DOI 10.5644/PI2013-153-00
Co-organizers
Croatian Academy of Sciences and Arts University of Bologna School of Economics and Business, University of Sarajevo – Institute of Economics Sarajevo Faculty of Political Sciences, University of Sarajevo – Centre for the Development of Local and Regional Self-Government Association of Municipalities and Towns of the Federation of Bosnia and Herzegovina Association of Local Authorities of Republic of Srpska
Conference Scientific Board
Academician Božidar Matić Academician Zvonimir Baletić Academician Boris Tihi (president) Academician Muris Čičić (vice president) Mirko Pejanović, PhD, corresponding member of ANUBIH (vice president) Jasmina Osmanković, PhD, Full-time Professor (vice president) Stefano Bianchini, PhD, Full-time Professor Ivan Bićanić, PhD, Full-time Professor Branko Grčić, PhD, Full-time Professor Renzo Daviddi, PhD, Deputy Head of the EU Delegation to BIH Vesna Bojčić-Dželilović, PhD Peter Stanovnik, PhD, Director of the Institute for Economic Research Miroslav Đorđević, PhD, Associate Professor Anto Domazet, PhD, Full-time Professor Veljko Trivun, PhD, Full-time Professor Željko Šain, PhD, Assistant Professor Šaćir Filandra, PhD, Full-time Professor Darko Petković, PhD, Associate Professor Muamer Halilbašić, PhD, Assistant Professor Elmir Sadiković, PhD, Assistant Professor Almir Peštek, PhD, Assistant Professor Vesna Travljanin Aco Pantić Conference Organizing Committee
Mirko Pejanović, PhD, corresponding member of ANUBIH (president) Academician Boris Tihi (vice president) Academician Muris Čičić (vice president) Jasmina Osmanković, PhD (vice president) Amra Avdagić, MSc Belinda Kikić, MA Nerma Tanović
Local Economic and Infrastructure Development of SEE in the Context of EU Accession 3 The Conference was supported by
Federal Ministry of Environment and Tourism Government of the Federation of Bosnia and Herzegovina BH Telecom d.d. Sarajevo JP Elektroprivreda BIH City of Sarajevo Government of the Sarajevo Canton Municipality Centar Sarajevo Municipality Novi Grad Sarajevo Municipality Ilidža Sarajevo Municipality Gračanica ITC d.o.o. Zenica
4 Local Economic and Infrastructure Development of SEE in the Context of EU Accession
CONTENTS
LAW AND POLITICAL ASPECTS OF LOCAL ECONOMIC AND INFRASTRUCTURAL DEVELOPMENT Mirko Pejanović CONSTITUTIONAL AND LEGAL ROLE OF LOCAL AUTHORITIES IN ECONOMIC AND INFRASTRUCTURAL DEVELOPMENT OF MUNICIPALITIES AND CITIES IN BOSNIA AND HERZEGOVINA ...... 25 Josip Kregar, Antonija Petričušić CIVIL SOCIETY: AN INEVITABLE PARTNER IN THE DEVELOPMENT OF LOCAL COMMUNITIES IN YOUNG DEMOCRACIES ...... 45 Veljko Trivun CONSTITUTIONAL AND LEGAL POSITION OF MUNICIPAL AND CITY GOVERNMENTS IN STRATEGIC PLANNING AND PROMOTING LOCAL ECONOMIC AND INFRASTRUCTURE DEVELOPMENT ...... 59 Borče Davitkovski, Elena Davitkovska, Vesna Gočeva INSTITUTIONAL FORMS AND SHAPES IN THE IMPLEMENTATION OF REGIONAL DEVELOPMENT IN THE REPUBLIC OF MACEDONIA .... 79 Elmir Sadiković, Željko Josić ROLE OF MUNICIPAL PREFECTS AND MAJORS IN THE LOCAL ECONOMIC AND INFRASTRUCTURAL DEVELOPMENT ...... 95 Saša Leskovac LOCAL ECONOMIC DEVELOPMENT AND MODERNIZATION OF LOCAL GOVERNANCE IN BOSNIA AND HERZEGOVINA ...... 109
ECONOMIC AND INFRASTRUCTURAL ASPECT OF LOCAL DEVELOPMENT Sofija Adžić FRAMEWORK FOR SUSTAINABLE LOCAL DEVELOPMENT STRATEGY A CASE STUDY OF SERBIA...... 131 Dragan Lončar, Đorđe Kaličanin INTEGRATED METHODOLOGICAL FRAMEWORK FOR FORMULATION AND IMPLEMENTATION OF LOCAL DEVELOPMENT STRATEGY...... 155
Local Economic and Infrastructure Development of SEE in the Context of EU Accession 5 Ensar Šehić, Jasmina Osmanković, Marijana Galić ECONOMIC AND FUNCTIONAL EFFICIENCY OF TERRITORIAL ORGANIZATION OF BOSNIA AND HERZEGOVINA...... 171 Muamer Halilbašić, Emir Agić CONVERGENCE OF LOCAL GOVERNMENT UNITS IN BOSNIA AND HERZEGOVINA...... 181 Marijana Galić, Ensar Šehić COMPETITIVENESS UNITS OF LOCAL GOVERNMENT ...... 191 Elvedin Grabovica THE EFFECT OF CAPITAL CONSTRUCTION OF POWER FACILITIES ON THE ECONOMIC DEVELOPMENT OF LOCAL COMMUNITIES ...... 199 Petar Veselinović, Jasmina Dimitrijević ECONOMIC SITUATION IN THE CITY OF KRAGUJEVAC ...... 217 Jasmina Osmanković, Ensar Šehić, Marijana Galić LOCAL COMMUNITIES AND REFORM OF TERRITORIAL ORGANIZATION: CASE OF BOSNIA AND HERZEGOVINA...... 235 Rahman Nurković INFLUENCE OF TERTIARY ACTIVITIES ON LOCAL AND RURAL DEVELOPMENT IN BOSNIA AND HERZEGOVINA...... 245 Šemsudin Džeko LINKING OF THE URBAN AND RURAL TOURISTIC DIMENSION FOR THE PURPOSE OF INCREASE IN ECONOMIC EFFECT OF TOURISM 259 Emir Kurtović, Senad Softić, Maida Fetahagić, Gordana Memišević STRATEGIC PLANNING AT CANTONAL LEVEL – STEP CLOSER TO EU: CANTON SARAJEVO EXAMPLE ...... 269 Tarik Kupusović, Arijana Huseinović OPPORTUNITIES AND RESPONSIBILITIES OF LOCAL SELF-GOVERNMENT IN ENVIRONMENTAL ASPECTS OF THE EU INTEGRATION PROCESS FOR BIH ...... 283 Alisa Mujkić, Jasmin Jusić, Damir Šaljić EUROPEAN UNION REGIONAL POLICY: LESSONS FOR BOSNIA AND HERZEGOVINA...... 301
FINANCING LOCAL ECONOMIC AND INFRASTRUCTURAL DEVELOPMENT Elena Tagliani PPP TOOLS AS AN INNOVATION ELEMENT FOR THE QUALIFICATION OF THE PUBLIC PROCUREMENT SECTOR IN THE EU POLICY FRAMEWORK FROM A REGIONAL POINT OF VIEW. EMILIA-ROMAGNA POLICY AND A CASE-STUDY, WITH AN ASSESSMENT ON PPPs IMPACTS AND ADDED VALUE AT A REGIONAL SCALE...... 321
6 Local Economic and Infrastructure Development of SEE in the Context of EU Accession Gordana Đurović POTENTIALS OF THE EU PRE-ACCESSION ASSISTANCE IN FINANCING OF LOCAL ECONOMIC AND INFRASTRUCTURE DEVELOPMENT: EXPERIENCES OF MONTENEGRO IN MFF 2007–2013 ...... 343 Maja Bučar THE ROLE OF R&D AND INNOVATION IN LOCAL ECONOMIC DEVELOPMENT...... 365 Izudin Kešetović, Željko Rička FISCAL FEDERALISM AND BORROWING OPPORTUNITIES OF LOCAL COMMUNITIES ...... 383 Fuada Stanković INNOVATION AND ENTREPRENEURSHIP – INVESTMENT IN PEOPLE AND SKILLS...... 401 Andrijana Jovanović THE ROLE AND IMPORTANCE OF THE PUBLIC-PRIVATE PARTNERSHIP IN THE REPUBLIC OF SERBIA IN FINANCING LOCAL ECONOMIC DEVELOPMENT ...... 415 Izet Bajrambašić THE BASE METHODOLOGY TO SAFE IMPLEMENTATION OF PUBLIC PRIVATE PARTNERSHIP ON THE EMERGING MARKET OF THE SOUTH EAST EUROPE ...... 427
LIST OF PARTICIPANTS OF SCIENTIFIC CONFERENCE ...... 437 LIST OF PARTICIPANTS OF FORUM OF MAYORS ...... 442 PROGRAMME ...... 445
Local Economic and Infrastructure Development of SEE in the Context of EU Accession 7
ABOUT ORGANIZERS
Academy of Sciences and Arts of Bosnia and Herzegovina
