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 of their enactments and activities, the protection of local selfgovernment 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 of the 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 city and the City of Belgrade (hereinafter: unit of local selfgovernment). Foreign citizens can have certain rights in achieving local selfgovernment under the conditions and in the manner set by law. 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 and the Statute of unit of local self-government. Article 4 The Republic of Serbia can, by law, entrust the units of local self-government certain matters from its competence. The autonomous province can entrust by a Decision to units of local self-government certain matters from its competence. The assets for carrying out entrusted competences shall be provided for by the Republic of Serbia or the autonomous province, depending on which entity has entrusted the competence. Article 5 In performing its duties, the unit of local self-government is enacting regulations independently, in keeping with its rights and obligations provided for by the law, other regulations and the Statute. The rights and obligations of the unit of local self-government in performing entrusted competences and powers of the Republic of Serbia and autonomous provinces in the oversight of performing entrusted competences are provided for by the law. Article 6 The unit of local self-government shall carry out the entrusted competences in a quality and efficient manner. In carrying out its competences, the unit of local selfgovernment can be limited only in cases and under the conditions set by law, in keeping with the Constitution.

Article 7 For the purpose of realizing its rights and providing for the needs of the local population, the unit of local self-government can set up companies, institutions and other organization carrying out public services, in keeping with the law and the Statute. The unit of local self-government can by a contract, in keeping with the principles of competition and transparency, entrust a legal or natural person the performance of the tasks from paragraph 1 of this Article. Article 8 For the purpose of providing for general, common and daily needs of the population in a certain area, units of local selfgovernment can set up local communities or other forms local self-government, in keeping with the law and the Statute. Article 9 The relations of government bodies and territorial autonomy bodies with the bodies of local self-government units are based on the rights and obligations set by the Constitution and the law. Article 10 The local self-government enjoys legal protection in keeping with the Constitution and the law. Article 11 The highest legal enactment of units of local self-government is the Statute.

The Statute particularly governs: the rights and duties of units of local self-government and the manner of their realization, the number of deputies of the assembly of the local selfgovernment 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 a citizens initiative and other matters of importance of the local self-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 and programs of development, as well as other needs of common importance and for the purpose of realizing the aforesaid matters, they can join resources and set up common bodies, companies, institutions and other organizations and departments, in keeping with the law and the Statute. Units of local self-government can cooperate with local selfgovernment units of other states, in the framework of the foreign policy of the Republic of Serbia, respecting the territorial 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 a cooperation agreement respectively with a foreign unit of local self-government is enacted by the assembly of the local selfgovernment unit, with the approval of the Government.

Units of local self-government can set up their association, in keeping with the Constitution and the law. Bodies of local self-government units can cooperate with nongovernmental organizations, humanitarian and other organizations, in the interest of the local self-government units and the local population. Article 14 The unit of local self-government can have its symbols and holiday, in keeping with the law and the Statute. Article 15 The funding of local self-government, as well as the conditions and the procedure under which units of local selfgovernment 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 selfgovernment Article 16 The territory and the Seat of units of local self-government are provided 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 will be held. Article 17 The territory of the unit of local self-government consists of the area of one or more agglomerations and cadastre municipalities respectively, which are included in the unit of local self-government. The territory for which a unit of local self-government is founded represents a natural, geographic and economically connected 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 selfgovernment is realized and which is capable, independently and through its bodies, of carrying out all rights and obligations from its competence and which has no less than 10.000 inhabitants. Municipalities that were founded prior to the cessation of the validity 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 10.000 inhabitants can be founded. Article 19 The Municipality shall provide more closely for the manner, conditions and forms of carrying out the rights and obligations from its competence.

2.1.1. The competence of the Municipality Article 20 The Municipality, through its bodies, in keeping with the Constitution 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 the amount of local duties and fees; 5) regulates and provides for the carrying out and the development 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 and suburban transportation of passengers in land transportation, maintenance of cleanliness in towns and agglomerations, waste depots management, organizing, maintenance and use of open markets, parks, green, recreational and other public

