated by the central
authority, including the granting of licenses for the felling of trees on the basis of rules adopted by
the Government;
18.2. Central authorities in Republic of Kosova may delegate other competencies to municipalities,
as appropriate, in accordance with the law.

18.3. Delegated competencies must in all cases be accompanied by the necessary funding in
compliance with objectives, standards and requests determined by the Government of Kosova.

Article 19
Enhanced Municipal Competencies

19.1. Certain municipalities explained below shall have their own competencies enhanced in the
areas of health, education and cultural affairs and shall have participatory right in selecting local
station police commanders as set forth in the subsequent articles.

19.2. Central authorities of Republic of Kosova shall monitor the exercise of enhanced
competencies, in accordance with the central legislation providing for equal access to public

8 services; minimum quality and quantity standards in the provision of public services; minimum
qualifications of personnel and training facilities; general principles on licensing and accreditation
of public service providers.

19.3. Municipalities exercising enhanced municipal competencies may cooperate with any other
municipality in providing services.

Article 20
Enhanced Competencies in Secondary Health Care

The municipalities of Mitrovicë/Mitrovica North, Graçanicë/Gracanica, Shtërpcë / Štrpce shall
have the competence for provision of secondary health care, including registration and licensing of
health care institutions, recruitment, payment of salaries and training of health care personnel and
administrators;

Article 21
Enhanced Competencies in the University Education

21.1. The municipality of Mitrovicë/ Mitrovica North shall have competence for the provision of
higher education, including registration and licensing of educational institutions, recruitment,
payment of salaries and training of education instructors and administrators.

Article 22
Enhanced Competencies in the Area of Culture

22.1 All municipalities in which the Kosova Serb Community is in the majority shall have
authority to exercise responsibility for cultural affairs, including, protection and promotion of
Serbian and other religious and cultural heritage within the municipal territory as well as support
for local religious communities in accordance with the applicable law.

22.2. Municipalities may cooperate with any other municipality in cultural affairs.

Article 23
Enhanced Participatory Rights in Selection of the Local Police Station Commanders

Municipalities in which Kosova Serb community is in a majority shall exercise enhanced
participatory rights in the selection of the local station police commanders in accordance with law
on police.

CHAPTER IV
MUNICIPAL FINANCES

Article 24
Basic Principles of Municipal Finances

24.1. Municipalities shall have their own budgets and finances to finance their competencies.

9 24.2. The municipal budget shall consist of own source revenues; grants from the Government of
Republic of Kosova; donations and other revenues.

24.3. Municipal budget and finance shall be regulated by a law on local finance.

24.4. Basic public financial management and accountability requirements set out in the central
legislation shall apply to all municipalities.

Article 25
Public Utilities Provided by Municipal Enterprises

25.1. Where local public utilities are provided by municipal enterprises the enterprises shall
submit their budgets to the Municipal Assembly for approval. The budget proposals shall include a
proposed tariff structure for the provision of services and shall be submitted before 15 November
in the year before the next fiscal year.

25.2. Where an enterprise provides local public utilities for more than one municipality,
arrangements shall be made by the municipalities to establish a join management Board and the
manner of the oversight of the Board.

Article 26
Internal Audit

26.1. Municipalities shall have the legal obligation to perform an internal audit at least once a year.

26.2. Municipalities shall have the right to establish an autonomous in-house audit service or
ensure internal auditing by an audit firm accredited in accordance with the applicable legislation of
Republic of Kosova.

Article 27
External Audit

27.1. A central autonomous authority shall perform external audits of each municipality on annual
basis in accordance with the applicable law on the Auditor General of Republic of Kosova.

27.2. Each auditor’s report and the replies of municipal authorities shall be made public.

CHAPTER V
INTER-MUNICIPAL COOPERATION AND INTRA-MUNICIPAL ARRANGMENTS

Article 28
Cooperation between Municipalities of Republic of Kosova

Municipalities shall have the right to cooperate and form partnerships with other Republic of
Kosova municipalities within their areas of competence to carry out functions of mutual interest,

10 based upon the principles of European Chart for Local Self-Government and in accordance with
the law.

Article 29
Municipal Partnerships

29.1. Municipal responsibilities in the areas of their own and enhanced competencies with the
exception of those listed under paragraph 2 Article 40 of this law may be exercised through
municipal partnerships.

29.2. The activities of the partnerships shall also be funded through the municipal budgets of the
participating municipalities.

29.3. Such partnerships may take all actions necessary to implement and exercise their functional
cooperation through inter alia, the establishment of a decision making body comprised of
representatives appointed by the assemblies of the participating municipalities, the hiring and
dismissal of administrative and advisory personnel, and decisions on funding and other operational
needs of the partnership.

29.4. Municipal decisions on the activities of the partnerships shall be subject to the mandatory
review of legality in accordance with the provisions of Article 79 of this law.

Article 30
Cross-Border Cooperation of Municipalities

30.1. Municipalities shall have the right to enter into cooperative agreements with foreign local
self-government bodies in all areas of own municipal competencies and enhanced competencies
with the exception those listed in paragraph 2 Article 40 of this law.

30.2. Municipalities shall be entitled to cooperate, within the areas of their own competencies, with
municipalities and institutions, including government agencies, in the Republic of Serbia. Such
cooperation may take the form of the provision by Serbian institutions of financial and technical
assistance, including expert personnel and equipment, in the implementation of municipal
competencies.