The Academy of Sciences and Arts of Bosnia and Herzegovina (ANUBIH), arose from the Scientific Society which was established in 1951 by Assembly of the Socialist Republic of Bosnia and Herzegovina, the highest state organ in the country, passing the resolution on foundation of Scientific Society of Bosnia and Herzegovina. Scientific Society as the highest institution in charge of the welfare of scientific life was functioning until the Assembly of the Socialist Republic of Bosnia and Herzegovina passed the Law on the Academy of Sciences and Arts of Bosnia and Herzegovina. The Academy of Sciences and Arts of Bosnia and Herzegovina was founded by this Law, passed in 1966, as the highest scientific and artistic institution on the territory of the state of Bosnia and Herzegovina. Pursuant to this Law, the Academy of Sciences and Arts of Bosnia and Herzegovina was as- signed to take care about the overall development of science and arts, to organize scientific and artistic manifestations, to publish works of its members and Academy’s associates, and to take care about the overall condition and development of science and arts in the country. In its work the Academy is entirely independent and autonomous, and it is managed exclusively by the principles and interests of science and free beliefs of its members.
Bistrik 7, 71000 Sarajevo Bosnia and Herzegovina Phone + 387 33 560 700 Fax + 387 33 560703 E-mail: [email protected] www.anubih.ba http://www.anubih.ba/index.php?option=com_content&view=article&id=46&Itemid=132&lang=en
Local Economic and Infrastructure Development of SEE in the Context of EU Accession 9 Croatian Academy of Sciences and Arts (HAZU)
In 1860, Josip Juraj Strossmayer, bishop of Đakovo and Srijem, took action to found a South Slavic Academy in Zagreb. He presented Josip Šokčević, the ban (Vice-Roy of Croatia), with a 50,000 florin endowment for the founding of the Academy. He also sent a letter expressing his wish that the Academy should “bring together the best minds (...) and find a way in which books in the national languages could be produced in the Slavic South; the Academy should also take under its aegis all the areas of human science”. The Academy issue was officially raised by Bishop Strossmayer at the Croatian Parliament session held on 29 April 1861. Following the bishop’s proposal, the Parliament immediately elected a committee to draw up a statute for the Academy, and define its aims and organization. It was only five years later, on 4 March 1866, that the rules of the Academy, in a considerably changed form, were finally confirmed by Francis Joseph I, Emperor of Austria and King of Hungary. These remained unchanged until the beginning of World War II. During the existence of the Independent State of Croatia (1941-1945), the name of the Academy was changed to the Croatian Academy of Sciences and Arts; in the Socialist Republic of Croatia it resumed its activities under the for- mer name of the Yugoslav Academy of Sciences and Arts. The Academy consists of honor- ary, full, corresponding and associate members. The Academy initiated its activities in 1866 with 16 full members. The Croatian Academy of Sciences and Arts has organized over one hundred scientific meetings and conferences, evaluating works of important Croats through- out history. In addition, it has organized a number of symposia focusing on the history and economic development of Croatian regions, cities and towns, as well as on the problems of Croatia’s development. The Academy has a number of scientific research and artistic units in Zagreb and other Croatian towns. They are within the competence of their respective depart- ments. The Academy consists of scientific councils and committees, in addition to various commissions and centers which are located in Zagreb and other Croatian towns.
Zrinski trg 11 10000 Zagreb, Croatia Phone: +385 1 48 95 111 Fax: +385 1 48 19 979 E-mail: [email protected] www.hazu.hr http://info.hazu.hr/foundation_of_academy http://info.hazu.hr/organisation_and_membership
10 Local Economic and Infrastructure Development of SEE in the Context of EU Accession University of Bologna
The University of Bologna was probably the first University in the western world. Its history is one of great thinkers in science and the humanities, making it an indispensable point of reference in the panorama of European culture. The reorganisation of the university system, the presence throughout the territory, the international outlook, the research, the programme catalogue, the information services: in these and many other areas, today the Alma Mater paves the way for innovation. 1008: the Bologna “Studium” was founded by students and for students. It is the oldest university in the Western world. 1888: the celebrations of the Eighth Centennial relaunched the role of the University of Bologna within Europe, thanks to the work of Giosuè Carducci, who in 1906 won the Nobel Prize for Literature. 2012: the entry into force of the new Statute (11 January) concluded the process of university reform which began in 2010, and the implementation of the new university organisation begins. The numbers that make culture and innovation 87,000: the students who have chosen the University of Bologna, making it the most popular university in Italy. Teaching and extra- curricular activities take place in 934,000 m2 of space in the campuses of Bologna, Cesena, Forlì, Ravenna and Rimini. 12,000: (average) number of research products, 180 patents, 277 funded research projects (VII framework programme and other EU programmes), 97 PRIN 2010-2011 research projects, 7 Inter-departmental Centres for Industrial research (CIRI). 33: the Departments of the University of Bologna. 11: the Schools of the University of Bologna. 5: the Campuses of the University of Bologna. 212: Degree Programmes: 94 first cycle 3-year programmes, 107 second cycle programmes and 11 single cyclepro- grammes. 40: International degree programmes, 18 of which are delivered in English. 53: PhD programmes, 50 specialisation schools, 61 first and second level professional master’s programmes, 17 of which are international. 2,365: international students from abroad on ex- change programmes and 2,071 students enrolled at UNIBO who spent a study period abroad in 2012. 63: international academic and educational collaboration and transfer of knowledge programmes approved between 2011 and 2012, 24 of which in a coordinator role. 170: agree- ments with companies abroad for internships, 37 Erasmus Mundus networks running, 5.3 million EUR for European and extra-European mobility projects. 9,826: agreements signed by the Alma Mater with companies and public and private institutions, including 547 abroad, to foster entry to the world of work. 5,982 people: the university community of teaching, technical and administrative staff. 70,000: computers connected to the university network. The library system offers access to 24,000 on-line periodicals, 150,000 e-books and 500 data- bases. 3.5 million: the monthly average number of accesses to the University Website System in 2012. The quality and functionality of the web services are of the highest level, according to the league tables drawn up yearly by the Censis Guide. 628.3 million EUR: the University of Bologna budget for 2012.
