Besnik Osmani : “We are bound by the Constitution and laws to ensure that municipalities are providing quality services to the citizens as well find other legal solutions for all those municipalities who fail to deliver these services” 22 March 2015, Prishtinë/Priština
Besnik Osmani : “We are bound by the Constitution and laws to ensure that municipalities are providing quality services to the citizens as well find other legal solutions for all those municipalities who fail to deliver these services”
“The process of establishment of new municipalities must be treated in a particular way. It must also be subjected to a number of constitutional and legal obligations, and more particularly, the strategic orientations of the Strategy on Local Self-Government (2016- 2026)” General Secretary of the MLGA Mr. Besnik Osmani said at the interview given to the Radio Television of Kosovo.
Regarding the recent debate over the establishment of new municipalities, in particular establishment of the municipality of Prilluzha, the General Secretary Besnik Osmani said that their requests and initiatives are legitimate. However, this issue can be perceived in different ways. A certain geographical territory within Kosovo may have a better administrative and economic perspective if organized as local government unit. This process is managed by the Ministry of Local Government Administration and all requests are treated in the legal, administrative and financial aspect.
The best way to implement this process is through a strategic approach based on long-term Strategy on Local Self-Government (2016-2026) of MLGA, which defines the strategic orientations over the next 10 years said Mr. Osmani, stressing that the process must be based on good development trends. "We should also consider the regional trends, such as orientations of the region, information technology, on-line services and efficiency of administration, which guides us towards a smaller number of municipalities in the future. I believe that these four principles will be considered by the government regarding the establishment of new municipalities," Mr. Osmani said.
Regarding the current organisation of local government, Mr. Osmani said that Kosovo currently has municipalities that lack economic and financial sustainability, i.e. small rural municipalities that are economically underdeveloped, and as such are becoming burden to governmental grants. The solution that the Strategy on Local Self-Government has provided is to ensure a fundamental reorganisation of local governance, by placing the emphasis on handling the local governance system in urban municipalities and municipalities in smaller units, more than in the administrative sense.
The current trends show that we will have less municipalities, which in fact means establishment of new municipalities, which will be based on the Strategy on Local Self-Government, as well as the procedures and criteria for the establishment of new municipalities set forth in the applicable legislation, one of which is the citizens’ opinion. "The consent of the community is a fundamental requirement for the establishment of a new municipality. So, the request should not come only from that part, but from all the citizens" General Secretary Besnik Osmani said.
General Secretary Osmani has also spoke about the functioning of new municipalities established during the decentralization process. He said that this issue is regulated by the Constitution of Kosovo and that the local government units are based on the principle of subsidiarity, based on the fact that Kosovo has considered the concerns of communities in the most affirmative waypossiblethrough establishment of five Serb majority municipalities in Kosovo. The decentralization was used as a momentum also with regards to the integration of communities within the legal system and overall social system in Kosovo.
The annual reports on municipal performance indicate that some municipalities function excellently and some of them have managed to sustain themselves and remain sustainable. However, it does not mean that these municipalities will bankrupt in the future. On the contrary, the manner of their financing and how they will continue to function will be tackled by a fiscal policy. “We are bound by the Constitution and laws to ensure that municipalities are providing quality services to the citizens as well find other legal solutions for all those municipalities who fail to deliver these services” Mr. Osmani said.
Mr. Osmani explained that big and middle sized municipalities have more economic activities, and therefore have achieved to fulfil their functions very well, while suburban municipalities that lackfiscal, human and professional capacity couldn’t fulfil the administrative needs, create effective administration and take the responsibility for the implementation of hundreds of law at the local level. These municipalities are small suburban municipalities that failed to justify themselves. These municipalities are mainly those that have been established recently, as well municipalities that have been inherited from the previous system.
As for the process of functional review of municipalities, Mr. Osmani said that Kosovo is obliged to treat the local government in compliance with the Constitution and the Law on Administrative Boundaries. Neither the Ministry, nor the Government is responsible to decide about the establishment of cessation of one municipality. It is the Parliament of Kosovo, with its majority of votes, because the Law on Administrative Boundaries belongs to group of laws of vital interest.
However, Mr. Osmani said that the whole process of establishment of new municipalities, should be based on certain principles that are important for the functioning of municipalities, such as efficiency and effectiveness, the principle of transparency, the principle of stability and subsidiarity. According to Mr. Osmani this means that the functions and powers must be oriented in prior consultation with citizens, who may initiate the establishment of municipalities or changing the administrative boundaries of municipalities. According to the Strategy on Local Self-Government such possible change could be made after five years, unless the government decides to change this Strategy.
General Secretary Osmani said that the purpose of government is to handle all the requests of citizens for the establishment of new municipalities, and that the local governance in Kosovo should be seen from the perspective of development. There is no place for new experiments, but the whole system must be oriented towards integration into the European Union and full implementation of the European Charter of Local Self-Government and SAA obligations.
"The current situation doesn’t allow Kosovo to experimentwith local government system. According to SAA, which was signed and agreed between the Kosovo institutions and the European Union, Kosovo is obliged to fully implement the European Charter of Local Self-Government and European directives. Therefore, each request must be dealt within the framework of integration into the European Union," General Secretary Besnik Osmani said.