areas, public parkings, public lighting, management and maintenance of cemeteries and burial, etc.), as well as organizational, material and other tasks for their performance; 6) Looks after the maintenance of apartment buildings and the safety of their use and sets out the amount of the fee for maintenance of apartment buildings; 7) Implements the procedure for the eviction of unlawfully settled persons in apartments and common premises in apartment buildings; 8) enacts programs of organizing construction land, governs and provides for the organization and use of construction land and sets out the amount of the fee for organizing and use of building land; 9) Enacts programs and implements projects of local economic development and takes care of improvement of the general framework for business in the unit of local selfgovernment; 10) arranges and provides for the use of business space, the management thereof, sets out the amount of the fee for using business space and performs oversight of the use of business space; 11) takes care of the environment, enacts programs of using and protecting natural wealth and environmental programs, local action plans and sanation plans, in keeping with strategic documents and their interests and specific features and set out a special fee for the protection and the improvement of the environment; 12) arranges and provides for the performance of tasks related to the building, rehabilitation and reconstruction,

maintenance and protection, use, development and management of local and uncategorized roads, as well as streets in the agglomeration; 13) Arranges and provides for the special conditions and organization of taxi transportation of passengers; 14) arranges and provides for the organization of transportation in liner shipping on the territory of the Municipality and sets out the parts of the banks and water space on which hydro-construction facilities can be built and navigable vessels placed; 15) Sets up commodity reserves and sets out their volume, structure, with the consent of the competent ministry, aiming at meeting the needs of the local population; 16) sets up institutions and organizations in the area of primary education, culture, primary healthcare, physical culture, sports, children protection and tourism, monitors and provides for their functioning; 17) sets up institutions in the area of social protection and monitors and provides for their functioning, grants licenses for the start of the work of social protection institutions founded by other legal and natural persons, determines the compliance with the conditions for providing social protection services, sets out the norms and standards for the carrying out 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 social protection related rights and carries out the duties of state caretaker.

18) organizes the performance of activities related to the protection of cultural monuments of importance for the Municipality, encourages the development of cultural and artistic creation, provides for the assets for financing and cofinancing 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 which it is the founder; 19) Organizes the protection from natural disasters and other major calamities, as well fire protection and creates conditions for their removal and alleviation of their consequences; 20) enacts the basics of protection, use and organization of agricultural land and provides for their implementation, sets out erosive areas, provides for pasture management and decides 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 tourism on 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 the working hours of places where certain activities can be carried out and other conditions for their work;

25) Manages the assets of the Municipality and uses the assets in state property and takes care about their preservation and increment; 26) Provides for and organizes the carrying out of activities related to keeping and protection of domestic and exotic animals; 27) Organizes legal protection of its rights and interests; 28) Sets up bodies, organizations and departments for the needs of the Municipality and provides for their organization and activities; 29) helps the development of different forms of selfassistance and solidarity with persons with special needs, as well as persons which are essentially unequal to other citizens and encourages activities and provides assistance to disabled persons organizations and other social and humanitarian organization 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 national minorities and ethnic groups; 33) Sets out the languages of national minorities in official use on the territory of the Municipality; 34) looks after public informing of local importance and provides for the conditions for public informing on Serbian language and the language of national minorities used on the territory 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 on the language of national minorities that is not in official use, when such reporting constitutes the achieved level of minority rights; 35) Determines the infractions of breaching municipal regulations; 36) Sets up inspection departments and performs inspection oversight of the compliance with regulations and other general enactments 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 interest of the citizens, in keeping with the Constitution, law and Statute.

2.1.2. Entrusting public competences Article 21 Certain public administration tasks can be entrusted by law to all or certain municipalities, in the interest of a more efficient and streamlined realization of the rights and obligations of citizens and fulfilling their needs of direct interest for life and work.

The resources for the performance of entrusted tasks are provided for in the budget of the Republic of Serbia, according to the type and volume of the concerned tasks. Article 22 The Municipality carries out as entrusted tasks certain inspection oversight tasks from the area of education, healthcare, environment protection, mining, trade of goods and services, agriculture, water management and forestry, as well 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 the law, which represents an economic, administrative, geographical and cultural center of a wider area and has more than 100.000 inhabitants. As an exception, in case of special economic, geographical and historical reasons, the aforesaid territorial unit with less than 100.000 inhabitants can be declared a City. The territory for which the City is declared represents a natural geographical entity and an economically connected area with developed communication between agglomerations and the seat of the city as a gravity center. The provisions of this law pertaining to the Municipality shall also apply to the City, if not provided for otherwise by this Law. Article 24

