An Association statute draft published, according to FES

An Association statute draft published, according to FES

At a time when the pressure to establish the Association of Serb Majorities is increasing day and day, a draft of this mechanism has already been drafted as a proposal. This is what Friedri Foundation for Social Democracy has done. ch-Ebert-Stiftung, which also operates in Kosovo. Dukeagjini Radio has provided this draft from [...]

Below, find translated Draft-Stitut

On the basis of the Law for Ratification of the First Parliamenting Agreement for the Normalisation of Relations between the Republic of Kosovo and the Republic of Serbia, the ongoing municipalities (LISTA E KOMUNAVE) form the Association/Basy of Communities in which the Kosovo Serb community is in majority.

Article 1

L Association/Unitia is as a legal subject established in accordance with the Constitution and the judicial system of the Republic of Kosovo.

  1. The Institute of Association/Unity is the highest judicial act of Association/Unitedness.
  2. The statue will be approved by the founding assembly of Association/Uniship formed by members of municipal municipalities vote participating in accordance with the Law for Ratification of the First Agreement and the Constitution of the Republic of Kosovo. The statue will be adopted by the Kosovo Government's legal act and will assume the power of a government regulation under Kosovo's legal system following review by the Constitutional Court.
  3. The Assembly of Association/Unity is the body responsible for changing the Statut amendments. The amendments to the Statut should follow the same adoption and implementation procedure.
  4. Association/Unitia consists of these ten (10) municipalities (LISTA E KOMUNAVE) and represents their interests and their residents. Association/Community membership is voluntary. Procedures for additional membership, departure from membership, and break-up of Association/Unibility are defined by this Stattu.
  5. Association/Uniship will not replace or reduce the rights and interests of communities in the Republic of Kosovo, as defined in its constitution and money (ensured) with the judicial system.

 Article 2

The official appointments of this legal person are:

“The Association of Communities in the Republic of Kosovo, in which the Serb community of Kosovo is in majority”, “The municipality of the Republic of Kosovo, in which the Kosovo Serb community is in majority” and “The Association of Communists in the Republic of Kosovo, in which the Kosovo Serb community is in the majority<5>.

All three official appointments refer to the legal person created with this statue.

In this station, the appointment of Association/Basciate means everybody or any of the official names.

Kosovo's official organs or representatives of the Association/Unity have the right to refer to either of the three official names.

Association/Unity activities are based on the principles of voluntary participation by its members, on advancing democracy and local governance, as well as on respecting provisions for protection and representation of the rights and interests of communities involved in the Constitution and laws of Kosovo.

  1. Municipal authorities join the Association/Unibility on the basis of their municipal assembly decision in line with the projections regulating the decision making of this municipal body. In the process of membership in Association/Bascia, each member must approve its statue. Members of the Association/Unity are free to join other national, regional and international associations in a line with the judicial system and the Constitution of the Republic of Kosovo.
  2. Members of the Association/Unity have the right to discontinue membership. The decision to leave the Association/Basia takes over the Assembly of the municipality in line with legal provisions regulating the decision-making of this municipal body. The municipality that has left the Association/Basia can restore its membership through procedures described at the top 4 point.
  3. The association/Uniship will be open to any other municipality, provided members agree.

The decision to accept a new member of the Association/Unibility will be taken in simple majority of its Assembly delegates.

  1. The association/Unitia can be dissolved only with the decision of the Parliament, adopted by 2/3 of its members.

In the event the decision on the break-up is made by the Association/United Assembly, the break-up of Association/Unification is carried by the Government.

The wealth of Association/Uniship is distributed according to decisions from the Association/United Assembly.

Association/Union members have responsibility to respect the Status and the actions of the Society's bodies regularly pay the membership fee, abstain from action within or through Association/United States in a different way.

While in the statue, it supports the integrity, credibility and reputation of Association/Unity.

Members of the Association/Unity have the right to exclude one or more municipalities from membership with the decision of its country adopted by 2/3 of its members.

The Association/Uniship will have its official symbols, including the coat of arms and flag, which will be designed by the Association/United Board in line with the Constitution of the Republic of Kosovo and the Law for Local Self-Government.

  1. The scale of Association/Unibility will be determined with the Status [during its completion and through consultation between the interested parties of Association/Community).
  2. Association/Unitia has a right to its integral budget, bank accounts and has the right to own property and engage in financial transactions.

Article 3

In line with the First Ratified Agreement and the Constitution, Association/Uniacity will have functions as follows.

