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Law of the Republic of Croatia on Local and Regional Self-Government (2001) (English)

11 April 2001 Law on Local and Regional Self-government

CROATIAN PARLIAMENT

569

Pursuant to Article 89 of the Constitution of the Republic of Croatia, I hereby pass a

DECISION

ON PROCLAMATION OF THE LAW ON LOCAL AND REGIONAL SELF-GOVERNMENT

I proclaim the Law on Local and Regional Self-government, passed by the Croatian Parliament at its session held on 6 April 2001.

Number: 01-081-01-1100/2

Zagreb, 10 April 2001

President

of the Republic of Croatia

Stjepan Mesic, signed

THE LAW

ON LOCAL AND REGIONAL SELF-GOVERNMENT

I. GENERAL PROVISIONS

Article 1

This Law shall regulate the local self-government units and regional self-government units, their scope of activities and organisation, the manner of work of their bodies, supervision of their acts and work and other issues of importance for their work.

Article 2

The provisions of this Law shall be applied to the City of Zagreb, the capital of the Republic of Croatia, unless otherwise stipulated by a special law.

Article 3

Local self-government units shall be municipalities and towns.

Regional self-government units shall be counties.

Municipalities, towns and counties shall be established by law.

Article 4

A municipality shall be a local self-government unit which is established, as a rule, for the area of several inhabited settlements representing a natural, economic and social whole, connected by the common interests of the population.

Article 5

A town shall be a local self-government unit in which the county seat is situated, as well as every settlement having more than 10,000 inhabitants and representing an urban, historical, natural, economic and social whole. The suburbs comprising an economic and social whole with the town settlement, connected with it by daily migration movements and daily needs of the population of local significance, may also be included into the composition of a town as units of local self-government.

Exceptionally, a settlement not meeting the conditions as per Paragraph 1 of this Article may also be determined a town where the necessary reasons (historical, economic or geographic) for it exist.

Article 6

A county shall be a regional self-government unit, the area of which represents a natural, historical, traffic, economic, social and self-governing whole, organised in order to perform the tasks of regional interest.

Article 7

The areas of municipalities, towns and counties, their names, the seats of their bodies, establishment of new and abolishing or merging of the existing municipalities or towns, the extraction of certain settlements from the composition of one municipality or town and inclusion of those settlements in the composition of another municipality or town, changing of borders, as well as other issues of importance for the territorial changes of the local and regional self-government units in the Republic of Croatia shall be regulated by a special law.

Prior to each change of the area of a local and regional self-government unit, the opinion of the inhabitants of that unit shall be obtained.

Article 8

Municipalities, towns and counties shall have statutes.

The statutes shall regulate in more detail the self-governing scope of activities of a municipality, town or county, their symbols, public acknowledgments, organisation, powers and manner of work of their bodies, the manner of conducting business, the forms of consulting the citizens, the conduct of referenda on the issues from their scope of activities, local self-government, organisation and work of the public services, forms of co-operation of local and regional self-government units and other issues of importance for exercising the rights and obligations.

Article 9

Municipalities, towns and counties shall be legal persons.

Article 10

A local self-government unit and regional self-government unit may have a coat of arms and a flag. The coats of arms and flags of local and regional self-government units shall be established by the statutes or statutory decisions, with the prior approval of the central state administration body competent for the local and regional self-government.

A coat of arms shall be heraldically correct and described according to the heraldic rules. A coat of arms shall be exclusively comprised of a shield and contents inside of it.

Local and regional self-government units shall, as a rule, take over their historical coats of arms and flags.

The head of the central state administration body competent for the local and regional self-government, shall pass the Rule-book on the establishment of coats or arms and flags, on the keeping of records on issued approvals as per Paragraph 1 of this Article, as well as on other issues of importance for the creation and use of coats of arms and flags of local and regional self-government units.

The central state administration body competent for the local and regional self-government shall refuse to grant the approval as per Paragraph 1 of this Article, in case the coat of arms of a local or regional self-government unit insufficiently differs from the coat of arms and flag of another local or regional self-government unit.

One sample of the approved coat of arms and flag shall be kept in the Croatian State Archives.

Pursuant to the criteria established by the general act of the representative body, the authorities of a local or regional self-government unit may approve the use of the coat of arms and flag to legal persons, in order to promote the interests of a municipality, town or county.

Article 11

The representative body of a municipality, town and county may proclaim certain persons, who are meritorious for the municipality, town or county, the honorary citizens of the municipality, town or county.