The City carries out the competences of the Municipality, as well as other competences and tasks of the public administration entrusted to it by law. The City, in keeping with the law, sets up the Public Utility Police, provides for and organizes the performance of the tasks of the Public Utility Police. Article 25 The Statute of the City can provide for the setting up, on the territory of the City, of two or more city municipalities. The Statute 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 the Municipality, the Speaker of the Municipality, the Municipal Council and the Municipal Administration. 3.1.1. The Assembly of the Municipality

Article 28 The Assembly of the Municipality is the highest body of the Municipality carrying out functions of local government set out by the Constitution, law and the Statute. The Assembly consists of deputies elected by the citizens on direct elections and by secret vote, in keeping with the law and the Statute of the Municipality. The Assembly of the Municipality is considered constituted when the Speaker of the Assembly is elected and the Secretary of the Assembly is appointed. Article 29 The number of deputies in the Assembly of the Municipality is set out in the Statute of the Municipality, but it shall be no less than 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 the Municipality. If the employee of the Municipal administration is elected for deputy, his work-related rights and obligations shall be suspended 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 units of local self-government, the function to which such persons have been appointed and/or designated. Regulations governing the prevention of the conflict of interest in carrying out public functions are not excluding the

application of the provisions of this Law about the tasks set out 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 the application of the law governing the protection of election rights 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 the Municipality; 3) Sets out the rates of source revenues of the Municipality, as well as the manner and the criteria for setting out the amount of local duties and fees; 4) Enacts the program of development of the Municipality and certain 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 decision about self-contribution; 8) Sets up departments, public companies, institutions and organizations provided for by the Statute of the Municipality and performs oversight of their work; 9) appoints and dismisses the Steering and Oversight Committee, appoints and dismisses the directors of public companies, 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 and the Deputy-Speaker of the Assembly; 11) Appoints and dismisses the Secretary of the Assembly; 12) Elects and dismisses the Speaker of the Assembly and, at the proposal of the Speaker of the Assembly, elects the Deputy Speaker of the Municipality and the members of the Municipal Council; 13) Provides for municipal fees and other local income belonging to the Municipality by law; 14) Sets out the fee for organizing and using construction land; 15) Enacts an Enactment on Public Sector Borrowing by the Municipality, in keeping with the law, governing the public debt; 16) Provides for the working hours of catering, trade and handicraft stores;

17) Provides opinion about the Republic, provincial and regional 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 and other 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 the session is attended by the majority of the total number of deputies. Decisions are enacted by the majority of the votes of the attending 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 total number of deputies. Article 34 The session of the Assembly of the Municipality is convoked by the Speaker when needed and no less than once every three months. The Speaker of the Assembly is obliged to convoke the session at the request of the Speaker of the Municipality, the Municipal Council or one third of the deputies, within seven days 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 from the day of the submission of the request.

If the Speaker of the Assembly fails to convoke a session in the term referred to in paragraph 2 of this Article, the session can be convoked by the requester of the request and it will be chaired by the deputy appointed by the requester of the request. The Speaker of the Assembly can postpone the session he/she has convoked in case of lack of the necessary quorum and in other cases the postponement of the session shall be decided 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 to be open to the public for reasons of security or other reasons provided for by the law. Article 36 The Assembly of the Municipality sets up standing or temporary working bodies for considering issues from the competence of the Assembly of the Municipality. Working bodies provide their opinion of draft regulations and decisions enacted by the Assembly of the Municipality and carry out other tasks set out by the Statute of the Municipality. The number of working bodies, the election, rights and duties of the Chairman and members of the working bodies are set out by the Statute of the Municipality. Article 37

The deputy can not be held criminally accountable, detained or 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 its sessions 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 at least one third of the deputies, from the ranks of the deputies, for a mandate of four years, by secret vote and by a majority of voting deputies of the Assembly of the Municipality. The Speaker of the Assembly can be dismissed prior to the expiry of his mandate in the same manner he/she has been elected. The Speaker of the Assembly can be employed full time in the Municipality. Article 39 The Speaker of the Assembly has a Deputy replacing him in case of absence or incapacity to carry out his/her duties. The Deputy Speaker of the Assembly is elected and dismissed in the same manner as the Speaker of the Assembly. Article 40

The Assembly of the Municipality has a Secretary attending to the performance of expert tasks related to the convocation and sessions of the Assembly of the Municipality and its working bodies and manages administrative affairs in relation to their activities. The Secretary of the Assembly is appointed, at the proposal of the Speaker of the Assembly, for a four-year mandate and can be reappointed. The Secretary of the Assembly can be a designated person with a law school diploma, who has passed the expert exam for working in the public administration and with no less than three years of work experience. The Assembly of the Municipality can, at the proposal of the Speaker, 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 is appointed and dismissed in the same manner and under the same 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 by its Rules of Procedure.