Università di Bologna, Via Zamboni 33 40126 Bologna – Partita IVA: 01131710376, Italy http://www.eng.unibo.it/PortaleEn/University/Our+History/default.htm http://www.eng.unibo.it/ PortaleEn/University/The+University+Today/default.htm
Local Economic and Infrastructure Development of SEE in the Context of EU Accession 11 School of Economics and Business in Sarajevo University Sarajevo
The School of Economics and Business in Sarajevo (SEBS) was established in 1952 as the Faculty of Economics. Its first class consisted of 105 full-time and 129 part-time students. SEBS has the longest tradition and is the largest educational institution in Bosnia and Herzegovina. It is a leading institution in the BH higher education system in the creation and dissemination of knowledge in the fields of economics and business administration. Over the last sixty years, the School has been continually developing and implementing numerous programs leading to the formation of highly-educated and creative professionals capable of assuming managerial and leadership roles in their professional careers. Its main goal is to adopt and apply all current trends in business, economics and education to adapt to our rapidly changing, competitive en- vironment. Endeavoring to make its curriculum and syllabus as modern as possible, as well as to intensify steps towards the internationalization and international recognition of its degrees, the School was the first in Bosnia-Herzegovina to adopt and implement (during the 2001/2002 academic year) a curriculum based on the European Credits Transfer System – ECTS. An appreciable level of cooperation has been achieved with elite schools of economics both in Europe and around the world, providing students with a wider array of choices, and allowing their own independent influence on the development of the programs in which they partici- pate. The second step in implementing the ECTS-based concept of study at the School started in 2005 with the introduction of the “3+2+3” system. SEBS is the only educational institution in BIH that has been a member of European Foundation for Management Development – EFMD and member of The Association to Advance Collegiate School of Business – AACSB. SEBS has been granted the accreditation by the Austrian Agency for Quality Assurance. At present, SEBS is the only faculty in Bosnia and Herzegovina that holds a European accredita- tion, which means that this institution and its diplomas will be recognized in the European Education Area. SEBS also introduced quality management system in accordance with ISO 9001:2008. In 2009, SEBS gained certification by Bureau Veritas. Introduction and certifica- tion of Quality Management System by ISO Standard verifies SEBS as a successful institu- tion in development and implementation of academic programs for 1st, 2nd and 3rd study cycle of higher education and non-academic degree programs, courses and training accord- ing to the Life Long Learning concept. In 2009, SEBS was rewarded with EDUNIVERSAL Palmes Certificate. This certificate highlights the growing success of this institution on an international scale, and puts SEBS in the 1.000 best business schools worldwide. According to Webometrics, world universities’ ranking system of the WEB activities, SEBS, was ranked 390th, among the top 400 business schools in the world.
Trg oslobođenja 1, 71000 Sarajevo Bosnia and Herzegovina Phone: + 387 33 275 900 Fax: 387 33 275 994 E-mail: [email protected] www.efsa.unsa.ba, http://www.efsa.unsa.ba/ef/en/ofakultetu/about-the-school
12 Local Economic and Infrastructure Development of SEE in the Context of EU Accession Economic Institute Sarajevo
Economic Institute Sarajevo was founded in 1961. It is a public research institute, with no budget subsidies. So far, Economic Institute Sarajevo has realized more than 500 research projects in field of: Macroeconomic and competitiveness research, Commercial, industrial and sectoral policies, Regional and local development, Labor market and social development, Microeconomic research, • Business consulting in field of strategic management, marketing, finance and human resources, Organizational projects. Besides our own, we are supported by an excellent potential of human resources of the Faculty of Economics in Sarajevo (more than 50 professors and assistants), with whom we have signed an agreement of strategic cooperation. Economic Institute Sarajevo has also a long-term cooperation with several other respected researchers/consultants (in specific areas) from Bosnia and Herzegovina and the region. In 2012, Economic Institute Sarajevo signed a „Charter for establishing Southeastern Europe Association of Economic Institutes – SEEA“, in aim to strenghten cooperation among institutes from Southeastern Europe (SEE) and here- by improve their research, academic and administrative performances. The scope of our research activities is determined by market needs and the structure of de- mand. In that aim, the public sector and EU funds have dominant role, for whose needs research projects can win only through the public tenders.
Branilaca Sarajeva 47, 71000 Sarajevo Bosnia and Herzegovina Phone: 387 33 565 870 Fax: 387 33 565 874 E-mail: [email protected] http://www.eis.ba/site/index.php?option=com_content&task=view&id=12&Itemid=26
Local Economic and Infrastructure Development of SEE in the Context of EU Accession 13 Faculty of Political Science University of Sarajevo
Faculty of Political Science was established in 1961 and it was one of 24 members of the University of Sarajevo. Teaching-scientific work at the Faculty takes place within five study Departments: Political Science, Sociology, Communication/Journalism, Security and Peace Studies and Social Work. More than a hundred scientific practitioners (teachers and associ- ates) are involved in teaching process in which more than 130 syllabuses at the undergradu- ate, graduate and doctoral studies are performed. Undergraduate studies last three years (180 ECTS), graduate (master) studies are carried out for a period of two years, and the doctoral program for a period of three years (180 ECTS). In line with the reforms led by the spirit and ideas of Bologna Declaration, Faculty of Political Sciences has, in recent years, made a fundamental innovation of curricula. On average, about 3,500 students participate in teaching process, for which a sound base for professional qualifications to work in government institu- tions, NGOs, media, cultural and educational institutions, political parties is being provided. Since the establishment in 1961, the Faculty has enrolled about 40,000 students, of which about 10,500 graduated in some of the study programs. About 300 students defended master thesis, and nearly 200 candidates their doctoral dissertations. In addition to its core mission – education of young people, the Faculty has an active role in the affirmation of Bosnian and Herzegovinian identity and culture and the state of Bosnia and Herzegovina.