30.3. Municipalities shall notify the ministry responsible for the local government in advance of
any intention to engage in cross-border cooperation. The notification shall include the draft
cooperation agreement between the municipalities and proposed counterparts.

30.4. The draft cooperation agreement shall set out the following elements:

a) names of parties intending to enter into agreement;
b) intended effective date of the agreement;
c) envisaged areas and objectives of cooperation; and
d) modalities for the provision of staff and equipment, the level of funding and the funding
processing mechanism and procedural arrangement, in accordance with public financial
management requirements applicable to all municipalities.

11 30.5. Following the review of the draft agreement, the ministry responsible for local government
may enjoin amendments to the draft cooperation agreement, or, if it considers that a breach of the
law cannot be remedied otherwise, the ministry may suspend the intended cooperation.

30.6. The municipality may challenge such action of the ministry in the District Court competent
for the territory of the municipality.

30.7. Partnerships between Republic of Kosova municipalities shall be entitled to direct relations
with institutions in the Republic of Serbia only to the extent necessary to implement practical
activities of the partnership.

Article 31
Right of Municipalities to Associate

For the protection and promotion of their common interests, municipalities may form and belong
to associations that operate in conformity with the law.

Article 32
Associations of Municipalities of Republic of Kosova

32.1. Individual municipalities may join representative associations of local self-government
bodies of Republic of Kosova.

32.2. The incorporating acts and financial documents of such associations shall be made public.
Participating municipalities shall make public the information about the activity of such
associations and their budgetary contributions to the associations.

32.3. Such associations may offer to its members a number of services, including training, capacity
building, technical assistance as well as research on municipal competencies and policy
recommendation in accordance with law.

Article 33
International Associations of Local Government

Associations of Republic of Kosova municipalities may cooperate with international associations
of local authorities.

Article 34
Villages, Settlements and Urban Quarters

34.1. Each municipality may make arrangements with villages, settlements and urban quarters
within its territory to ensure that the services are offered closer to all citizens of the municipality.

34.2. With the approval of the municipality, villages, settlements and urban quarters, singly or in
combination, may carry out activities that are within the responsibilities and powers of the
municipality. In this event, municipalities shall provide sufficient resources to the villages,
settlements and urban quarters.

34.3. The ministry responsible for the local government shall issue instructions on the
arrangements between the municipality and villages, settlements and urban quarters.

34.4. The Statute and local municipal regulations shall stipulate the form of co-operation between
the municipality and villages, settlements and urban quarters and the scope of work and
organization of villages, settlements and urban quarters. All villages, settlements and urban
quarters shall comply with the applicable law when carrying out activities by arrangement with the
municipality.

CHAPTER VI
MUNICIPAL ASSEMBLY

Article 35
Municipal Assembly

35.1. Municipal Assembly is the highest representative body of the municipality and shall be
directly elected by the citizens in accordance with the Law on Local Elections.

35.2. All citizens of the Municipality may stand for in the Municipal Assembly provided they meet
the requirements as set forth in the Law on Local Elections.

35.3. The mandate of the each members of the Municipal Assembly shall be verified by a
commission on verification of mandates established by the Municipal Assembly before the signing
of the mandate by each member.

35.4. All members of the Municipal Assembly shall subscribe to the following solemn oath or
declaration of office:
“I swear (or solemnly declare) that I will perform my duties and exercise my powers as a member
of the Municipal Assembly of _________ municipality honorably, faithfully, impartially,
conscientiously and according to law, so as to ensure conditions for a peaceful life for all citizens”.

35.5. Members of the Municipal Assembly who fail to subscribe to the oath or the signing of the
mandate in accordance with paragraphs 3 and 4 of this Article within one month of the
certification of the election results shall cease to be a member.

Article 36
Number and Election of Assembly Members

36.1. The number of members in the Municipal Assembly of a Municipality shall be proportional,
dependant upon the number of citizens in the Municipality.

a) if a Municipality has up to 10.000 citizens, the Assembly for that Municipality shall consist of
15 members;
b) if a Municipality has from 10.001 to 20.000 citizens, the Assembly for that Municipality shall
consist of 19 members;
c) if a Municipality has from 20.001 to 30.000 citizens, the Assembly for that Municipality shall
consist of 21 members;

13 d) if a Municipality has from 30.001 to 50.000 citizens, the Assembly for that Municipality shall
consist of 27 members;
e) if a Municipality has from 50.001 to 70.000 citizens, the Assembly for that Municipality shall
consist of 31 members;
f) if a Municipality has from 70.001 to 100.000 citizens, the Assembly for that Municipality shall
consist of 35 members;
g) if a Municipality has more than 100.000 citizens, the Assembly for that Municipality shall
consist of 41 members.

36.2. The municipal assembly of the Prishtinë/Pristina shall consist of 51 members.

Article 37
Term of Office

37.1. The term of office of members of the Municipal Assembly shall be four years.

37.2. A member of the Municipal Assembly shall cease to be a member:

a) at the expiration of the member’s term of office;
b) at the change of the municipality of the residence where he is elected;
c) upon the submission of a written resignation of his post to the Mayor of the Municipality;
d) if a member is convicted of a criminal offence by a final court decision;
e) if he/she misses Municipal Assembly meetings for three (3) consecutive months without valid
excuse; or,
f) if this law, or other laws applicable to the member, disqualifies or deems ineligible the member.

