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November 10, 2023

MUNICIPAL MAYORS REQUEST THAT THE NEW LAW ON THE USE AND EXCHANGE OF MUNICIPAL IMMOVABLE PROPERTY DOES NOT HINDER LOCAL ECONOMIC DEVELOPMENT

Organized by the Association of Kosovo Municipalities, today, the Council of Municipal Mayors of the Republic of Kosovo has met to discuss the draft law on the use and exchange of municipal immovable property.

The meeting was opened and chaired by the Vice-Chairman of the Association and Mayor of the Municipality of Lipjan, Mr. Imri Ahmeti, who said, “We have gathered for the next Council of Mayors meeting to discuss the Draft Law on the use and exchange of municipal immovable property, which is a very important law for municipalities and local authorities with a focus on local economic development, which has often been an obstacle for municipalities and their activities.

This draft law comes after the Municipal Mayors have continuously requested a review of this legal act. Having our representative as a member of the Working Group, the problems identified by us were presented to the Working Group during the preparation of the draft of this legal act.

In this way, our comments were addressed, and we also discussed them in the Professional Collegiums of the Association. Today, we are here in the Council of Mayors to provide our opinion as the main leaders of the municipalities, as the burden will fall on us in its implementation towards our goals for increasing local economic development.
Therefore, the use and exchange of municipal property should aim for sustainable local development, including economic, social, cultural, and environmental components, and all legal provisions should be drafted in accordance with this new definition of the law’s purpose.

Another issue I would like to emphasize is the determination of general and specific criteria for granting the use of municipal property. The new law will initially define the general criteria for granting the use of municipal property that should apply in every case without exception. Meanwhile, specific criteria will be defined later for each form of granting the use, to ensure differentiation of forms and procedures.

Furthermore, the law will also specify the monitoring of contracts for the use of municipal property, where the new law will establish clear legal obligations for the mayor of the municipality as the bearer of local executive power regarding the management of municipal property, including regular reports on contracts for the use of municipal property throughout the period they have been given for use.

The law will also determine the accountability methods of the municipal executive in relation to the municipal assembly, as the primary authority for the management of municipal property. Legal obligations should also be determined in cases of contract termination when the dynamic plan is not realized.
Regarding the use of municipal immovable property for specific cases, the law will precisely define the exceptional cases that, by their nature, cannot be subject to regular competitive procedures for granting the use of municipal property.

Thus, for these cases, the law will also establish provisions regulating the special procedure for these cases to ensure that the granting of use is in line with the purpose of the law and the general criteria defined by the law.

In the end, the issue of transferring the assets of the Kosovo Privatization Agency to the municipalities will be regulated by the Property Law, and 20% of the compensation for the employees will remain the obligation of the municipalities.
I have only emphasized a few of the issues we can discuss today since a week ago we sent from the Association the new draft law, the old law, and an analysis of the changes between these two documents. – Mayor Mr. Ahmeti said.

Later, Municipal Mayors such as Mr. Perparim Rama – Mayors of Pristina, Mr. Shaqir Totaj – Mayors of Prizren, Mr. Ardian Gjini – Mayors of Gjakova, Mr. Ramiz Lladrovci – Mayors of Drenas, Mr. Ruzhdi Shehu – Mayors of Junik, Mr. Behxhet Xheladini – Mayors of Dragash, Mr. Ilir Ferati – Mayors of Istog, and Deputy Mayors and representatives of municipalities have given concrete proposals and suggestions regarding this draft law.

To finalize the stance of the Municipal Mayors, it was agreed that the disputed points of this draft law will be discussed with the Collegium of Legal Officers so that the representative of the Association of Kosovo Municipalities in the Working Group, Mr. Avni Bytyçi, could present the final stance of local authorities in Kosovo.
The Council of Mayors also discussed the issue of compensating teachers based on qualifications since the Supreme Court has given a legal opinion on the Collective Agreement signed by the Union of Education and the Ministry of Education without consulting the municipalities.

The Municipal Mayors unanimously expressed that teachers deserve these payments, but they should be made by those who have signed or by the Ministry of Finance to find a solution; otherwise, most municipalities will remain without the realization of capital investment projects.

The Council of Mayors also discussed the recommendations of the Association of Kosovo Municipalities regarding the Law on Public Finance.

P.S. The translation into English and Serbian is automated with AI.

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