During 4 months, 13 legal violations by the Assemblies of the large municipalities of Kosovo were recorded
The assemblies of large municipalities of Kosovo in the four months of 2023 have taken decisions that are not in accordance with the legislation in force in thirteen cases. During the time period January-April 2023, based on the evaluations of the central level, it appears that six legal violations were found in the Assembly of Gjakova, while in those of Prishtina and South Mitrovica there were two, in the KK of Peja, Ferizaj and Gjilan one each, while no legal violations have been recorded in Prizren.
According to the information received from MAPL, the number of requests for re-examination of legality in this time period was 13, of which 8 were ascertained by MMPHI, 2 by MFPT and 3 by MLGA. According to MAPL, two decisions from the KK of Prishtina have been sent to the Court, while other municipalities have reviewed the decisions within certain time frames.
MAPL has clarified that in the KK of Pristina during the period January-April 2023, the legal violations that were sent to the Court were evidenced in a decision on the exchange of municipal immovable property with the private property and the decision to name the street "A" with the street "Xhim Xhema" Prishtina.
In Gjakovë, the MAPL found six legal violations during the period January - April 2023, and those in decision to designate the location for the construction of the tombstone of Gjergj Kastrioti Skënderbeu, a reconsideration of the decision to designate the location of the Cemetery in the City of Gjakova, the reconsideration of the decision on the declaration of public interest for the expansion of the road from “Ura e Tabakut” to “Ura e Tahir Efendis”, reconsideration for the decision on the declaration of public interest for the expansion of the road to Pejë, the segment from the former “Emin Duraku” to the entrance of the village of Skivjan, a reconsideration on the decision for the declaration of public interest in 143 properties for the realization of the "X Road" project and the review of the recommendation from the Ministry of Finance, Works and Transfers for the review of point 1.11, article 10 of regulation 01 no. 110/04-29366 for Taxes and Fees in the Municipality of Gjakova, dt. 28.12.2022.
In Southern Mitrovica, the MAPL has returned two decisions, the one on allowing the payment of stipends for employees of the Municipality Administration, and the Regulation on the criteria for placing temporary facilities on the surface.
In Gjilan, MAPL has found a legal violation for the decision to put municipal property into use, but the KK, in accordance with the request of the relevant ministry, has harmonized this municipal act within the legal deadline.
In Ferizaj, MAPL has found a legal violation in the decision to form a consultative committee for social services of people with disabilities, but the KK has harmonized this municipal act within the legal deadline.
In Peja, MAPL has found a legal violation in the decision to approve the waste management plan, but the KK, in accordance with the request of the relevant ministry, has harmonized this municipal act within the legal deadline.
Meanwhile, during the assessment of the legality on the acts of the Municipal Councils of Prizren, in the period January-April 2023, the MAPL has not identified any legal violations.
Taking the above data as a basis, EC Ma Ndryshe considers that the above-mentioned KK should be more responsible during decision-making. EC once again reminds that the Municipal Assembly is the highest representative body at the local level and that all members of the Municipal Councils swear that they will perform their duties and exercise their powers according to the law, therefore they must increase the level of responsibility for decision-making in accordance with the legislation in force.
For this reason, the KKs are again recommended that after receiving the evaluations from the central level, in the shortest possible time, they re-examine the acts that are not in accordance with the legislation in force and harmonize them in line with the instructions received from MAPL.