37.3. A member of a municipal assembly may not simultaneously hold a position of a member of
the Assembly of Republic of Kosova.

Article 38
Conflicts of Interest

38.1. A member of the Municipal Assembly or of a committee shall be excluded from the
decision-making and administrative procedures relating to any matter in which he or she, or an
immediate family member of his or hers, has a personal or financial interest.

38.2. Each member is required to disclose all conflicts of interest immediately as they arise at any
meeting at which the member is present. Any member may supply information about the interests
of another member.

38.3. Before the first meeting of the Municipal Assembly, members of the Assembly shall record a
full and open statement of their financial interests in a public register to be kept by an authorized
officer of the municipality. Members shall record any change in their financial interests as they
occur.

14 38.4. The Statute and Rules of Procedure shall set out the measures to be taken to exclude
members from the decision-making and administrative procedures where they have a conflict of
interest.

Article 39
Rights and Duties of Municipal Assembly Members

39.1. All members of the Municipal Assembly shall have fair and equal rights and opportunities to
participate fully in the proceedings of the Assembly. The Municipal Assembly shall ensure that
these rights and opportunities are provided in its Statute and Rules of Procedure.

39.2. A member of the Municipal Assembly may request information concerning municipal
matters from the Mayor, or the chairperson of a committee. The request shall be dealt with in
accordance with procedures to be set out in the Statute and Rules of Procedure.

39.3. A member of the Municipal Assembly may submit remarks in writing, which shall be
attached to the minutes.

39.4. A member of the Municipal Assembly may address, but not vote at meetings of any
committee of the Municipal Assembly of which he or she is not a member. He or she may propose
to the chairperson of the committee that any matter which is the responsibility of the committee
should be discussed.

39.5. A member of the Municipal Assembly may request from the Mayor information necessary
for his work as a member. If he or she is dissatisfied with the response he or she may raise the
issue with the Municipal Assembly.

39.6. A member of the Municipal Assembly shall be allowed to be absent from their workplace for
such periods as are reasonably necessary for Assembly business.

39.7. The Municipal Assembly shall, in accordance with the Statute of the Municipality and
guidelines issued by the central government, compensate members of the Municipal Assembly.
39.8. It is the duty of the members of the Municipal Assembly to attend all validly called meetings
of the Municipal Assembly and any committees in which they are members, unless justifiable
reasons for their absence exist.

Article 40
Operation of Municipal Assembly

40.1. The municipal assembly operates on the basis of this law, the Statute and other sub-legal
acts.

40.2. The Municipal Assembly may not delegate its responsibility for decisions concerning:

a) statute or the Rules of Procedure, municipal regulations and the adoption, amendment or repeal
thereof;
b) the approval of the budget and investment plans;
c) the approval of other financial matters that are reserved to the Assembly by the Statute or the
Rules of Procedure;

15 d) the annual work plan and annual report;
e) the establishment of the committees required by the present Law;
f) the election of the Chairperson and Deputy Chairperson of the Municipal Assembly;
g) the level of fees and charges;
h) the creation and use, in accordance with applicable legislation, of municipal symbols,
decorations and honorary titles;
i) the naming and renaming of roads, streets and other public places;
j) he making of inter-municipal and intra-municipal agreements;
k) the making of decisions to join representative associations of municipalities of Republic of
Kosova; and
l) other responsibilities that are required by law.

40.3. The Municipal Assembly may delegate the power to make other decisions to a committee
of the Municipal Assembly or to the Mayor of the municipality. The Municipal Assembly may
withdraw the delegation at any time.

Article 41
The Chairperson of the Municipal Assembly

41.1. The Municipal Assembly shall elect the Chairperson of the Municipal Assembly from among
the members.

41.2. The Chairperson of the Municipal Assembly shall be elected for the same term of office as
the Assembly members.

41.3. Voting for the Chairperson of the Municipal Assembly shall be by secret ballot.

41.4. To be elected on the first ballot, a candidate must receive the vote of the more than half of the
total number of elected members.

41.5. If no candidate has received the required majority on the first ballot, then two candidates with
the majority of votes will go to a second ballot. Candidate who receives more than half of the votes
of the total number of elected members shall be elected the Chairperson of the Municipal
Assembly.

Article 42
Inaugural Session

42.1. The Municipal Assembly shall hold its inaugural meeting within fifteen (15) days from the
day of the election results certification.

42.2. The inaugural meeting of the Municipal Assembly shall be called by the Mayor (where
elected) within fifteen (15) days from day that the election results are certified.

42.3. If the Mayor fails to call a meeting as per his/her duty in paragraph 2 of this Article, the
inaugural meeting of the Municipal Assembly may be called by the oldest elected member of the
Municipal Assembly within fifteen (15) days of the Mayor’s failure to call the inaugural meeting
of the Municipal Assembly.

16 42.4. If the oldest member of the Assembly fails to call a meeting as per his duty in paragraph 3 of
this Article, the inaugural meeting of the Municipal Assembly may be constituted upon the
initiative of the majority of the elected members of the Municipal Assembly.