3.1.2. Executive Bodies of the Municipality

Article 42 The executive bodies of the Municipality are the Chairperson of 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 replacing him/her in case of absence and incapacity to carry out his/her duty. The Speaker of the Assembly Municipality proposes the candidate for Chairperson of the Municipality. The candidate for Chairperson of the Municipality proposes the candidate for Deputy Chairperson of the Municipality from the ranks of the deputies, elected by the Assembly of the Municipality in the same manner as the Chairperson of the Municipality. 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 are elected to the aforesaid functions. The Chairperson of the Municipality and the Deputy Chairperson of the Municipality are employed full time in the Municipality.

Article 44 The Chairperson of the Municipality: 1) Represents and stands for the Municipality; 2) Proposes the manner of dealing with the issues decided upon by the Assembly; 3) Orders the execution of the budget; 4) Directs and coordinates the work of the municipal administration; 5) Enacts individual enactments for which he/she is authorized 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 the Municipality, the Deputy Chairperson of the Municipality, as well as the members of the Municipal Council the number of which is provided for by the Statute of the Municipality and which are elected by the Assembly of the Municipality for a four-year mandate, by secret vote and by a majority of voting deputies. The candidates for members of the Municipal Council are proposed by the candidate for Chairperson of the Municipality. When deciding upon the election of the Chairperson of the Municipality, 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 Municipal Council. 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 by the Assembly of the Municipality at the proposal of the Chairperson 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 same time, but can be in charge of one or several areas from the competence of the Municipality. The mandate of the deputy elected for member of the Municipal 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 and enactments enacted by the Assembly; 2) Directly executes and looks after the execution of decisions and 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 to the beginning of the fiscal year;

4) performs oversight of the work of the Municipal Administration, invalidates or revokes the enactments of the Municipal 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 second instance upon the rights and obligations of citizens, companies, institutions and other organization in administrative matters from the competence of the Municipality; 6) Looks after about the performance of entrusted competences from the framework of rights and duties of the Republic 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 Municipal Council, convokes and runs its sessions. The Chairperson of the Municipality is responsible for the legality of the work of the Municipal Council. The Chairperson of the Municipality shall suspend the implementation of the decision of the Municipal Council he considers is not conformed to the law. The Municipal Council can enact decisions if the session is attended by the majority of its members. The Municipal Council enacts decisions by a majority of the present voting members.

The Municipal Council enacts decisions by a majority of the present voting members unless the law or the Statute of the Municipality provides for some other majority to apply to certain issues. The organization, work and manner of enacting decisions by the Municipal Council are provided for in more detail in the Rules of Procedure of the Municipal Council, in keeping with this 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, at their own initiative or at the request of the Assembly of the Municipality, 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 to the expiry of his mandate, at the meritorious proposal of no less than one third of the deputies, in the same way as he/she was elected. The proposal for dismissal of the Chairperson of the Municipality must be discussed and decided upon within 15 days 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 his dismissal can not propose his/her dismissal again, prior to the expiry of the six months term from the rejection of the previous proposal. Article 50

The dismissal of the Chairperson of the Municipality ends the mandate of the Deputy Chairperson of the Municipality and the Municipal Council. The Deputy Chairperson of the Municipality and the members of the Municipal Council respectively can be dismissed prior to the expiry of their mandate, at the proposal of the Chairperson 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 Deputy Chairperson of the Municipality or member of the Municipal Council, the Chairperson of the Municipality is obliged to submit to the Assembly the proposal for the election of a new Deputy Chairperson of the Municipality or member of the Municipal Council, the Assembly deciding at the same time upon dismissal and election. The Chairperson of the Municipality, the Deputy Chairperson of the Municipality or member of the Municipal Council that have been dismissed or have resigned, shall remain on their functions and carry out current duties, until the election of a new 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 Assemblys executive bodies, whereas they will carry out current duties from their competence until the new Chairperson of the Municipality and the Municipal Council and the Chairman and members of the Temporary Body if the Assembly has been dissolved - take over their duties.