The honor shall not grant special rights or obligations and it may be recalled in case the honoured person shows to be unworthy of such an honour.

The representative body may also determine other public acknowledgments.

Article 12

While exercising the common interests, municipalities, towns and counties shall mutually co-operate on improving the economic and social development of their communities.

Municipalities, towns and counties may establish their associations in order to promote and realise the common interests.

For the purpose of promotion of the common interests and improvement of the co-operation, municipalities, towns and counties may establish a national association of municipalities, national association of towns and national association of counties. A national association may be established if the decision on the establishment was passed by more than a half of municipalities, towns or counties.

A national association of municipalities, a national association of towns and a national association of counties may be associated in a national union of local and regional self-government units.

Article 13

The provisions of a special law regulating the establishment and work of associations shall be adequately applied to the establishment and work of the associations of municipalities, towns and counties, as well as the union of local and regional self-government units.

The organisation, scope of activities and manner of financing of an association or a union, shall be regulated by the act on the establishment and the statute, in accordance with the law.

National associations and the national union may, in accordance with the law, co-operate with the appropriate international organisations and associations of local or regional self-government units, and join their international associations.

II. CO-OPERATION OF MUNICIPALITIES, TOWNS AND COUNTIES WITH LOCAL AND REGIONAL SELF-GOVERNMENT UNITS OF OTHER COUNTRIES

Article 14

The co-operation of municipalities, towns and counties with the respective local and regional self-government units of other countries shall be established and implemented within the framework of their self-governing scope of activities, in accordance with the law and international treaties.

Article 15

The decision on the establishment of mutual co-operation, or on the conclusion of an agreement (contracts, charters, memoranda et al, hereinafter: the agreement) on co-operation of towns, municipalities and counties with the respective local and regional units of other countries, as well as on the contents and forms of that co-operation, shall be passed by the representative body of a local self-government unit, or regional self-government unit, in accordance with its general acts and this Law.

Article 16

The municipality, town and county shall forward the decision on the establishment of co-operation or agreement on co-operation with local or regional self-government units of other countries together with the text of the agreement on co-operation in the Croatian language and in the language of the country where the local or regional self-government unit with which the stated agreement is concluded is situated, to the central state administration body competent for the local and regional self-government, which shall perform the supervision of the legality of that decision.

When the central state administration body competent for the local and regional self-government evaluates that the decision as per Paragraph 1 of this Article is not in accordance with the law, it shall, within 8 days from the day of its receipt, propose to the Government of the Republic of Croatia to repeal the decision.

The Government of the Republic of Croatia may, within 30 days from the day of receipt of the proposal, repeal the decision as per Paragraph 1 of this Article by a decision which has to be explained.

A local or regional self-government unit may file a constitutional complaint against the decision of the Government of the Republic of Croatia on repealing the decision as per Paragraph 1 of this Article, in order to protect the right to local and regional self-government.

If the Government of the Republic of Croatia fails to pass the decision on repeal within the deadline as per Paragraph 3 of this Article, it shall be considered that the decision as per Paragraph 1 of this Article was passed in accordance with the law.

Article 17

The agreement on co-operation concluded by municipalities, towns and counties with local and regional self-government units of other countries shall be published in the official gazette of the stated unit.

If a municipality or town do not have their official gazette, the agreement on co-operation shall be published in the official gazette of the county.

III. THE SELF-GOVERNING SCOPE OF ACTIVITIES OF MUNICIPALITIES, TOWNS AND COUNTIES

Article 18

Municipalities, towns and counties shall be independent in deciding on the tasks from their self-governing scope of activities in accordance with the Constitution of the Republic of Croatia and this Law.

Article 19

Local self-government units shall, within their self-governing scope of activities, perform the tasks of local significance, which directly fulfil the citizens’ needs, and which were not assigned to the state bodies by the Constitution or law, particularly the tasks referring to the following:

• urban design of settlements and dwelling,
• zoning and urban planning,
• communal activities,
• child care,
• social welfare,
• primary health care,
• personality development and primary education,
• culture, physical culture and sports,
• consumers protection,
• protection and improvement of the natural environment,
• fire and civil defence.

The special laws regulating particular activities as per Paragraph 1 of this Article shall determine the tasks, the performance of which by a local self-government unit shall be obliged to organise, as well as the tasks a local self-government unit may perform, if it has ensured the conditions for their performance.