42.5. Meetings of the Municipal Assembly held before the election of the Chairperson of the
Municipal Assembly shall be chaired by the oldest elected member of the Municipal Assembly
present in the meeting.

Article 43
Meetings of Municipal Assembly

43.1. The Chairperson of the Municipal Assembly shall call and chair the meetings of the
Municipal Assembly.

43.2. The Municipal Assembly shall hold at least ten sessions per year five of which should take
place during the first six months of year, as specified by the Rules of Procedure.

43.3. All the members of the Municipal Assembly shall be given written notice, as required, at
least seven (7) working days prior to the meeting. Such notice shall include:

a) the date of the meeting;
b) the time of the meeting;
c) the place of the meeting;
d) the agenda for the meeting; and
e) materials of the meeting.
f) other data as may be determined by the statute or rule of procedure.

43.4. The notice and the meeting materials shall respect the Law on Languages. The same notice
shall be announced to the public.

43.5. The notice from paragraphs 3 and 4 of this Article shall also be sent to ministry responsible
for the local government.

Article 44
Extraordinary Meetings of Municipal Assembly

44.1. An extraordinary meeting of the Municipal Assembly shall be called by the Chairperson or
upon a written request of at least one third of the total number of members of the Municipal
Assembly or of the Mayor.

44.2. The right to call an extraordinary meeting shall also include the right set the agenda for the
meeting called.

44.3. The items of the agenda for the extraordinarily called meetings may not be changed at such a
meeting.

44.4.An extraordinary meeting of the Municipal Assembly shall not be held unless all members of
the Municipal Assembly and the public are given written notice, as required in the rules of
procedure, at least three (3) working days prior to the date of the meeting.

17 44.5. The same procedural requirements for the notice and other issues applicable to the regular
meetings shall also apply to extraordinary meetings.

44.6. The procedures set out above shall not apply to meetings called because of urgent
circumstances.

Article 45
Open Meetings

45.1. Meetings of the Municipal Assembly and all its committees are open to the public. Members
of the public are permitted to follow and participate in meetings of the Municipal Assembly in the
manner specified in the Rules of Procedure.

45.2. A notice of the meeting of the Municipal Assembly shall be made public.

45.3. The Municipal Assembly or the committee may by a majority vote decide to exclude the
public from the whole or a part of a meeting when an open meeting:

a) might lead to public disorder or violence;
b) would threaten to disclose information [and documents] to the disclosure of which is restricted
in accordance with the Law on Access to Official Documents,
c) would threaten to disclose personally or commercially sensitive information; or
d) would threaten to disclose information about actual or imminent court proceedings.

45.4. In such event, a notice shall be given by the Municipal Assembly as to the decisions taken.

45.5. Municipal Assembly may regulate by the Statute establish the rules the procedures for the
holding of closed sessions.

Article 46
Quorum

46.1. The quorum for all meetings of the Municipal Assembly and its committees shall be at least
one-half of all the members of Municipal Assembly or of its committees.

46.2. The quorum shall be verified before any decision is taken.

Article 47
Agenda

47.1. The agenda for a meeting of the Municipal Assembly shall be set by the Chairperson of the
Municipal Assembly upon the agreement of the Mayor of Municipality.

47.2. A member of the Municipal Assembly may request to add an item to the agenda during a
regular session of the Municipal Assembly if the matter sought to be included in the agenda is an
urgent matter of public importance.

47.3. Such a request shall be approved or rejected by a majority vote.

18 47.4. The Rules of Procedure of the Municipal Assembly shall set out further provisions for the
preparation, approval, and amendments to the agenda.

Article 48
Voting

48.1. At all meetings of the Municipal Assembly and its committees, each member including the
chairperson shall have one vote, but the chairperson shall have an additional casting vote if an
equal number of votes are cast for and against a proposal.

48.2. Unless otherwise explicitly provided for in this law, decisions of the Municipal Assembly or
of a committee shall be adopted by the majority of the members present and voting.

48.3. Abstentions shall be noted for the purpose of establishing the quorum, but shall not otherwise
be taken into account for the voting results.

Article 49
Minutes

Minutes shall be taken of all meetings of the Municipal Assembly and its committees and shall be
approved at the next meeting in accordance with the Law on the Use of Languages.

Article 50
Dissolving a Non-Functioning Municipal Assembly

50.1. If a municipal assembly fails to perform a mandatory function up to the standards set by law
or becomes non-functioning, thus jeopardising the exercise of basic rights of the citizens, the
ministry responsible for the local government shall notify the failure to perform to the municipality
and request that appropriate measures be taken in order to ensure the smooth performance of the
challenged function.

50.2. A municipality is considered as non-functioning if it:

a) fails to elect a Chairperson thirty (30) days after it is duly constituted;
b) fails to adopt its statute within sixty (60) days from the day it is duly constituted;
c) fails to adopt the budget within the time limit determined by the law; or
d) fails to hold a meeting for a period of more than six (6) months

50.3. The ministry responsible for the local government shall notify the Government of Republic
of Kosova on the non-functioning of municipality. The Government of Republic of Kosova may
dissolve a non-functioning Municipal Assembly.

