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Public tribune: “Improving of the Legislation in the Filed of the Local Self-government”, Banja Luka, Hotel Bosna – November 20, 2007 - (Supported by NED)

 

On November 20, 2007, in Banja Luka was held the last public tribune “Improving of the Legislation in the Filed of the Local Self-government”, with the support of the partner-organisation hCa Banja Luka.
Representatives of the legislative and executive authorities of RS, authorities of City of Banja Luka, Mrkonjic Grad, Prijedor, Srbac, Laktasi, as well non-governmental organisations, and political parties were invited to the public tribune. Media were also informed about the holding of the public tribune, however, due to the current political situation they did not respond to the invitation.

Speakers at the public tribune in Banja Luka were:
- Mr Vehid Sehic, lawyer, the President of FTC and
- Mr Sahbaz Djihanovic, lawyer, the member of the expert team.

In the introductory speech, Mr Sehic pointed out that nobody is satisfied with existing legislation that is related to the local self-government. The BiH Constitution does not have article related to the local self-government, while the European Charter on Local Self-government gives wide authority to the local communities. However, the existing entity laws in relation to this domain do not provide that. BiH still does not have state-level law that would regulate basic principles in this domain. That law should enable economic independency and associating regardless entity and state borders. In addition, the law should enable municipalities to dispose their property completely.
Since BiH state ratified the charter, it is obliged to ensure complete development of the local self-government in order not to be the purpose to itself, stated Djihanovic in his introductory speech. The right to organise their micro community in accordance with their needs and specifics has to be given to the citizens. The lack of defining of the local self-government at the state level disables its citizens and their local administration to use the EU funds for development of infrastructure, agriculture, culture, industry, etc. since present organisation of the local communities does not have the access to the European funds.
This discussion was very successful, since all the participants used the opportunity to present their attitude and opinion.
Most of the participants supported the FTC initiative on constitutional defining of the local self-government and passing of the state law on local self-government.

Summary of the discussion results:
- passing of the state law should reduce the rights of the higher levels of the authorities, which are related to disposal of the local community property
- the property of the local communities has to be protected from usurping from the higher levels of the authorities and the citizens of the local community should decided upon the property
- economic practice in the world showed that any other level of the authority, except state level and the local level (municipality), can bankrupt. Due to this reason, authorities and obligations of the local communities have to be precisely defined by this legislation, especially in elation to their borrowing.
- We find this public tribune as very successful since there were several contradictory opinions like the one that RS already has entity la, which is quite good, so the state law is not needed
- All other participants supported the initiative of the public tribune and passing of the state law on local self-government. They pointed out the need for defining of rights and obligations of the local community in relation to disposal of their property, as well defining of the role and influence of the local community citizens in decision-making process.


 
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