3.1.3. The Municipal Administration

Article 52 The Municipal Administration: 1) Prepares drafts of regulations and other enactments enacted by the Assembly of the Municipality, the Chairperson of the Municipality and the Municipal Council; 2) Executes the decisions and other enactments of the Assembly of the Municipality, the Chairperson of the Municipality and the Municipal Council; 3) Decides in administrative proceedings as a first instance upon the rights and obligations of citizens, companies, institutions and other organization in administrative matters from 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 which has been entrusted to the Municipality; 6) Carries out expert and other tasks set out by the Assembly of the Municipality, the Chairperson of the Municipality and the 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 set up.

Article 54 The Municipal Administration, as a single body, is governed by the Head of the Municipal Administration. Eligible for appointment as Head of the Municipal Administration can be a person with a law school diploma, an expert 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 can be set up. Article 55 When the Municipal Administration is organized in several administrations, the work of the Administration is managed by the Head of the Municipal Administration. Eligible for Head of the Municipal Administration is a person with the appropriate faculty diploma relative to the scope of activity of the Administration; that person must have passed the exam for work in the public administration and no less than five years of working experience in the profession. Internal organizational units for carrying out generic tasks can be set up within the Administration. Article 56

The Head of the Municipal Administration or administrations for particular areas is appointed by the Municipal Council, on the basis of a public advertisement, for a five-year mandate. The Head of the Municipal Administration can have a Deputy replacing him in case of absence and incapacity to carry out his duty. The Deputy Head of the Municipal Administration is appointed in the same manner and under the same conditions as the Head 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, in keeping with the Statute of the Municipality and the Enactment on Organization of the Municipal Administration. Article 58 The Statute of the Municipality can provide for assistants to the Chairperson of the Municipality to be appointed in the Municipal Administration for particular areas (economic development, urbanism, primary healthcare, environment protection, agriculture, etc.). Assistants to the Chairperson of the Municipality launch initiatives propose projects and draw up opinions regarding issues of importance for development in the areas for which they were appointed for and perform other duties set out by the Enactment on Organization of the Municipal Administration.

Assistants to the Chairperson of the Municipality are appointed and dismissed by the Chairperson of the Municipality. There can be no more than three assistants to the Chairperson of the Municipality in the Municipal Administration. Article 59 The Enactment on Organization of the Municipal Administration is enacted by the Assembly of the Municipality at the proposal of the Municipal Council. The Enactment on Internal Organization and Systematization of the Municipal Administration is enacted by the Head of the Municipal Administration, with the approval of the Municipal Council. Article 60 In performing administrative oversight, the Municipal Administration can: 1) Enact a Decision ordering the execution of measures and actions in a certain term; 2) hand down a mandatory fine; 3) Press charges with the competent authority for a criminal offense 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 undertaking measures from the competence of that authority;

6) Undertake other measures it is authorized for by law, a regulation or general enactment. The authority and the organization for carrying out tasks from paragraph 1 of this Article are governed in more detail by the Decision of the Assembly of the Municipality. Article 61 In proceedings before the Municipal Administration involving the rights, obligations and interests of citizens and legal persons, regulations about administrative proceedings are applied. Article 62 The Municipal Council resolves the conflict of authority between the Municipal Administration and other companies, organizations and institutions when on the basis of a Decision by the Assembly of the Municipality they decide about certain rights of citizens, legal persons or other parties, as well as between 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 the rights, obligations and interests of citizens and legal persons can be executed by persons that have the proper qualifications and that have passed an expert exam for work in the public administration and have the required work experience, in keeping with the law and other regulations. Article 64

The exemption of the Head of the Municipal Administration or the Head of the Administration for a particular area is decided upon 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, the City Council and the City Administration. Article 66 The bodies of the City carry out tasks provided for by this Law for bodies of the Municipality, as well as other tasks set out by law and the City Statute. The City Assembly The City Assembly consists of deputies the number of which is set out by the City Statute and that can be no more than 90. The provisions of this Law pertaining to the Assembly of the Municipality 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 Council also apply to the City Council.

The City Administration is set up as a single body or as several 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 the City Administration.

III DIRECT PARTICIPATION OF CITIZENS IN ACHIEVING LOCAL SELF-GOVERNMENT Article 67 The forms of direct participation of citizens in achieving local self-government are: the Civil Initiative, Citizens Assembly and 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 an enactment governing a particular matter from the competence of 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 from paragraph 1 of this Article and to submit a substantiated response to the citizens within 60 days from the day of the receipt of the proposal.