50.4. New elections will be held for the Municipal Assembly in accordance with the law on local
election.

19 Article 51
Permanent Committees

51.1. The Municipal Assemblies shall establish and maintain the Committee on Policy and Finance
and the Committee on Communities as permanent committees. .

51.2. The Municipal Assembly shall establish such committees as it deems necessary and
appropriate to carry out its responsibilities.

51.3. Unless specified otherwise in this law, committees shall reflect the composition of the
Municipal Assembly.

Article 52
Policy and Finance Committee

52.1. The Policy and Finance Committee shall be chaired by the Chairperson of the Municipal
Assembly and its composition shall reflect the representation of the political entities in the
Municipal Assembly.

52.2. The Policy and Finance Committee shall be responsible to review all the policy, fiscal and
financial documents, plans, and initiatives including strategic planning documents, the annual
Medium Term Budget Framework, the annual procurement plan, the annual regulation on taxes,
fees and charges, the annual internal audit work plan, the annual medium term budget and any
changes to the budget during a fiscal year as well as reports from the Mayor and submit
recommendations for action to the Municipal Assembly.

Article 53
Communities Committee

53.1. The membership of the Communities Committee shall include the members of the Municipal
Assembly and community representatives. Any community living in the municipality shall be
represented by at least one representative in the Communities Committee. The representatives of
communities shall comprise the majority of the Communities Committee.

53.2.The Communities Committee shall be responsible to review compliance of the municipal
authorities with the applicable law and review all municipal policies, practices and activities
related with the aim to ensure that rights and interests of the Communities are fully respected and
shall recommend to the Municipal Assembly measures it considers appropriate to ensure the
implementation of provisions related to the need of communities to promote, express, preserve and
develop their ethnic, cultural, religious and linguistic identities, as well as to ensure adequate
protection of the rights of communities within the municipality.

20 Article 54
Deputy Chairperson for Communities

54.1. In municipalities where at least ten per cent (10%) of the citizens belong to Communities not
in the majority in those municipalities, a post of the Chairperson of the Municipal Assembly for
Communities shall be reserved for a representative of these communities.

54.2. The post of the Deputy Chairperson of the Municipal Assembly for Communities shall be
held by the non-majority community’s candidate who received the most votes on the open list of
candidates for election to the Municipal Assembly.

Article 55
Duties of the Deputy Chairperson of a Municipality for Communities

55.1. The Deputy Chairperson of a Municipality for Communities shall promote inter- community
dialogue and serve as formal focal point for addressing non-majority communities’ concerns and
interests in meetings of the Assembly and its work.

55.2. The Deputy Chairperson of a Municipality for Communities shall be responsible for
reviewing claims by communities or their members that the acts or decisions of the municipal
assembly violate their constitutionally guaranteed rights.

55.3. The Deputy Chairperson of a Municipality for Communities shall refer such matters to the
Municipal Assembly for its reconsideration of the act or decision.

55.4. In the event the Municipal Assembly chooses not to reconsider its act or decision, or the
Deputy Chairperson of a Municipality for Communities deems that even upon reconsideration the
act or decision presents a violation of a constitutionally guaranteed right, the Deputy Chairperson
of a Municipality for Communities may submit the matter directly to the Constitutional Court,
which may decide whether to accept the matter for review.

CHAPTER VII
MUNICIPAL LEADERSHIP/EXECUTIVE

Article 56
Election of the Mayor of the Municipality

56.1. The Mayor of the Municipality shall be elected by a direct election in accordance with the
law on local elections.

56.2. The Mayor of the Municipality shall be elected for a term of four years.

56.3. The term of office of the Mayor of the Municipality shall end upon:

a) the completion of his mandate;
b) his death;
c) his resignation;
d) his change of residence to another municipality;
e) his failure to report on duty for more than 1 months without a valid reason

21 f) his removal from office in accordance with this law;
g) a final court decision depriving the Mayor of legal capacity to act; or
h) his conviction of a criminal offence with an order for imprisonment for six (6) months or more.

Article 57
Oath of Office

57.1. Upon election, the Municipal Mayor shall subscribe to a solemn oath or declaration of office
before the members of the Municipal Assembly. The form of the oath of office shall be as follows:

“I swear (or solemnly declare) that I will perform my duties and exercise my powers as Mayor of
… municipality honorably, faithfully, impartially, conscientiously and according to law, so as to
ensure conditions for a peaceful and prosperous life for all.”

57.2. The Mayor who fails to subscribe to the oath within one (1) month of the certification of the
election results shall forfeit his term.

Article 58
Responsibilities of the Mayor

The Mayor shall execute the following responsibilities:
a) represents and acts on behalf of the Municipality;
b) leads the municipal government and its administration and conducts the financial administration
of the municipality;
c) exercises all competencies not explicitly assigned to the Municipal Assembly or its committees.
d) executes the Municipal Assembly acts;
e) appoints and dismisses his deputies;
f) appoints and dismiss his advisors who assist him in discharging his duties;
g) organizes the work and directs the policy of the municipality;
h) proposes municipal regulations and other acts for the approval of Municipal Assembly;
i) proposes municipal development, regulatory and investments plans; proposes the annual budget
for the approval of the Municipal Assembly and executes the budget adopted;
j) reports before the Municipal Assembly on the economic-financial situation and the
implementation of the investment plans of the Municipality at least once every six months or as
often as required by the Municipal Assembly; and
k) may request the Municipal Assembly only once to review a municipal act when he deems the
act to violate the applicable legislation and/or the interests of communities.
l) shall consult the Deputy Mayor for Communities about the matters related to non-majority
communities; and
m) other activities assigned to him/her by the statute.