Skenderija 72, 71000 Sarajevo Bosnia and Herzegovina Phone: +387 33 203 562 Fax: +387 33 666 884 E-mail: [email protected] www.fpn.unsa.ba http://www.fpn.unsa.ba/ba/historijat/
14 Local Economic and Infrastructure Development of SEE in the Context of EU Accession Center for the Development of Local and Regional Self- Government
Centre for the Development of Local and Regional Self-Government is a separate research unit within the Institute for Social Research of the Faculty of Political Sciences in Sarajevo. It was founded in 1999. In its previous work Centre for the Development of Local and Regional Self-Government of the Faculty of Political Sciences in Sarajevo was the organizer or co- organizer of several professional and scientific conferences on various aspects of local and regional self-government in Bosnia and Herzegovina. In 2004 the Center provided its expert role in changing the Election Law in Bosnia and Herzegovina, which enables the direct elec- tion of mayors. During 2005/2006, the Center participated in the expert team for drafting the Law on Principles of Local Self-Government in the Federation of Bosnia and Herzegovina, which was adopted in June 2006. In 2008 in cooperation with the Academy of Sciences and Arts of Bosnia and Herzegovina and the Economic Institute Sarajevo, the Center was a co-or- ganizer of the International Scientific Conference “Euroregions and Southeastern Europe”. In the period from 2005 to 2010, several scientific-research projects were implemented through the Center, including the projects: “Municipalities in Bosnia-demographic, social, economic and political realities” and “The possibility of applying the concept of Euroregion in Bosnia and Herzegovina”. The results of the researches were published in the following publica- tions: Proceedings: “The position and structure of the cities in the Federation of Bosnia and Herzegovina, with a special emphasis on the development of local government in the City of Mostar” (2003); Book: “Euroregions and BIH” by Professor Mirko Pejanović and Professor Jasmina Osmaković (2006); Research study: “Municipalites in Bosnia and Herzegovina- social, demographic, economic and political realities” by authors: M. Pejanović, H. Zolić, Z. Zlokapa, S. Arnautovic (2005); Proceedings: “Euroregions and Southeastern Europe”, edi- tors: Jasmina Osmanković, Mirko Pejanović and Boris Tihi.
Skenderija 72, 71000 Sarajevo Bosnia and Herzegovina Phone: +387 33 666 844 Fax: +387 33 666 844 E-mail: [email protected] E-mail: [email protected]
Local Economic and Infrastructure Development of SEE in the Context of EU Accession 15 Association of municipalities and towns of the Federation of Bosnia and Herzegovina
The Association of municipalities and towns of the Federation of Bosnia and Herzegovina (in further text: Association) is independent organization of voluntarily associated municipalities and towns in the Federation of Bosnia and Herzegovina established with the purpose of local government develop- ment and improvement and protection of the local government units interests. The Association of mu- nicipalities and towns of the Federation of Bosnia and Herzegovina, as non-governmental and non-for profit organization has been established on the First Assembly held on 29 May 2002 in Mostar. The document about the establishment of the Association has been signed by 54 members. They have also adopted the Statute of the newly established Association. The Association of municipalities and towns of the Federation of Bosnia and Herzegovina is a legal successor of the Community of municipalities and towns of the Socialistic Republic of Bosnia and Herzegovina established in 1972 with the aim to improve and develop the system of the local self-government, protects interests if local communities and develops cooperation between the cities and international cooperation. The second Assembly of the Association of municipalities and towns of the Federation of Bosnia and Herzegovina has been held in Gradacac on 22 March 2007. At this Assembly the new Statute was adopted and new governing bodies elected. At this Assembly 29 municipalities have joined to the Association. Next year one more munici- pality joined the Association, so therefore as of 2008 there were 79 municipalities on board out of 80 lo- cal government units in total (five municipalities have ceased to legally exist: Mostar Old Town, Mostar North, Mostar South, Mostar West and Mostar South-West). At the VII Assembly of the Association of municipalities and towns of the Federation of Bosnia and Herzegovina, held on 6th and 7th of February 2013 in Fojnica, one more municipality, municipality of Kresevo, has joined to the Association of mu- nicipalities and towns of the Federation of Bosnia and Herzegovina. From the international legal point of view, three key events have made a pathway for the new perspective of the Association. These are: • Ratification of European Chart of local self-government, October 1994 (Government of the Republic of Bosnia and Herzegovina) Admission of the Community of the municipalities and Towns of Republic of Bosnia and Herzegovina in the Congress of local and regional authorities of Europe (CLRAE) as a special guest (November 1994) Admission of Bosnia and Herzegovina in the Council of Europe (April 2002) Association is the place for the free exchange of experience and opinion, promotion of common inter- est, participation in the consultative legislative processes, protection of common interests and coopera- tion with national and international Associations, organizations and institutions of government. The Mission of the Association is to promote democratic and efficient local government in line with the Principles of the European Charter of local self-government. More precisely: advocacy and lobby- ing for the common interest of the members at the level of the Federation of Bosnia and Herzegovina, Bosnia and Herzegovina and at the international level; offering professional services (legal and finan- cial advising); creation of the platform for the exchange of knowledge and information (e-mail, web pages, conferences, seminars, workshops, public debates, round tables). Municipalities and towns in the Federation of Bosnia and Herzegovina only trough joint actions and joint statements can successfully achieve their interests at the Federal and state level. The purpose of the Association, as the representative of the municipalities and towns in the Federation of Bosnia and Herzegovina, is to represent and advocate for these interests in the best possible way.
Musala 5/I, 71000 Sarajevo Bosnia and Herzegovina, Phone / Fax:: +387 33 216 502 E-mail: [email protected] http://www.sogfbih.ba/index.php?lang=en
16 Local Economic and Infrastructure Development of SEE in the Context of EU Accession Association of Local Authorities of Republic of Srpska
Association of municipalities and towns of Republic of Srpska is established in Brčko 1998. as independent, non-political, non-party association of local authorities directed to the sup- porting and promoting of local self-government. Members of Association are municipalities and towns gathered on voluntary basis in order to exchange experiences, to improve inter cooperation and to act as one aiming on realization of joint interests defined in Association statute, laws and other legal acts. Why do associations/coalitions of local authorities appear in all countries of Eastern and Central Europe? Why is it useful to have an association of local authorities? Why should municipalities with already existing financial problems be ready to finance an association? There are three motives for this: • Together we are stronger.. Municipalities face problems of competence and financing. Competition about competence with central government and financial dependence on central government exists everywhere. Local authorities consider they could do their job much better in more decentralized conditions. Together we are more effective. The second motive of collaboration with association is saving of money while working together. The Association is an effective way to organize specialized activities and functions that are too expensive if municipalities would deal singly with them. Together we know more. The third reason for existence of the association lies in achieve- ment of better communication. Three ways of communication need to be mentioned: Horizontal communication – communication among municipalities with aim of exchange of ideas and experiences; Vertical communication (formulation ideas on local level and their transmission to the central level; Vertical communication (from bellow upwards) – transmission of new ideas (for instance, about new laws) from central to level of local authorities.