The Statute of the unit of local self-government provides for the number of citizens signatures required for a valid launching 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 unit of local self-government provided for by the Statute. The Citizens Assembly discusses and tables proposals in regard of matters from the competence of bodies of units of local self-government. The Citizens Assembly adopts requests and proposals by a majority 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-government shall within 60 days of the Citizens Assembly consider the requests and proposals of citizens and take a position on such 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 its own initiative, calls for a referendum about matters from its own 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 selfgovernment, 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 turned out for the Referendum. The decision enacted on the Referendum is mandatory and the Assembly of the unit of local self-government can not abolish it or introduce changes and supplement so as to modify its essence within one year from the enactment of the decision. Article 71 The bodies and departments of units of local self-government shall notify the public thought public information outlets or in other appropriate ways. The bodies and departments of units of local self-government shall provide citizens with the necessary data, explanations and information in the process or realization of their rights and obligations. The bodies and departments of units of local self-government shall enable everyone to lodge complaints to their work and inappropriate attitude of the employees. The bodies and departments of units of local self-government shall respond to the aforesaid complaints within 30 days, if the applicant requests a response. IV LOCAL COMMUNITIES Article 72 In order to provide for the needs and interests of the local population, local communities are founded in villages, as well as other forms of local self-government.

Local communities and other forms of local self-government can 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 Assembly decide, considering a previously acquired opinion of the citizens, about the founding of the Local Community, the area for which the latter is to founded, as well as about the abolishment of local communities and other forms of local self-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 local self-government, in keeping with the Statute of the Municipality, the Statute of the City and/or the Founding Enactment, provide for the tasks carried out by the Local Community, 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 budget and/or city, including public self-contribution; 2) Donations;

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 selfgovernment enacts the financial plan approved by the competent authority of the Municipality or the City. Article 76 The Local Community and/or other form of local selfgovernment is a legal person with rights and obligations set out by the Statute and the Founding Decision. Article 77 The Assembly of the Municipality and/or the City Assembly can decide to entrust all or certain local communities and other forms of local self-government the performance of certain tasks from the competence of the Municipality/City providing 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, the work of the Municipal Administration can be organized in local communities. The tasks from paragraph 2 of this Article and the manner and place 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 THE REPUBLIC, TERRITORIAL AUTHONOMY AND THE BODIES OF THE UNIT OF LOCAL SELF-GOVERNMENT

Article 78 The authorities of the Republic, Territorial Autonomy and bodies of the unit of local self-government, aiming at realizing their rights and duties, shall mutually cooperate in keeping with the Constitution, law and other regulations. The authorities of the Republic and the Territorial Autonomy shall perform oversight of the legality of the work and enactments of the bodies of units of local self-government, in keeping with the Constitution and the law. The competent body of the unit of local self-government shall timely deliver to the authority of the Republic and/or Territorial Autonomy, performing oversight of the legality of the work and enactments of the bodies of units of local self-government, the requested information, records and documents. The delivery of the requested information, records and documents shall be the responsibility of the Chairperson of the Municipality and/or the Secretary of the Assembly of the Municipality, if oversight is performed of the work and enactments of the Assembly of the Municipality. Article 79 In carrying out tasks from their competence, the bodies and department of local self-government:
1)

propose initiatives to the authorities of the Republic and the Territorial Autonomy for governing relations of importance for the local self-government and measures for resolving issues from the scope of rights and obligations of units of local self-government;

2)

3)

4)

submit petitions and proposals regarding the actions of the authorities of the Republic and the Territorial Autonomy; request the opinion of the competent authority of the Republic and the Territorial Autonomy regarding the implementation of laws and other regulations directly affecting the development and achieving of local selfgovernment and the work of bodies of units of local selfgovernment; Participate directly or via their associations in drafting laws 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)

2)

inform the bodies and departments of units of local selfgovernment, at their own initiative or at the request of the latter, about the measures undertaken or to be undertaken in executing laws and other regulations, the protection of constitutionality and legality, occurrences breaching the latter and measures for the removal of such occurrences, the realization of the rights of citizens to local self-government, as well as about other matters of direct interests for the realization of the system of local self-government and the work of bodies of units of local self-government; provide expert assistance to bodies and departments of units of local self-government regarding the performance of their duties, in particular in the introduction of the IT system and the informatization of tasks performed by

3)