22 Article 59
Conflicts of Interest

59.1. As soon as possible following his/her election, the Mayor shall terminate any contract or
association that may call into question her/his ability to carry out his/her responsibilities fairly and
impartially.

59.2. The Mayor shall be excluded from decision-making and administrative procedures relating to
any matter in which he/she, or an immediate family member of his or hers, has a personal or
financial interest.

59.3. The Mayor shall be required to disclose all conflicts of interest immediately as they arise.

59.4. The Mayor may voluntarily exclude himself/herself from decision-making and administrative
procedures if he/she considers that they may have a conflict of interest. The Municipal Mayor shall
record any change in their financial interests as soon as it occurs.

59.5. The Statute shall set out the measures to be taken to exclude the Municipal Mayor from the
decision-making and administrative procedures where they have a conflict of interest.

Article 60
Deputy Mayor of a Municipality

60.1. In each municipality, the Mayor shall have one Deputy Mayor.

60.2. The Deputy Mayor of Municipality shall be appointed by the Mayor for the same term of
office as the Mayor and may be dismissed from office by the Mayor.

60.3. Upon Mayor’s request, the Deputy Mayor shall assist the Mayor in discharging his daily
executive functions and shall act on behalf of the Mayor in her/his absence.

60.4. When the post of the Deputy Mayor becomes vacant, the Mayor shall appoint a new one no
later than thirty days after the vacancy arises.

60.5. The Article 60 on the conflict on interest of the Mayor shall apply mutatis mutandis to the
Deputy Mayor.

Article 61
Deputy Mayor for Communities

61.1. There shall be a Deputy Mayor for Communities in those municipalities where at least 10%
of the citizens belong to non-majority communities.

61.2. The Deputy Mayor for Communities shall be elected for the same term of office as the
Mayor.

61.3. The appointment and dismissal of the Deputy Mayor for Communities shall be proposed by
the Mayor and shall get approval of the majority of the municipal assembly members present and
voting and the majority of the municipal assembly members present and voting belonging to the
non-majority communities.

23 61.4. The deputy mayor for communities shall assist the Mayor and provide him/her advice and
guidance to the Mayor on issues related to the non-majority communities.

61.5. When the post of the Deputy Mayor becomes vacant, the Mayor shall appoint a new one no
later than thirty days after the vacancy arises according to the procedures of paragraph 3 of this
Article.

61.6 The Article 59 on the conflict on interest of the Mayor shall apply mutatis mutandis to the
Deputy Mayor for Communities.

Article 62
Municipal Directors

62.1. The municipal administration shall be organized into directorates.

62.2 Each municipal directorate shall be managed by a director who is employed and dismissed by
the Mayor.

62.3 The directors shall manage their directorates in accordance with the strategic and political
strategies of Mayor and in accordance with Laws and municipal applicable regulations.

62.4 Directors shall regularly report to the Mayor for the matters that are under their responsibility
and shall provide him/her all necessary information and reports for the decision-making process.

Article 63
Conflicts of Interest for Directors

63.1. Directors shall be excluded from the decision-making and administrative procedures relating
to any matter in which he or she, or an immediate family member of his or hers, has a personal or
financial interest.

63.2. Directors are required to present in written any conflict of interest immediately after such
conflict arises.

63.3. The statute and rule of procedure includes the measures that should be taken to exclude
directors from the decision-making and administrative procedures where they have a conflict of
interest.

Article 64
Removal from the Office

64.1. Municipal Mayor may be suspended from the office by a decision of the Government of
Republic of Kosova within thirty (30) days, if it considers that the Mayor has violated the
Constitution and the applicable laws.

64.2. If the ministry responsible for local government considers that the conditions for the
suspension of the Municipal Mayor are met, it shall recommend the suspension of such Mayor to

24 the Government of Republic of Kosova. The Government of Republic of Kosova may suspend the
Municipal Mayor (for up to 30 day) by a decision and submit the case to the Constitutional Court.

64.3 If the Constitutional Court upholds the decision; the Government shall remove the Mayor
from the office.

CHAPTER VIII
MUNICIPAL ADMINISTRATION

Article 65
Municipal Civil Service

65.1. The municipal civil service shall consist of all the persons employed by a municipal authority
whose salary is paid by the Budget of Republic of Kosova except:

a) mayor, deputy mayor/s and municipal directors;
b) chairperson, deputy chairperson/s and all the members of Municipal Assembly;

65.2. Municipal directors, directors of institutions and enterprises under the authority of the
municipality and the civil servants of the administration of the municipality shall not be members
of the Assembly of Republic of Kosova or of the municipal assembly of the municipality where
they work.

65.3. Elections for a Municipal Assembly shall not constitute a cause for reconsidering
appointments of civil servants.

Article 66
Municipal Administration and the Head of Personnel

66.1. The municipal administration shall be organized into directorates. Each municipal directorate
shall be managed by a director. Municipal Directors shall be employed and dismissed by the
Mayor.

