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Lokalne Samouprave Na Severu Kosova ENG.Pdf Published by Institute for Territorial Economic Development (InTER) For the publisher Dragisa Mijacic Authors Dragisa Mijacic Jovana Jakovljevic Vesela Vlaskovic, PhD Year 2017 This study was written as a part of the project financed through a U.S. Embassy, Pristina grant. The opinions, findings, and conclusions or recommendations expressed herein are those of the Authors and do not necessarily reflect those of the Department of State. Local Self-Governments in North Kosovo TOWERS OF CARDS August 2017 LOCAL SELF GOVERNMENTS IN NORTH KOSOVO CONTENTS CONTENTS 1. INTRODUCTION ........................................................................................................................ 1 2. LOCAL SELF-GOVERNMENTS IN NORTH KOSOVO: A DODGEBALL GAME ..................................... 2 2.1 Introduction ................................................................................................................................... 2 2.2 Local self-governments in North Kosovo ...................................................................................... 2 2.2.1 Local self-governments in North Kosovo during the UNMIK administration (1999 – 2008) .. 4 2.2.2 Local self-governments after Kosovo’s declaration of independence .................................... 6 2.2.3 Brussels Agreement and the changes in functioning of local self-governments in North Kosovo ............................................................................................................................................. 8 2.3 Conclusion ...................................................................................................................................11 3. LEGISLATIVE AND EXECUTIVE POWER IN NORTH KOSOVO MUNICIPALITIES – A ROLLERCOASTER IN TURBULENT POLITICAL CIRCUMSTANCES ................................................................................ 12 3.1 Introduction .................................................................................................................................12 3.2 Assembly in the municipalities in North Kosovo .........................................................................13 3.2.1 Differences in legislation in relation to the Serbian system .................................................15 3.3 Election and responsibilities of the president of the municipality/mayor in the municipalities in North Kosovo .....................................................................................................................................16 3.4 Conclusion ...................................................................................................................................17 4. MUNICIPAL ADMINISTRATIONS IN NORTH KOSOVO – A TWO-HEADED DRAGON IN ONE BODY 18 4.1 Introduction .................................................................................................................................18 4.2 Comparative analysis of the laws on local self-government in Serbia and Kosovo ....................18 4.2.1 Local self-government bodies and their competencies ........................................................18 4.2.2 Organisation of municipal administrations in Kosovo and in Serbia ....................................20 4.3 Municipal administrations in North Kosovo ................................................................................21 4.4 Conclusion ...................................................................................................................................25 5. FINANCING LOCAL SELF-GOVERNMENTS IN NORTH KOSOVO – A DANCE IN SUSPENSE ............. 27 5.1 Introduction .................................................................................................................................27 5.2 System of financing Kosovo’s municipalities ...............................................................................27 5.3 The process of drafting municipal budgets .................................................................................29 5.3.1 Procedures and deadlines for municipal budget drafting ....................................................29 5.3.2 Civic participation in budget proposal drafting ....................................................................31 5.3.3 Analysis of northern Kosovo municipalities’ budgets for 2016 ............................................31 5.4 Annual financial and audit reports ..............................................................................................33 5.5 Conclusion ...................................................................................................................................34 LOCAL SELF GOVERNMENTS IN NORTH KOSOVO ABBREVIATIONS ABBREVIATIONS ECLSG European Charter of Local Self-Government of the Council of Europe FRY Federal Republic of Yugoslavia LLSG Law on Local Self-Government NATO North Atlantic Treaty Organization OSCE Organization for Security and Co-operation in Europe SKGO Standing Conference of Towns and Municipalities UN United Nations UNMIK United Nations Mission in Kosovo LOCAL SELF GOVERNMENTS IN NORTH KOSOVO INTRO 1. INTRODUCTION Serb-majority municipalities in North Kosovo, Mitrovica North/Kosovska Mitrovica,1 Leposavic, Zubin Potok and Zvecan are facing challenges which go far beyond the framework of local self- governments anywhere in the world. Due to persistent refusal to accept the solutions imposed by the UNMIK administration, and later by the Kosovo Government, these municipalities were placed in the centre of political events, primarily for the purpose of their integration into the constitutional and legal system of Kosovo. As a result, the so-called "institutional hybrid" was created in these municipalities, in which they operate according to the laws of Serbia, UNMIK and Kosovo, in accordance with the possibilities in the given circumstances and the political will of the local authorities. In this study, the authors give a comprehensive overview of the institutional changes and functioning of local self-governments in North Kosovo since the signing of the Kumanovo Agreement and the arrival of the UNMIK mission. The study consists of four papers, each covering different segments of the functioning of the observed local self-governments in the complex political and institutional circumstances of North Kosovo. Since the papers are published as separate entities, there is a possibility of repeating certain findings and views. In the first paper, a conceptual analysis was provided with a review of events in the development of the local self-government system in North Kosovo since the arrival of the UNMIK mission. The second paper focuses on the legal framework that defines the authorities and responsibilities of the Municipal Assemblies and the Mayor. The third paper presents the work of municipal administrations in North Kosovo, while the fourth paper analyses the financing of local self-governments. Each paper has its own conclusion, so there is no overall conclusion for the overall study. Additionally, each work was given an intriguing title to illustrate the topic and complexity of the circumstances in which the observed local self-government operate. This study was written as a part of the project financed through a U.S. Embassy, Pristina grant. The opinions, findings, and conclusions or recommendations expressed herein are those of the Authors and do not necessarily reflect those of the Department of State. 1 Mitrovica North was recognised as a separate municipality only after the signing of the Brussels Agreement (2013). In the Serbian system, this municipality is still using the name “Kosovska Mitrovica”, as it was called before the war. 1 LOCAL SELF GOVERNMENTS IN NORTH KOSOVO A DODGEBALL GAME 2. LOCAL SELF-GOVERNMENTS IN NORTH KOSOVO: A DODGEBALL GAME 2.1 Introduction The adoption of the United Nations Security Council Resolution 1244/99, which establishes Kosovo as an international protectorate, created numerous challenges, both positive and negative, and they later had an influence on democratisation, good governance and socio-economic development of the municipalities in Kosovo. Many of those challenges have not been resolved yet, and they are particularly strong in local self-governments in the Serb-majority municipalities in North Kosovo, where there are still different interpretations of the established solutions for legal, institutional and constitutional framework for local self-government units in Kosovo. The situation was additionally complicated after Kosovo’s declaration of independence, since Serb- majority municipalities in North Kosovo did not recognise the legitimacy of the central government in Pristina. After Kosovo declared independence, local elections in those four municipalities were organised within the legal system of the Republic of Serbia with the results not recognised by the Government of Kosovo and international community. With the signing of the Brussels Agreement in April 2013, the conditions were in place for elections for local self-governments in North Kosovo, which would make these municipalities a part of the constitutional and legal system of Kosovo. However, local elections have not solved crucial problems in the functioning of local self-governments faced by these municipalities since UNMIK Mission arrived to Kosovo. This paper provides a historical overview of the development of legislative framework for operations of local self-governments in Kosovo since the signing of the Kumanovo Agreement and arrival of UNMIK Mission, with a special focus
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