Prvog krajiskog korpusa 13, 78000 Banja Luka Republic of Srpska, Bosnia and Herzegovina Phone: +387 51 322 670 Fax: +387 51 327 010 E-mail: [email protected] E-mail: [email protected] http://www.alvrs.com/v1/index.php?lang=en
Local Economic and Infrastructure Development of SEE in the Context of EU Accession 17
FOREWORD
The Conference is organized by the Academy of Sciences and Arts of Bosnia and Herzegovina (ANUBIH), Croatian Academy of Sciences and Arts (HAZU), University of Bologna, School of Economics and Business Sarajevo University Sarajevo, Institute of Economics Sarajevo, Faculty of Political Sciences University Sarajevo, Centre for development local and regional self-government.
This is third conference about local and regional development after 1995, and re- flected specific interest and tradition Academy in local, urban and regional develop- ment research. Academy, Department of Social Sciences has long tradition, more than six decade, in research problems local, urban, city and regional development.
Conference will start on September 20, 2013, and will finish September 21, 2013. Conference will be first day, September 20, 2013. Forum mayors WB will be second day, September 21, 2013.
The main conference topic is local economic and infrastructural development SEE in context EU accession. This topic sublimes and reflects economic and political ap- proaches to four specific and important themes for local development (communities and cities): first, management and strategic planning of local economic - develop ment; second, financing of local economic and infrastructure development; third, the role of civil society in local economic and infrastructure development and fourth, local communities and territorial organization.
In context constitutional and legal aspects of local economic and infrastructural de- velopment, authors discuss: constitutional and legal role local governments in eco- nomic and infrastructural development municipalities and cities, role of municipal prefects and majors in the local economic and infrastructural development; institu- tional forms and shapes in the implementation of regional development; local eco- nomic development and modernization of local governance; constitutional and legal position of municipal and city governments in strategic planning and promoting lo- cal economic development and infrastructure development
Next part is local economic and infrastructural development with following themes: framework for sustainable local development strategy; situation and perspectives for economic development of city; integrated methodological framework for formula- tion and implementation of local development strategy; influence of tertiary activi- ties on local and rural development; linking of the urban and rural tourist dimension
Local Economic and Infrastructure Development of SEE in the Context of EU Accession 19 for the purpose of increase in economic effect of tourism; opportunities and respon- sibilities of local self-government in environmental aspects of the EU integration process; competitiveness local government units; European union regional policy; the effect of capital construction of power facilities on the economic development of local communities
Local communities and reform of territorial organization and economic and func- tional efficiency of territorial organization; and convergence of local government units consists third part focusing on connections local economic development and infrastructural development with state territorial organization.
Financing of local economic and infrastructural development is very important part on the Conference and consists following themes: importance of the EU pre-ac- cession assistance in financing of local economic and infrastructure development: experiences; the base methodology to safe implementation of public private partner- ship on the emerging market of the south east Europe; the role and importance of the public-private partnership in financing local economic development; innovation and entrepreneurship – investment in people and skills; the role of R&D and innovation in local economic development; PPP tools as an innovation element for the qualifica- tion of the public procurement sector in the EU policy framework from a regional point of view, fiscal federalism and possibility for borrowing.
In the end, but not least, last part is non-government organization (NGO) and their position or role in economic and infrastructural local development focusing on civil society: an inevitable partner in the development of local communities in young democracies.
Mayors of capital city (Ljubljana, Zagreb, Belgrade, Podgorica, Skopje, Sarajevo, Priština) new state on the Western Balkan, part of the Adriatic macro region invited to present experiences about city development, infrastructures, legal framework, fi- nancing, and other important question city (urban) development.
We hope, with support Delegation EU in Bosnia and Herzegovina and City of Sarajevo, Forum city mayors should be organize each years and should be place for exchanging experiences and searching answers for the most important questions of local, city and regional development in context EU accession, new development framework, and new approaches.
Proceeding contains papers authors from Italy, Slovenia, Croatia, Serbia, Macedonia, Montenegro, and Bosnia and Herzegovina. Number of papers submitted is of great importance for this conference.
20 Local Economic and Infrastructure Development of SEE in the Context of EU Accession Papers were subjected to a blind reviewing process of international team reviewers. Proceeding indexed in EBSCO and CEEOL (Central and Eastern European Online Library), and has CIP cataloging, ISBN and COBISS number.
Keynote speakers for first day Conference “Local economic and infrastructure de- velopment SEE in context EU accession” are: members of Academy of Sciences and Arts of Bosnia and Herzegovina (ANUBIH), Croatian Academy of Sciences and Arts (HAZU), University of Bologna, Unit Forward Studies and Cross-sector poli- cies of Region Emilia-Romagna, Faculty of Economics University of Zagreb, etc. Keynote speakers for second day (Forum mayors) are: mayors of Ljubljana, mayors of Zagreb, mayors of Belgarde, mayors of Podgorica, mayors of Sarajevo, etc. Prof. Komšić, Mayors of Sarajevo City is host of Forum mayors this year.
Conference participant are: academicians, professors, member of university, re- searchers, policymakers on the local, city, regional and state level, city mayors, com- munity mayors, member of associations municipalities and cities in region, prime ministries and ministries, representatives NGO, international communities, develop- ment agencies, PhD students, etc.
The Conference was supported by Ministry of environmental and tourism, Elektroprivreda BiH, BH Telecom d.d. Sarajevo, Sarajevo City, Canton Sarajevo, Municipality Centar Sarajevo, Municipality Novi Grad Sarajevo, Municipality Ilidža, Delegation EU in Bosnia and Herzegovina.
We would like to thank the authors, reviewers, the members of committees, support- ers and others for their efforts toward making this Conference a success.
Professor Jasmina Osmanković, Centre for economic science Academy of Science and Arts BIH Professor Mirko Pejanović, corresponding member of Academy of Science and Arts of BIH Academician Boris Tihi, Academy of Science and Arts of BIH Academician Muris Čičić, Academy of Science and Arts of BIH
Local Economic and Infrastructure Development of SEE in the Context of EU Accession 21
LAW AND POLITICAL ASPECTS OF LOCAL ECONOMIC AND INFRASTRUCTURAL DEVELOPMENT
DOI 10.5644/PI2013-153-01
CONSTITUTIONAL AND LEGAL ROLE OF LOCAL AUTHORITIES IN ECONOMIC AND INFRASTRUCTURAL DEVELOPMENT OF MUNICIPALITIES AND CITIES IN BOSNIA AND HERZEGOVINA
Mirko Pejanović*
Abstract
Basic aim of this article is to present constitutional and legal role of local authorities within economic and infrastructural development of municipalities and cities in Bosnia and Herze- govina. Hence, it presents two models. Basic hypothesis that will be verified in this article is: local authorities, based upon their legal jurisdiction, are able to provide important contribu- tion to the local economic and infrastructural development. Methodology consists of case study method in two cases. The first case study is Municipality of Gračanica in Federation of Bosnia and Herzegovina, and the second case study is City of Bijeljina in Republic of Srpska. Time period of this research is post Dayton period, with distinctive focus on the period 2008– 2012. Territorial frame of this research is Bosnia and Herzegovina. Also, in the process of verification of this research, other relevant methods have been used. This article is system- atized in six chapters: introductory approach on local community and local self-government; political-legal concept of local self-government in the regulations of European Charter on Local Self-Government; legal and statutory concept of municipality and city jurisdiction in the area of local economic and infrastructural development; main aspects of the role of local self-government unit in the local economic and infrastructural development; model of local economic and infrastructural development in the local communities: case study of Munici- pality of Gračanica; model of local economic and infrastructural development in the local communities: case study of City of Bijeljina and conclusion.
