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Functions of the Municipal Council

Functions of the Municipal Council 

Article 53

1.      The municipal council exercises its functions from the date of constitution, according to article 48 of this law, until the establishment of the new successor council.
2.      The next municipal council meetings take place as a rule, according to the determination made by the council itself, but not less than once a month.
3.      The Council shall convene in each case:
A.    At the request of the mayor;
B.     At the written request of not less than 1/3 of its members;
C.     With the motivated request of the mayor for issues related to the exercise of his functions.
4.      The call for council meeting is made by the chairman of the council and the notice of meeting is done as a rule no less than 5 days before the date of its development. The notice contains the date of collection, time, place and order of the day.
5.      The agenda is approved by the council.
6.      In the period from the date of the elections until the constitution of the new council, the former municipal council exercises limited powers and makes decisions only in cases of emergency situations.
7.      The meeting of the municipal council is considered valid when it is attended by most of all members of the council, except when a majority is required to make decisions in accordance with the provisions of Article 55 of this law.
8.      Council meetings are reflected in the minutes of the meeting. The manner of keeping the record and its certification are determined according to the legislation in force.

Article 54
 

The municipal council has the following duties and competencies:
A.    Elects its committee committees and approves the internal regulation of its functioning;
B.     Chooses, respecting the law on gender equality, the chairman and deputy chairmen of the council and dismisses them;
C.     Appoints and dismisses the secretary of the municipal council;
D.    Approves the level of remuneration of employees and other persons elected or appointed in accordance with the legislation in force;
E.     Approves the acts of establishment of enterprises, commercial companies, as well as of other legal entities that it creates itself or with which it is a co-founder;
F.      Approves the budget and its changes. In the decision approving the budget, it also approves the maximum number of municipal employees as well as units and budgetary institutions subordinate to the municipality;
G.    Approves the alienation or assignment of third-party property;
H.    Organizes and supervises the internal control of the municipality;
I.        Decides on local taxes and fees, according to this law and other applicable legislation;
J.       Decides on obtaining loans and settling liabilities to third parties;
K.    Decides on the establishment of joint institutions with other units of local self-government, including the subject of joint competencies or with third parties;
L.     Decides to initiate court proceedings on matters of its competence;
M.   Selects representatives of the municipal council in the regional council, who, in no less than 50%, should belong to the less represented gender;
N.    Decides on the granting or declaration of termination of the mandate of the councilor, when the conditions foreseen in article 49 of this law exist;
O.    Adopts norms, standards and criteria for regulating and disciplining the functions assigned to him by law, as well as for the protection and guarantee of public interest;
P.      Decides on the symbols of the municipality;
Q.    Decides on the naming of streets, squares, territories, institutions and facilities within the jurisdiction of the municipality;
R.     Provides honorary titles and incentives;
S.      Decides on the rules, procedures and ways of realizing the delegated functions, based on and for the implementation of the law, which makes this delegation to the municipality.

Article 55
 

Voting
1.      Voting in the council becomes open or secretive. The Council, upon the request of no less than 1/3 of its members, decides on cases when the voting becomes secret. Voting of the budget and other related financial acts is always open.
2.      Council decisions are taken by a majority of votes in the presence of more than half of all Council members, unless this law provides otherwise.
3.      Decisions are taken by majority vote of all members of the council for the cases provided for in letters "a", "b", "c", "d", "dh", "f", "g", "gj" "I" and "j" of Article 54 of this law.
4.      Decisions deal with not less than three-fifths of the total number of members of the council for the case provided for in letter "e" of article 54 of this law.
5.      In the case of voting for the chairman, deputy chairperson and secretary of the council, when the requested majority is not provided, the vote is re-elected between the two candidates who in the first round have won the highest number of votes. In this case the winner is declared the candidate with the highest number of votes and, if the votes are equal, the winner is assigned by lot.
6.      Council acts are promulgated within 10 days from the date of their adoption and enter into force 10 days after the announcement. Acts of an individual character enter into force on the date of their notification to the entities involved therein.

Article 56
 

Chairman of the Municipal Council
1.      The chairman and deputy chairpersons of the municipal council are elected from among the members of the council. The proposal for their dismissal is made in writing by at least one-third of the members of the council.
2.      The chairman of the council carries out the following duties:
A.    Convenes the meeting of the council in accordance with article 53 of this law;
B.     Directs the meetings of the council, in accordance with its rules;
C.     Sign the acts issued by the council;
D.    Performs other duties, as defined in the Council's regulation.
3.      In the absence of the chairman of the council, his duties shall be performed by the deputy chairman, as defined in the internal rules of the council.

Article 57
 

Secretary of the Municipal Council
1.      The council secretary is appointed and dismissed by the municipal council, based on the proposal of the chairman of the council, by a majority vote of all members of the council. The dismissal of the secretary may also be proposed by 1/3 of the members of the council.
2.      The Secretary of the Municipal Council is responsible for:
A.    Keeping the official documents of the council;
B.     Tracking the work on preparing meeting materials on a daily basis;
C.     Notification of the meetings of the council;
D.    The announcement and publication of notices and acts issued by the municipal council;
E.     Preparation of counseling sessions with the community;
F.      Overseeing the observance of the Council's Rules of Procedure.
G.    The Secretary of the Municipal Council performs any other function assigned by the council itself

Article 58
 

Early Distribution of the Municipal Council
1.      When the municipal council fails to convene for a continuous quarterly period from its last meeting, the prefect calls the meeting no later than 20 days from this deadline. If even after the call of the mayor the municipal council does not meet, then it is distributed prematurely with the decision of the Council of Ministers.
2.      The municipal council is dissolved prematurely with the decision of the Council of Ministers even when:
A.    The budget is not approved within the deadline set in the law on budget system management. In this case, the mayor asks the mayor to convene the meeting of the municipal council, which should be held no later than 10 days from the date of expiry of this deadline. If even in this case the municipal council fails to approve the budget, its distribution is decided prematurely;
B.     Commits serious violations of the Constitution or laws.
3.      The municipal council is also disbanded when a border reorganization is made under Article 93 of this law.
4.      In the event that the decision of distribution by the competent body is upheld, the elections for the council are organized in the respective municipality in accordance with the Electoral Code of the Republic of Albania.
5.      Until the constitution of the new council, the functions and powers of the council, as far as possible, are carried out by the mayor.​​

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