4)

bodies and departments of units of local selfgovernment; request reports, data and information about the performance 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 work of the authorities of the Republic and Territorial Autonomy in the area local self-government; Perform other tasks in keeping with the law and other regulations. Article 81

The Government shall suspend the execution of a general enactment of the unit of local self-government if it considers such act not to be in agreement with the Constitution or law, by enacting a decision coming into force upon publication in the Official Gazette of the Republic of Serbia ". The decision on the suspension of the execution shall cease to be valid if the Government fails to initiate a procedure for assessing the constitutionality and legality of the aforesaid general enactment within five days from the publication of the decision. 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 selfgovernment with the Constitutional Court, if it considers such enactment not to be in agreement with the Constitution, law or other regulation of the Republic. The competent authority of the Territorial Autonomy shall initiate the procedure from paragraph 1 of this Article if it

considers that such enactment is not in agreement with a Provincial regulation. Article 83 When the ministry in charge of local self-government affairs and/or the competent authority of the Territorial Autonomy considers that a general enactment of the body of a unit of local self-government is not in agreement with its statute, it will point to the aforesaid disagreement to the assembly of the unit of local self-government aiming at undertaking the appropriate measures. If the assembly of the unit of local self-government fails to proceed upon the proposals of the authority from paragraph 1 of this Article, the ministry in charge of local self-government affairs shall initiate a procedure with the Supreme Court of Serbia and at the same time propose to the Government to suspend 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 which no court protection is provided for, is not in agreement with the law or other regulation and/or the decision or other general enactment of the unit of local self-government, the ministry in charge of local self-government affairs and/or the competent authority of the Territorial Autonomy, shall propose to the assembly of the unit of local self-government to cancel or invalidate such enactment. If the assembly fails, within one month, to proceed upon the proposals 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 be dissolved if: 1) The assembly has not held a session for three months; 2) If the assembly has failed to elect the Chairperson of the Municipality and the Municipal Council within a month from the day when the assembly of the unit of local selfgovernment was constituted or the day when it was dismissed or when it resigned; 3) Fails to enact the Statute or the budget in the legally stipulated term. Article 86 The decision on dissolving of the assembly of the unit of local self-government is enacted by the Government, at the proposal of the ministry in charge of local self-government affairs and/or the competent authority of the Territorial Autonomy. The Speaker of the National Assembly shall convoke elections for deputies within two months from the coming into force of the decision on the dissolving of the assembly of the unit of local self-government. The mandate of deputies elected on the elections from paragraph 2 of this Article shall be four years. Until the assembly is constituted and executive bodies of the unit of local self-government are elected, current and

irremissible affairs from the competence of the assembly and the executive bodies of the unit of local self-government shall be carried out by the provisional body of the unit of local selfgovernment consisting of the Chairman and four members. The provisional body of the unit of local self-government is appointed by the Government. The Government enacts a special decision on the appointment of the Chairman and the members of the provisional body, taking into account the political and ethnic composition of the dissolved assembly of the unit of local selfgovernment. Article 87 If in the unit of local self-government elections for deputies are not held or if after the elections the assembly is not constituted in keeping with this Law two months after the elections results have been announced, the Government shall appoint the provisional body from Article 86, paragraph 4 of this Law for the performance of current and irremissible affairs from the competence of the assembly and executive bodies of the unit of local self-government. The Speaker of the National Assembly shall enact the decision on convoking new elections for the assembly of the unit of local self-government within one month from the day when the elections should have taken place or the day when the assembly of the unit of local self-government should have been constituted. The mandate of deputies elected on the elections from paragraph 2 of this Article shall last until the expiry of the mandate of deputies of the assembly the unit of local selfgovernment elected on regular elections.

VI COOPERATION AND ASSOCIATIONS OF UNITS OF LOCAL 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 with other units of local self-government and their bodies and departments in areas of common interest and for the purpose of the realization of such interests can join resources and set up 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 communities and units of local self-government in other countries, in the framework of the foreign policy of the Republic of Serbia, respecting the territorial integrity and legal system of the Republic of Serbia, in keeping with the Constitution and the law. 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 the interests of their members with government authorities and especially in procedures of enacting laws and other enactments of importance for the protection, improvement and 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 law governing setting up and activities of associations.