Article 20

The counties shall, within their self-governing scope of activities, perform the tasks of regional significance, particularly the tasks referring to the following:

• school system,
• health system,
• zoning and urban planning,
• economic development,
• traffic and traffic infrastructure,
• planning and developing the network of educational, health, social and cultural institutions.

The special laws regulating particular activities as per Paragraph 1 of this Article shall determine the tasks, the performance of which a county shall be obliged to organise, as well as the tasks a county may perform, if it has ensured the conditions for their performance.

Article 21

Towns with more than 30,000 inhabitants, besides the tasks as per Article 19 of this Law, may also perform the tasks as per Article 20, Paragraph 1, Subparagraphs 1 to 5 of this Law in their areas if they have ensured the conditions for their performance.

Article 22

Individual tasks from the self-governing scope of activities of a local self-government unit may be transferred to the county or to the local self-government by a decision of the representative body of a local self-government unit, in accordance with its statute and the statute of the county.

The representative body of a local self-government unit may request the county assembly to entrust it with the performance of certain tasks from the self-governing scope of activities of the county in that unit’s area, with the consent of the central state administration body competent for the tasks of local and regional self-government, if it is able to provide sufficient revenues for their performance.

Article 23

The state administration tasks performed in local self-government units and in regional self-government units shall be stipulated by law.

The costs of the performance of the state administration tasks transferred to the bodies of local and regional self-government units shall be settled from the state budget.

The law regulating the state administration shall regulate in more detail the rights and obligations of the bodies of local and regional self-government units in the performance of the tasks as per Paragraph 1 of this Article.

IV. DIRECT PARTICIPATION OF CITIZENS IN THE DECISION-MAKING

Article 24

Citizens may directly participate in the decision-making on local affairs through referenda and local citizens’ meetings, in accordance with the law and the statutes of local and regional self-government units.

A referendum may be called for the purpose of deciding on a proposal of statute amendment, on the proposal of a general act or another issue from the scope of activities of the representative body, as well as on other issues determined by law and the statute.

Pursuant to the provisions of the law and statute, a referendum shall be called by the representative body upon the proposal of one third of its members, upon the proposal of the authorities, and in municipalities and towns, also upon the proposal of one half of local boards in the area of the municipality or town and upon the proposal of 20% of the voters entered into the voters’ register of the municipality or town.

Citizens who have permanent residence in the area of the municipality, town or county and are entered into the voters’ register, shall have the right to vote in referenda.

The decisions passed in referenda shall be binding for the representative bodies.

The provisions of Articles 79 to 82 of this Law shall be applied to the procedure of conducting a referendum, as well as to the decisions passed in a referendum.

Municipal or town councils may request the opinion from the local citizens’ meetings on the proposal of a general act or other issue from the scope of activities of a municipality or town, as well as on other issues determined by law or the statute.

Article 25

The citizens shall have the right to propose to a representative body the passing of certain acts or resolving certain issues from its scope of activities.

The representative body shall discuss the proposal as per Paragraph 1 of this Article, if it is supported by the signatures of at least 10 percent of the voters entered into the voters’ register of the municipality, town or county, and it shall give the answer to the submitters within three months from the receipt of the proposal, at the latest.

Article 26

The bodies of local and regional self-government units shall be obliged to enable the citizens and legal persons to submit petitions and complaints to their work and to the work of their administrative bodies, as well as to the incorrect behaviour of the employees in those bodies when addressing them in order to exercise their rights and interests or fulfil their civil duties.

Heads of the bodies of local self-government units or administration bodies of those units shall be obliged to give answers to the citizens and legal persons within 30 days from the day the petition or complaint was submitted.

The bodies as per Paragraph 1 of this Article shall be obliged to provide necessary technical and other means for submitting petitions and complaints (a Book of Complaints etc.) in a visible place in the official premises and enable verbal expression of the petition and complaint.

V. BODIES OF LOCAL SELF-GOVERNMENT UNITS AND REGIONAL SELF-GOVERNMENT UNITS

1. THE REPRESENTATIVE BODIES

Article 27

Municipal councils, town councils and county assemblies shall be the representative bodies of citizens and the bodies of local or regional self-government, passing acts within the scope of activity of local or regional self-government units, as well as performing other tasks in compliance with the law and statutes of local or regional self-government units.