Keywords: Legal and constitutional role, Local authorities, Economical and infrastructural development, European Charter on Local Self-Government.
Introductory approach on local community and local self-government
Human being as an individual satisfies his needs for living and work in his own local community. Those needs as primary needs of human beings in the local com- munity are: housing and management of settlement; work and earnings for economic
* Prof. Dr. Mirko Pejanović, corresponding member of ANUBIH, University of Sarajevo, Faculty of Political Science, Centre for Development of Local and Regional Self-Government, Skenderija 72, 71000 Sarajevo, Bosnia and Herzegovina, e-mail: [email protected]
Local Economic and Infrastructure Development of SEE in the Context of EU Accession 25 Law and Political Aspects of Local Economic and Infrastructural Development existence; local traffic; water supply and energy products; sewerage; utility services; utility infrastructure; service industries; education of children; health care; social care; culture and sport; informing and security; protection of human rights and pro- tection of environment.
In the sociological theory, local community is specific social group inhabited in the specific area, whose members are connected by territorial nearness and according to that, mutual needs and activities.
Among many theoretical assessments about local community, it seems significant to underline opinion by an academician Eugen Pusić, who stated that local community is specific social system with its own elements in interaction with an area, people in the area, needs of people, mutual activities in fulfilling their needs and awareness of belonging to the local community (Pusić 1963 : 21-23).
Mutual needs of people in one settlement, with reference to local community, are con- ditioned by territorial nearness of people that are living in that particular settlement. Those needs can be fulfilled by mutual activities. According to the opinion of American sociologist T. Parsons, local community is a special aspect of social systems structure which is referred to the territorial accommodation of people and their systems. In that context, four factors are integrating people at the local level into the social system: housing, working place, jurisdiction and communication (Pejanović 2005 : 187).
In order for mutual people’s needs in the local community to be fulfilled, various institutions are shaped through which different social activities are organized. One of those institutions, which in the course of historical development of society organ- ized and affirmed itself as democratic institution of citizens in local community, is LOCAL SELF-GOVERNMENT (Pejanović 2005 : 188).
A local unit gains a status of LOCAL SELF-GOVERNMENT (territorial self- government community) when political-legal and systemic institution is formed in one or more connected settlements. That local self-government as political and le- gal institution constitutes itself in the form of municipality as basic unit of local self-government.
Basic subjects of local self-government are people who live in local communities and their mutual interests which result from their joint living in the same territory. Those interests are attained within institutional structure, which is local government. Activities of local government are an essence of local self-government. Basically, there are two components in local government activities. One is via directly elected structures by citizens such as: municipal council, municipal assembly and municipal mayor. The second is via indirect participation of citizens. Forms of indirect partici- pation of citizens in public affairs are: civic initiative, local assembly of citizens and
26 Local Economic and Infrastructure Development of SEE in the Context of EU Accession M. Pejanović: Constitutional and Legal role of Local Authorities in Economic and... referendum. According to this, local self-government in political science is defined as political right of citizens to directly, and through their freely elected structures, participate in management of certain public affairs, particularly those of mutual interests of citizens in the units of local government (Pejanović 2005 : 188).
According to professor Jovan Đorđević, local self-government is characterized by following elements: local citizens have right to elect their own representative bodies and those bodies have certain rights of decision making; elected bodies have their factual and territorial jurisdiction and they perform certain activities as government; jurisdictions of local bodies, according to their content and authority for their imple- mentation, represent those issues which have factual and formal influence on life and local community development (Đorđević 1965 : 621).
In the democratic tradition of Europe of nineteenth and twentieth century, local self- government as political right of citizens is guaranteed by the Constitution and laws of a country. It is guaranteed also in the European Charter on Local Self-Government. In the Charter, Article 2, it is defined that local self-government principle will be determined by legal regulations of the signatory country, and where possible in the Constitutional Law (Anon. 2003 : 4).
All European countries, members of European Council, based upon European Charter on Local-Self-Government have guaranteed local self-government in their legal systems. Brosna and Herzegovina has ratified the European Charter on Local Self-Government on 12 July 2012. Regulations on local self-government did not find their position within Dayton Constitution in Bosnia and Herzegovina. They are positioned in constitution laws of entities of Bosnia and Herzegovina: Constitutional Law of Federation of Bosnia and Herzegovina and Constitutional Law of Republic of Srpska. Laws on local self-government within entities define the position, juris- diction and organization of local self-government.1 According to this, position of local self-government is achieved by act of state. This position is characterized by independent position in management of public affairs, so the local governments have complete discretion right to implement their initiatives regarding all issues that are not excluded from their jurisdiction, neither placed in jurisdiction of some other au- thorities (Anon. 2003 : 15).
Political and legal concept of local self-government within regulations of European Charter on Local Self-Government
Theoretical concepts and achievements of local self-government ideas implemen- tation in the countries that are members of European Council have received their
1 Law on Local Self-Government of the Republic of Srpska was adopted in 2004. Law on Principles of Local-Self Government in the Federation of BIH was adopted in 2006.
Local Economic and Infrastructure Development of SEE in the Context of EU Accession 27 Law and Political Aspects of Local Economic and Infrastructural Development foundations in the European Charter on Local Self-Government. The Charter was adopted in 1985 and it is the first multilateral legal instrument for definition and protection of local self-government principles. The Charter is consisted of preamble and three separate parts, which define principles of local self-government, followed by obligations of countries members of European Council after ratification of the Charter.
All principles regarding local self-government and European principles on DEMOCRACY AND DECENTRALIZATION are defined in the Charter.2
Considering historical development possibilities in the context of local self-govern- ment, these particular principles are defined in the Charter:
The first principle underlines that local authorities are “one of the main foundations of any democratic regime.”3
The second principle stresses out that “the right of citizens to participate in the con- duct of public affairs is one of the democratic principles that are shared by all mem- ber States of the Council of Europe” (Anon. 2003 : 3).
The third standard refers to the fact that rights of citizens and their management of public affairs in the local self-government “can be most directly exercised at the lo- cal level” (Anon. 2003 : 3).
The fourth principle is consisted in definition that “existence of local authorities with real responsibilities can provide an administration which is both effective and close to the citizen” (Anon. 2003 : 3).
Foundation for shaping of principles, or general guidelines, for the development of local self-government is set in the European Charter about theoretical concepts and synthesis of experiences of local government. One of the preliminary principles con- cerns the legislation and capability of the local authorities to “regulate and manage a substantial share of public affairs under their own responsibility and in the interests of the local population” (Anon. 2003 : 4). Constitutional, legal and statutory frame for jurisdiction of local authorities provide, based upon autonomy of local self-gov- ernment unit, an independent regulation of public affairs that are of interest to citi- zens. Besides that, all locally significant activities are also regulated independently. All the activities in the spheres of interests of citizens and their implementation are conditioned by responsibility of the local self-government institutional bodies:
2 In the eighties of the twentieth century all countries of developed democracy in Europe have imple- mented reforms of the local and regional self-government and strengthened institutional capacities of local self-government and administration. 3 European Charter on Local Self-Government (2003) Association of Municipalities and Cities of the Federation of BIH, Sarajevo, page 3.