VII SYMBOLS AND NAMES OF PARTS OF AGGLOMERATIONS IN THE UNIT OF LOCAL SELFGOVERNMENT Article 90 The unit of local self-government shall, independently in keeping with this Law, set out its symbols (coat of arms and flag) and the use thereof. Article 91 The symbols of the unit of local self-government can be displayed only along with state symbols. In the official premises of bodies of units of local selfgovernment only state symbols will be displayed, as well as symbols of national minorities the language of which is in official 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 displayed together along with the symbols of the unit of local selfgovernment in the Autonomous Province and the symbols of the Autonomous Province shall be displayed in official premises of the bodies of the unit of local self-government in

the Autonomous province in accordance with the regulations set out by the Autonomous Province.

Article 92 Different units of local self-government must have different symbols. The contents of the provisions of the statute of the unit of local self-government or its other enactments about the symbols of the unit of local self-government must correspond to historical and genuine facts and the provisions included herein and they must 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 the holidays and decides about names of streets, squares, city quarters, hamlets and other parts of agglomerations on its territory, with the previous approval of the ministry in charge of local self-government affairs. If in the area of the unit of local self-government the language of the national minority is in official use, the National Council shall 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 unit of local self-government or other enactments about holidays or names of parts of agglomerations do not correspond to historical or genuine facts and/if there are offending general and state interests, national and religious feelings and the public morals, the ministry in charge of local self-government

affairs shall refuse, within 60 days of the receipt of the Draft Statute 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 be considered 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 selfgovernment can initiate a procedure for assessing the constitutionality or legality of the law or other general enactment of the Republic of Serbia or Autonomous Province infringing the right to local self-government. Article 96 The body set out by the Statute of the unit of local selfgovernment is entitled to lodge an appeal with the Constitutional Court if a particular enactment or action of the government authority or body of the unit of local selfgovernment prevents the unit of local self-government from carrying out its authority. Article 97 In the unit of local self-government an Ombudsman can be appointed to control the respect of citizens rights, ascertain breaches resulting from enactments, actions or omissions by bodies 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 a decision on appointing a joint Ombudsman. The competence and the authority, actions, appointment and cessation of duty of the Ombudsman shall be governed by the Statute and other general enactment. Article 98 In ethnically diverse units of local self-government a Council for Ethnic Relations shall be set up as an independent body consisting of the representatives of the Serbian people and ethnic 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 one minority 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 the Republic of Serbia. The Serbian people and ethnic minorities accounting for more than 1% of the overall population in the unit of local selfgovernment can have their representatives in the Council for Ethnic Relations. The scope, composition and the election of members, as well as the work of the Council for Ethnic Relations is governed by the decision of the assembly of the unit of local selfgovernment, 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 the Council for Ethnic Relations aims at providing for equal representation of the representatives of the Serbian people and ethnic minorities, whereas neither the Serbian people nor

any minority will have the majority of the members of the Council. In the case of national minorities that have their own elected National Councils, their representatives in the Council shall be elected at the proposal of their National Council. The decisions of the Council for Ethnic Relations are enacted by consensus of the members of the Council. The Council shall notify the assembly of the unit of local selfgovernment about its positions and proposals and the assembly shall pronounce itself on the aforesaid positions and proposals on the first following session and no later than within 30 days. The assembly and executive bodies of the unit of local selfgovernment shall previously submit the proposals of all decisions concerning ethnic equality to the Council for opinion. The Council for Ethnic Relations is entitled to initiate with the Constitutional Court a procedure for assessing the constitutionality and legality of the decision or other general enactment of the assembly of the unit of local self-government if it considers that such provisions or general enactment is directly infringing on the rights of members of the Serbian people and ethnic minorities represented in the Council for Ethnic Relations. The Council will also be entitled to initiate under 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 local self-government with the Statute.

IX INTERIM AND CLOSING PROVISIONS Article 99 On the day of the coming into force of this Law, the Law on Local Self-Government ("Official Gazette of the Republic of Serbia", no. 9/02, 33/04, 135/04 and 62/06 - other law) shall cease to be valid. Article 100 The newly-elected assembly of the unit of local selfgovernment shall conform its statute to the provisions of this Law no later than within 90 days from its constitution. Article 101 The provisions of this Law regarding bodies of the unit of local self-government shall be implemented as of the following elections for deputies of assemblies of units of local selfgovernment. Article 102 A separate law on the Public Utility Police shall be enacted within a year from the coming into force of this Law. Article 103 This Law will come into force on the day of publication in the Official Gazette of the Republic of Serbia".