  • Strengthening local democracy, promoting ethnic, linguistic, religious and other forms of cultural identities represented among the population of participating municipalities,
  • It provides full supervision for the development of the local economy,
  • Exerting Full Watch in the Field of Education
  • It provides full supervision to improve primary and secondary health care and social care.
  • The Association/Basca will accept documents produced by the health and social welfare authorities of the participating municipalities and have the right to seek additional information from the participating municipalities for conducting this post.
  • It will also have the right to request official information from the central authorities concerning performing these functions.
  • During conducting full oversight in the area of primary care and social and secondary care, the Association/Basia will fully adhere to the Constitution and judicial system of the Republic of Kosovo.
  • It provides full surveillance to coordinate urban and rural planning.
  • Association/Unitia fulfills this goal through performing the following functions:
  • Relief of co-operation between its members for urban and intercommunal planning purposes.
  • Presenting the interests of participating municipalities with central authorities in urban and rural intercommunal planning.
  • Offering legal,matic and research-based advice to central authorities and participating municipalities about the processes of expropriation in the territories of these municipalities.
  • Measures to improve local living conditions for returnees to Kosovo.
  • Association/Unitia fulfills this goal through performing the following functions:
  • Relief of co-operation between participating municipalities in behalf of the returnees community.
  • Funding housing solutions for returnees to Kosovo in participating municipalities.
  • To carry out the previously defined functions, the Association/Uniship will regularly receive documents produced by authorities related to the return of participating municipalities and will have the right to seek additional information from the participating municipalities concerning performing this post. It will also have the right to request official information from the central authorities regarding the conduct of these functions.
  • In meeting this objective and in addition to the research-developing activities described above, the Association/Basia will conduct any other research and development activity considered necessary by participating municipalities, as may be important for their individual or those related to intercommunal co-operation.
  • It offers services to its members in accordance with Kosovo law.
  • In meeting this objective, and in addition to the services described above, the Association/Unitia will provide other services that its members or local community associations of participating municipalities may require, in line with Kosovo's legal system laws.
  • To assess the delivery of public services to members and their residents to support Association/Unibility in forming positions of common interest for participation in the work of the central authorities.
  • The association/Uniastia, in line with its internal democratic governance, can form special commissions, separately or together with central authorities, to facilitate the administrative solutions needed for this implementation, such as verifying diplomas and certificates. This article could also apply to open issues between the Republic of Kosovo and the Republic of Serbia, such as mutual accession of certificates and similar issues of importance to the free movement of people and trade.

 

Article 4

In meeting these goals, the Association/Uniship will not harm or bypass the constitutionally envisioned authority and competencies and the law of participating communities and in no way replace or violate the constitutionality and relations between the central and local authorities in the Republic of Kosovo.

 

Article 5

  1. The association/Uniastia will exercise additional competencies, which can be delegated by the central authorities in co-ordination with the Constitution and Kosovo laws.

Article 6

  1. The Association/Basca will have these organs, the Association/Basciate assembly, the chairman of Association/Basciation, the deputy head of the Association/Basia, the Association/Unional Council, the Board of Association/Basity.

Office for Request and Association/United Anxiety.

  1. Association and Co-ordination organs will promote co-existence and peace among the citizens of their member municipalities and encourage the building of appropriate conditions to enable all communities to express, preserve and develop their national, ethnic, cultural, religious and linguistic identities.

Article 7

  1. The Assembly of Association/Unity is its supreme body made up of representatives elected by each assembly of participating municipalities among their elected members, and the same will reflect the composition of municipal municipalities.
  2. The number of representatives of the Assembly is determined by the number of representatives in the municipalities participating in the report's 10 to 1. Each participating municipality delegates a representative to the Association/United Assembly for each municipality for the ten countries in the assembly.
  3. Delegates to the Association/United Assembly are elected by the respective municipal assembly with the mayor's proposal.
  4. In the proposal and selection, the mayor and municipal assemblies will respect the principle of ensuring the ethnic diversity of their municipality. In this way, the ethnic size represented in the municipal assembly will be reflected in the composition of its delegates in the Assembly of Association/Unity. In this process, mayors and municipal municipalities will respect the rights norms of communities involved in the Constitution and the legal system of the Republic of Kosovo.
  5. The Parliament's terms will be related to the term of municipal municipalities participating. In any local election, within a month after the establishment of municipal assemblies, the established municipal municipalities will undergo the procedure of electing their representatives at the Association/United Assembly under procedures described above and in accordance with the law.
  6. The mandate of the Assembly delegates ends with the end of their mandate in the respective municipal assembly. All forms legally provided for the completion of the mandate as councilor of the municipal assembly will be applied until the end of the mandate in the Association/United Assembly. In the event of repeated or partial elections in a certain participating municipality, the mandate of representatives of that municipality in Association ends and is replaced by the municipal assembly delegates founded through repeated or partial elections according to the procedures set up from above and in accordance with/coordination with the law.
  7. The municipal framework of each participating municipality has the right to abolish the mandate of one or more of its delegates in the Association/United Assembly. Repowering the mandate should be reasoned in terms of respecting this statue and Kosovo's judicial system. In replacing its delegates in the Assembly, municipal assemblies will respect the principle of ethnic diversity described above. The initiative for replacing the delegate in the Assembly could be taken by the mayor of the municipality, deputy head of the community, deputy chairman of the municipal assembly for communities, or any councillor of the municipal assembly. Decisions for the revote of the mandate and its replacement are made by the municipal assembly of the respective municipality.
  8. Delegates to the Association/United Assembly will be eligible in financial compensation for their work in the Assembly. Financial compensation will be determined with the Assembly Rule and will be in line with the financial standards of the public service regulated with Kosovo law.

 Article 8

1. Meetings of the Association/United Assembly are called and headed by the Chairman of Association/United States.

In his absence/her absence, meetings will be called and led by the deputy chairman of the Association/Basity.

If both are absent or stumbled otherwise, the oldest delegate available may call and conduct the corresponding Assembly meeting.

  1. The Assembly meetings are called at the initiative of the chairman of Association/Unibility, the Association/United Board, or 1/3 of delegates to the Association/United Assembly.
  2. After the inauguration, and within three months, the Assembly will draft its labour regulation to regulate the voting system and other procedural issues.

Adjusting work will be in line with Kosovo's Status and legal system. Adjusting the work, as closely as possible, will reflect the regulation of municipal assembly work in Kosovo. Adjusting the work requires the approval of 2/3 of the Assembly delegates.

4. The Assembly meets at least twice a year and can hold other regular and ad hoc meetings. The clock and other procedures at the Assembly of the Assembly will be arranged with the Labour Order.

To see the full document, read below:

Statistics -of the - AOM-1-1. am

 

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