66.2. The municipal administration shall have a Head of Personnel.

66.3. The Mayor shall announce the post, recruitment and dismissal of the Head of Personnel in
accordance with the applicable law on civil service.

66.4. If the position of the Head of Personnel becomes vacant, the Mayor shall appoint in an acting
capacity a senior member of the municipal civil service.

66.5. Within sixty (60) days, the Mayor shall recruit a new Head in accordance with 65.2 above.

25 Article 67
Conflicts of Interest

A municipal administration employee shall be excluded from the decision-making and
administrative procedures relating to any matter in which he or she, or an immediate family
member of his or hers, has a personal or financial interest.

CHAPTER IX
DIRECT DEMOCRACY AND CITIZEN PARTICIPATION MECHANISMS

Article 68
Public Information and Consultation

68.1. Each municipality shall hold periodically, at least twice a year, a public meeting at which any
person or organization with an interest in the municipality may participate. The date and place of
the meeting shall be publicized at least two weeks in advance. One of the meetings shall be held
during the first six months of the year.

68.2. At the meeting municipal representatives shall inform participants about the activities of the
municipality and participants may ask questions and make proposals to the elected representatives
of the municipality.

68.3.In addition to the public meetings noted above, Municipalities are obliged to inform the
citizens of the Municipality of any important plans or programs of public interest, which shall be
regulated by the Municipal Statute.

68.4. The Municipal Assembly shall adopt municipal regulation promoting the transparency of the
legislative, executive and administrative bodies of the municipalities, enhancing the public
participation in the decision making at the local level, and facilitating the public access to official
documents of the municipalities. The ministry responsible for local government may issue
administrative instructions on municipal transparency.

68.5. Any person may inspect any document held by the Municipality, unless such disclosure is
restricted in accordance with the Law on Access to Official Documents.

Article 69
Right of Petition

Any person or organization with an interest in the municipality shall have the right to present a
petition to the Municipal Assembly about any matter relating to the responsibilities and powers of
the municipality. The Municipal Assembly shall consider the petition in accordance with its
Statute and Rules of Procedure.

26 Article 70
Citizens’ Initiative

70.1. The citizens may take initiative to propose regulations, within the competencies of the
municipality, for adoption by assembly or by a vote of the citizens in accordance with the
applicable law.

70.2. The proponents shall submit a draft of the proposed regulation to the Chairperson of the
Municipal Assembly.

70.3. The draft regulation proposed shall be signed by 15% of the registered voters for
consideration by the Municipal Assembly.

70.4. The Municipal Assembly is obliged to consider the proposed the regulation and take action
upon it within 60 days of the receipt.

Article 71
Referendum

71.1. The citizens of a municipality may request that a regulation of the Municipal Assembly
adopted by the Municipal Assembly, be submitted to a referendum by the citizens.

71.2. The request must be submitted to the Chairperson of the Municipal Assembly within 30 days
from the date of adoption of the regulation and must be signed by 10% of the registered voters.

71.3. The Municipal Assembly shall consider and act upon the request within the thirty days after
the receipt of a valid petition in accordance with applicable law.

Article 72
Recall of the Mayor

72.1. The citizens of a municipality may take the initiative to remove a mayor from the office

72.2. A request to this effect shall be signed by twenty (20) percent of the registered voters and
shall be submitted to the Chairperson of Municipal Assembly who shall refer the matter to the
appropriate institution for the administration of voting.

72.3. If the majority of the registered voters vote in favor of the Mayor’s removal, new mayoral
elections shall take place in accordance with the law on elections.

Article 73
Consultative Committees

73.1. The Municipal Assembly shall establish consultative committees within sectors for the
purpose of enabling citizen participation in the decision making process.

73.2. The membership of the committees shall include citizens and representatives of
nongovernmental organizations.

27 73.3. The consultative committees may submit proposals, conduct research and provide opinions
on municipal assembly initiatives in accordance with the Municipal Statute.

CHAPTER X
RELATIONSHIPS BETWEEN CENTRAL AND LOCAL GOVERNMENT

Article 74
Objectives of the Administrative Review

The administrative review of the municipalities has the following objectives:

a) to strengthen the ability of the local self-government bodies to fulfill their responsibilities
through advice, support, and assistance;
b) to ensure the lawfulness of the activities of local self-government bodies; and
c) to ensure that the rights and interest of citizens are respected.

Article 75
Basic Principles of the Administrative Review

75.1. The administrative review of municipalities shall only be exercised in accordance with
Constitution and law.

75.2. No prior review can be exercised unless otherwise provided by this law.

75.3. Administrative review shall have as minimal as possible impact on the interests of local self-
government and may not limit the right of local authorities to manage the affairs falling in the
scope of their powers in accordance with the law.

75.4. The intervention of the supervisory authority shall be proportional to the importance of the
interests which it intends to protect.

Article 76
Supervisory Authorities

76.1. The ministry responsible for the local government is the supervisory authority unless; the
responsibility for the review of municipalities is assigned by law to the responsible ministry or
institution with respect to a specific field.
76.2. The review of the delegated competencies is exercised by the body of central government
which has delegated them.

Article 77
Mutual Responsibilities in the Process of Administrative Review

77.1. Municipal and supervisory authorities are obliged to cooperate with each other in the process
of administrative review.