28 Local Economic and Infrastructure Development of SEE in the Context of EU Accession M. Pejanović: Constitutional and Legal role of Local Authorities in Economic and... municipal council, municipal mayor and municipal administration. Members of mu- nicipal council and municipal mayor are directly elected by citizens at free elections according to their ethical and management capabilities.
In the scope of local self-government and field of activities, basic rights are deter- mined by Constitution of country and by Statute of the local self-government unit – municipality. In regard to that, the Charter stipulates the principle of discretion- ary power of local authorities to “exercise their initiative with regard to any matter which is not excluded from their competence nor assigned to any other authority” (Anon. 2003 : 4). Right of local authorities to implement initiatives to solve devel- opment issues for the benefit of citizens has the broadest basis. Those are interests of local population. Everything that is not excluded from the competence of local self-government or assigned to any other authority represents an activity entitled to local self-government, before all municipal council/assembly, which has the power to start development projects of local interests.
Regulations of European Charter on Local Self-Government are the foundation for the principle of subsidiarity. This principle has specific importance for the position- ing of local self-government and its institutions.
The principle of subsidiarity as defined in the Charter, states that activities shall be exercised “by those authorities which are closest to the citizen” (Anon. 2003 : 4). This is the way local authority units (municipalities and cities) acquired a primary position in the management of local public affairs.
The Charter also classifies an assignment of jurisdiction to other authorities taking into account nature and scope of activities, efficiency and effectiveness of requests. At the same time, the Charter defines principle in which rights entrusted to local authori- ties will be “according to the rules, full and exclusive” (Anon. 2003 : 4). These rights may not be limited by other authorities, central or regional. This is possible only in cases that are postulated by law. In cases where jurisdiction is transferred to the central or regional authorities, local government/authorities have right to adjust their implementation to the local conditions and be consulted about the whole procedure.
One of the most important supports in activities of the local authorities is local gov- ernment. Regulations of the European Charter on Local Self-Government provide space for them to “determine their own internal administrative structures in order to adapt them to local needs and ensure effective management” (Anon. 2003 : 4). Local government is important human and institutional resource for providing ser- vices to citizens and shaping development projects within the jurisdiction of local self-government.
One of the very significant segments of local self-government development refers to au- tonomy in the area of financing the local government bodies. Within the economic policy
Local Economic and Infrastructure Development of SEE in the Context of EU Accession 29 Law and Political Aspects of Local Economic and Infrastructural Development of the country, bodies of local authorities have right “to adequate financial resources of their own, of which they may dispose freely within the framework of their powers” (Anon. 2003 : 6). Sources of financing of local authorities are adopted according to their jurisdiction and duties, regulated by the constitution and the law of the country.
European Charter’s regulations uphold the protection of financially indigent local communities, i.e. less developed ones compared to the average development of local communities. In that context the need imposes itself to establish adequate “equalisa- tion procedures or equivalent measures which are designed to correct the effects of the unequal distribution of potential sources of finance...” (Anon. 2003 : 6). Local authorities are consulted by higher level of authorities regarding the allocation of finance resources. European Charter’s regulations define that the sources allocated to local authorities “shall not be earmarked for the financing of specific projects. The provision of grants shall not remove the basic freedom of local authorities to exercise policy discretion within their own jurisdiction” (Anon. 2003 : 6).
The widest needs of municipalities and cities for financial support are related to the capital investments in building and maintaining communal infrastructure: water supply and sewage, regulation of construction land and construction of local roads. Basic financial sources for these activities are located in the budget lines of local self-government. Those sources are insufficient even in the developed local com- munities. Therefore, the need for capital investments through credit loans is much expressed. Bearing in mind this need, Charter defines that “local authorities shall have access to the national capital market” (Anon. 2003 : 6). This part related to access to the national capital market is one of the most important for the communal infrastructure financial segment. Borrowing of municipalities and cities is limited by many obstacles: lack of own participation, difficult procedure of getting approval by parliaments of the higher level of government, difficulties regarding the loan instal- ments, etc. Beside this, it is important to underline that access of local communities to the national capital market is institutionally and functionally unsolved and it is one of the most difficult factors in the field of communal infrastructure in all countries of the post socialist transitions. In that context it is significant to stress out the fact that without communal infrastructure and regulation of construction land it is not pos- sible to use environment as the basic resource in the local community development.
Legal and statutory jurisdiction concept of municipalities and cities in the area of local economic and infrastructural development
According to the Law on Local Self-Government in the Federation of Bosnia and Herzegovina (Anon. 2006), self-government area of the local self-government unit is based upon the concept of full jurisdiction. Basic idea is situated in the fact that local 30 Local Economic and Infrastructure Development of SEE in the Context of EU Accession M. Pejanović: Constitutional and Legal role of Local Authorities in Economic and... self-government unit – municipality and city have a right to deal with issues related to the local impact, which are not excluded from their jurisdiction or assigned to any other authority. For the unit of self-government (municipality) in the Federation of Bosnia and Herzegovina, there are 30 questions set up by the Law on Principles of Local Self-Government in the Federation of Bosnia and Herzegovina, which deter- mines self-government segments and independence in the decision making process (Anon. 2006). Those questions are related to important areas of social, economic and cultural local community development. In the area of local economic and infra- structural development, the city and municipality as units of local self-government deliver acts in which all development policies have been formed. Among those acts are: municipality budget, mid-term and annual development plans of the local self- government aimed to create conditions for economic development and employment. Regarding the policy of environment management and protection of environment, municipality and city are delivering urban, environmental and implementation plans. Definition of assignment, allocation and use of the environment is in the full jurisdic- tion of municipality and city. One of the most important plans regarding the environ- ment as a resource is the plan of arrangement and organization of the construction land. Only after preparation of construction land, it is possible to implement the building plans for housing and building plans for industry and economy.
Area of the local self-government infrastructure development and communal in- frastructure improvement primarily belongs to the jurisdiction of the local self- government unit. Bearing that in mind, Law on Self-Government Principles of the Federation of Bosnia and Herzegovina has regulations towards local self-govern- ment to manage, finance and improve activities of the local communal infrastructure. The role of the unit of local self-government is very important regarding building and maintaining objects of the local communal infrastructure. In this context, it is provided that units of local self-management have jurisdiction for water supply, as- sortment and withdrawal of sewage, maintain public sanitation, building local roads, organization of local and public transportation (Anon. 2006).
Law on Local Self-Government in Republic of Srpska (Anon. 2004), defines munici- pality as basic territorial unit of local self-government. Its jurisdiction is extensive and based upon principle that municipality is self-determining regarding all issues of local interest, which are not excluded from their jurisdiction or allocated to another level of government (Anon. 2004). In the field of economic and social local com- munity development, municipality autonomously develops economic development plans, urban and implementation plans.