28 77.2. All measures of review shall be taken by review authorities through the relevant legal acts.
Such acts shall state the legal basis and explain the reasons for the application of a certain review
measure.

Article 78
Rights of Supervisory Authorities to be informed

78.1. The supervisory authority has the right to receive and obtain full information on all matters
concerned, including the right to visit the municipal offices and municipal facilities and to request
access to municipal documents. The Mayor shall be responsible for making this information
available to the supervisory body.

78.2. During such visits, the representatives of the supervisory body shall not give direct
instructions to the staff of the local self-government bodies. Any request for documents shall be
addressed to the local government body and the transmission of the documents shall be ensured by
the Mayor in accordance with paragraph 1 of Article 77 of this Law.

78.3. The ministry responsible for the local government has the right to be regularly informed by
the municipalities on the areas of which the ministry it is not the supervisory authority.

Article 79
Types of Review

79.1. Review over the operation of municipalities in the area of own and enhanced competencies
shall be limited to review of the legality.

79.2. The administrative review over the operation of municipalities in the area of delegated
competences shall include review of the legality and expediency of actions.

Article 80
Regular Review of Legality

80.1. The Mayor of a municipality shall forward to the supervisory authority by the 10 th of each
month, a list of all acts adopted by the Mayor and the Assembly in the previous month.

80.2. The supervisory authority shall have the right to supervise any act, which had not been
controlled under the procedure of mandatory review, within 30 days upon the receipt of the list
mentioned in paragraph 1 of this Article.

Article 81
Mandatory Review of Legality

81.1. The following acts shall be subject to the procedure of mandatory review of legality;

a) general acts adopted by the municipal assemblies;
b) decisions related to the joining and activities of the cooperative partnerships;

29 c) acts adopted within the framework of the implementation delegated competencies;

81.2. All municipalities are obliged to submit to the supervisory body all aforementioned acts
within 7 days from the day of issuance.

81.3. The acknowledgement of receipt by the supervisory body on the submitted act of the local
government body is certified through its registration in the protocol office of the supervisory body.

81.4. Supervisory body is obliged to give its opinion on the legality of any registered act within 15
days from its receipt in accordance with the aforementioned procedures.

Article 82
The Procedure for the Review of Legality

82.1. If the supervisory authority considers a decision or other act of a municipality to be
inconsistent with the Constitution and laws, it may request that the municipality reexamine such
decision or act. The request shall state the grounds of the alleged violation of the Constitution or
law and shall not suspend the execution of the municipal decision or other act at issue.

82.2. The municipal body shall respond to request for re-examination within 30 days of
notification of receipt of such request.

82.3. If the municipal body accepts the request for re-examination, it may suspend the execution
of the contested decision or act pending the deliberation by the municipal authorities.

82.4. If the municipal body fails to respond within the deadline or rejects the request or upholds the
contested decision or act, the supervisory authority may challenge the act in question in the District
Court competent for the territory of the municipality within 30 days following the failure to
respond, notification of the rejection or the upholding of the contested decision or act.

82.5. The District Court may order, by interim measure the suspension of the application of the
contested decision or act or other temporary acts in accordance with the applicable law.

Article 83
Request for Preliminary Consultation

83.1. Prior to the issuance of an act, a municipal body may request consultation with a supervisory
body.

83.2. The request for preliminary consultations shall contain a draft of the act intended to be issued
and the specific issue for which the advice of the supervisory body is requested with respect to the
legality and/or reasonability of the act in question.

83.3. Supervisory authority is obliged to respond in writing within 30 days after the receipt of the
request.

30 Article 84
Review of Expediency

84.1. The supervisory authority responsible for exercising review over the delegated competencies
shall have the right to request, within 30 days of reception of a copy of the an act, that the
municipal body modify or repeal the contested act on the basis of expediency considerations.

84.2. If the municipal body fails to act accordingly, the supervisory body responsible for exercising
review over the expediency may modify, replace the act or suspend the execution of a municipal
decision or other act.

84.3. The supervising authority shall inform the municipal body of such decision within five (5)
days of adoption of the decision.

Article 85
Complaints of citizens

The complaints of citizens against an administrative act of the municipal organs shall be reviewed
in accordance with Law on Administrative Procedure.

Article 86
Publicity of the Administrative Review

86.1. The ministry responsible or local government shall submit to the Government and to the
Assembly of Republic of Kosova, by the end of March of each year, an annual report about its
activities relating to the review of municipalities carried out in the previous year up to the end of
March each year.

86.2. The report shall be made available to the public.

CHAPTER XI
TRANSITIONAL AND FINAL PROVISIONS

Article 87
Repeal of Previous Legislation

Upon the entry into force of this law all prior legislation governing the Law on Local Self-
Government shall be abrogated.

Article 88
Approximation of Legislation

No later than six (6) months after the entry into force of this law, all prior legislation and rules
shall be harmonized with the provisions of this law.

31 Article 89
Sub-legal Acts

All the sub-legal acts required by this law shall be issued no later than six (6) months after the
entry into force of this law,

Article 90
Entry into Force

The present Law shall enter into force upon adoption by the Assembly of Republic of Kosova and
its publication in the Official Gazette.

Law Nr. 03/L-040 President of the Assembly of Republic of Kosova
20 February 2008 _______________________
Jakup KRASNIQI