Jurisdiction in the segment of communal activities has extensive legislation founda- tion. This Law sets up that municipality concerns water supply, gas and other energy supplies. Furthermore, municipality is taking care of the public transportation, as- sortment and withdrawal of sewage, maintenance of cemeteries, streets, parks and green areas (Anon. 2004).
Local Economic and Infrastructure Development of SEE in the Context of EU Accession 31 Law and Political Aspects of Local Economic and Infrastructural Development
It is observable that concept of the legal jurisdiction of municipality in the field of economic and infrastructural development is the same in both entities of Bosnia and Herzegovina. In statutes of municipalities and cities based upon legal regulations, jurisdiction is maintained in order to shape and implement policy of local economic and infrastructural development. For example, statutes of Municipality of Bihać and City of Banja Luka have very extensive scope of jurisdiction regarding the issues of economic and infrastructural development. Statute of Municipality of Bihać regu- lates following jurisdictions of this local self-government unit: water supply, assort- ment and withdrawal of sewage, maintenance of cemeteries, streets and bridges, parks and green areas, street lighting, etc (Anon. 2005a).
Statute of City of Banja Luka regulates jurisdictions in the area of maintenance and development of local communal infrastructure. Besides the regulation of public communal infrastructure objects, City of Banja Luka has other jurisdictions such as to ensure production and deliverance of water, heat energy, assortment and with- drawal of sewage, public sanitation, public transportation, maintenance of streets, roads, parks, cemeteries, public parcels sanitation (Anon. 2005b).
Initiation, creation and implementation of local economic and infrastructural devel- opment policy are performed through legal and statutory role of municipality coun- cil and municipality mayor. Municipality council/assembly is composed of direct elected councillors, representatives in municipality’s councils. They express the will and interest of citizens in all aspects of social, economical and infrastructural local self-government development. Those interests are mostly expressed in the activities of citizens in their territorial community unit. Municipality council, based upon the proposal from municipality mayor, shape the economic development policy through mid-term economic development plans, urban and environmental plans and capital investments plans. Municipalities and cities are establishing various bureaus for all needs concerning the preparation of development plans. The role of municipality mayor in the segment of local economic and infrastructural development has two aspects: the first aspect is to propose development policies and projects, and the second aspect is to implement development policy adopted by municipality council. Preparation and implementation of development projects are evident in the author- ity, responsibility and management skills of the municipality mayor. His authority is evident as the highest influence in executive power performance. At the same time, his responsibility for development policy in the local self-government unit is based upon the general will of citizens. Moreover, municipality mayor has two aspects of political power: proposition of local community development policy and policy implementation when confirmed by municipality council/assembly. Relation towards citizens and their interests creates the institution of municipality mayor as the re- sponsible subject for the local community development dynamics. Examples of suc- cessful practices in the context of social, economic and infrastructural development
32 Local Economic and Infrastructure Development of SEE in the Context of EU Accession M. Pejanović: Constitutional and Legal role of Local Authorities in Economic and... in Bosnia and Herzegovina verify hypothesis that this kind of development is deter- mined by responsibility and management skills of the municipality mayor.
According to the relevant indicators of local economic and infrastructural devel- opment for the period of several decades, these are the municipalities, which are remarkable with their results: Gračanica, Široki Brijeg, Tešanj, Ljubuški, Tuzla, Bijeljina, Centa Sarajevo, Srebrenik, Zenica, Čitluk, Laktaši, Doboj, Živinice, Bosanska Gradiška, Stari Grad Sarajevo, Prijedor, Konjic, Vitez, Bihać, Goražde, Ilidža, Novi grad Sarajevo and Novo Sarajevo.
The main aspects of the local self-government unit’s role in local economic and infrastructural development
After the Second World War, many European countries’ municipalities and cities have gained important role in the local economic and infrastructural development, particularly as holders of the reconstruction and development processes. This kind of practice has been especially confirmed in Germany after the war, whose leader Conrad Adenauer, initially as the Mayor of Köln, created the model of rapid local economic and infrastructural development in municipalities and cities. Local com- munal infrastructural development and industry had created a wide-ranging econom- ic and social development in Germany, making Germany one of the most developed countries in Europe in the 60’s of the twentieth century.
In the period of communal system reconstruction in the fifties of twentieth century in the Yugoslav socialist federation, local self-government and free initiatives of citizens in the area of local economic and infrastructural development have been initiated. Interest of citizens for their local community development was expressed by introduction of self-contribution for local community development. It was espe- cially articulated in the construction of water supply systems, electric energy supply systems and local roads.
After the Dayton Peace Agreement in 1995, units of local self-government in Bosnia and Herzegovina have had very important role in the reconstruction process of lo- cal communal infrastructure. Considerable role was also played by the international community, which contributed greatly with financial support for the reconstruction of the communal infrastructure.
Mayor aspects of the municipalities’ and cities’ role within the local economic and infrastructural development are articulated by activities that provide planning of in- dustrial economy and employment of the population. Unit of local self-government is able to create conditions for development of industry and employment. Those condi- tions are visible in policies and measures that can be brought up by the municipality
Local Economic and Infrastructure Development of SEE in the Context of EU Accession 33 Law and Political Aspects of Local Economic and Infrastructural Development and city council based upon resources of the city and municipality. Those resources are area itself and management capacities for creating development projects. Beside all this, it is possible to have supporting measures for economic and industry devel- opment and service industry development through tax reliefs, favourable conditions for deliverance of construction land and encouraging conditions for loans.
The main aspects of municipalities’ role as the unit of local self-government in the area of local economic and infrastructural development are articulated in these elements: Unit of local self-government carries out plans for mid-term and annual social and economic development. Within those plans, municipality defines goals for its development according to natural and human resources at her disposal; Unit of local self-government: municipality and city carry out urban and envi- ronmental plans and plans considering construction land; • Based upon the preparation of construction land, unit of local self-government defi- nes assignment for industrial zone and the zone for small businesses development; Unit of local self-government implements measures regarding employment and economy development, especially towards young people. These measures provide better conditions regarding tax policy and loan conditions; Unit of local self-government, with its own resources or in cooperation with other units, establishes and develops bureaus for the local economic and infrastructural development; Bureaus of the local self-government unit establish professional capacities for local economic development projects and qualification of municipalities for the donations’ applications within the European structural funds.
Ideal of local self-government implied democratic participation of citizens in deci- sion making processes regarding their interest in the local communities. One of the most important interests of citizens is establishment of conditions for employment and industry. In that view, local authorities: municipal council, municipal mayor and municipal administration have irreplaceable development function in the widest context of local economic development and democracy development in the whole society. Local self-government has a capacity to develop and promote the role of citizens within the participative and representative democracy.
Local infrastructure development, its conception and function is a precondition of entire social, economic and welfare development of municipality and city as units of local self-government. Provision of water supply, energy supply, treatment of waste and sewage are the basis for the fulfilment of people’s everyday needs in their local communities, rural and urban settlements.
The role of local community and its authorities in the segment of infrastructural de- velopment have these following aspects:
34 Local Economic and Infrastructure Development of SEE in the Context of EU Accession M. Pejanović: Constitutional and Legal role of Local Authorities in Economic and...