Article 28

The number of members of a representative body shall be uneven, and it shall be determined by the statute of the local or regional self-government unit, in such a manner that the representative body of:

• a municipality up to 3000 inhabitants shall have between seven and thirteen members,
• a municipality which has between 3,001 and 10,000 inhabitants shall have between nine and fifteen members,
• a municipality and town which has between 10,001 and 30,000 inhabitants shall have between thirteen and nineteen members,
• a town with more than 30,000 inhabitants shall have between nineteen and thirty-five members,
• the City of Zagreb shall have fifty-one members,
• a county shall have between thirty-one and fifty one members.

In the case that a town has been established, in compliance with the provision of Article 5, Paragraph 2 of this Law, the provisions of Paragraph 1 of this Article, relating to the municipalities with up to 3,000 or 10,000 inhabitants shall be applied to the number of members of its representative body.

Article 29

The mandate of members of representative bodies of local and regional self-government units, elected at regular elections, shall last four years.

The mandate of members of representative bodies of local and regional self-government units, elected at early elections, shall last until the expiration of the running mandate of the representative body elected at regular elections.

Article 30

The members of a representative body shall not have a binding mandate and shall not be revocable.

The member of a representative body who, during the mandate, accepts to perform a duty which is deemed incompatible according to the provisions of a special law, shall have his mandate suspended for the period while performing the incompatible duty, and during that period he shall be replaced by a deputy, in accordance with the provisions of the special law. The continuation of performance of duty of a member of a representative body on the basis of the cessation of the suspension of the mandate may be requested once during the mandate.

Article 31

A member of a representative body shall perform his duty in an honorary manner and shall not receive compensation therefor.

A member of a representative body shall be entitled to the compensation of costs in accordance with a decision of the representative body.

Other rights and duties of the members of a representative body shall be determined by law, the statute of the local or regional self-government unit, and by the standing orders of the representative body.

Article 32

A representative body shall be considered constituted by the election of the president at the first session attended by the majority of members of the representative body.

Article 33

The mode of operation of a representative body shall be regulated by the standing orders of the representative body, in compliance with this Law and the statute.

The standing orders shall be passed by the majority of votes of all members of the representative body.

Article 34

A representative body shall have a president and up to two deputy presidents, which are elected by the majority of votes of all members of the representative body.

The president of a representative body shall convene sessions of the representative body, chair the sessions and represent that body.

The president of a representative body shall convene sessions of the representative body according to the need, and at least once in three months.

The president shall be obliged to convene the session of the representative body upon the explained request of at least one third of the members of the representative body, within 15 days from the receipt of the request.

If the president of a representative body fails to convene the session within the deadline as referred to in Paragraph 4 of this Article, the session shall be convened by the head of municipality, mayor or county-prefect within further 15 days. In the municipalities and towns as per Article 40, Paragraph 1 of this Law, the session shall be convened by the county prefect.

Other rights and duties of the president and deputy president of a representative body shall be determined by the standing orders of the representative body.

Article 35

A representative body shall:

1. pass the statute of the local or regional self-government unit;
2. pass the decisions and other general acts regulating the issues from the self-governing scope of activity of the local or regional self-government unit;
3. elect and relieve of duty the head of municipality, mayor or county prefect and their deputies, as well as the members of the authorities, unless otherwise stipulated by this Law,
4. establish and elect members of the working bodies of the council or of the assembly, as well as appoint and relieve of duty other persons stipulated by law, another regulation or the statute;
5. regulate the organisation and scope of activity of the administrative bodies of a local or regional self-government unit;
6. establish public institutions and other legal persons for the performance of economic, social, utility and other activities of interest for a local or regional self-government unit;
7. perform other tasks which have been put within the competence of the representative body by law or another regulation.

Article 36

A representative body shall pass decisions by the majority of votes, if the session is attended by the majority of members of the representative body.

The statute of a local and regional self-government unit, budget and yearly settlement, shall be passed with the majority of votes of all members of the representative body.

The standing orders of the representative body may stipulate other issues, which shall be decided upon by the majority of votes of all members of the representative body.

Article 37

The voting at the sessions of the representative body shall be public, unless the representative body decides to vote on a certain issue by a secret ballot.

Article 38

The representative body shall establish permanent or temporary committees and other working bodies with the purpose of preparing the decisions from its scope of activity.

The composition, number of members, scope of activity and the mode of operation of the bodies as per Paragraph 1 of this Article shall be determined by the standing orders or a special decision on the establishment of a working body.

2. EXECUTIVE BODIES

Article 39

Executive bodies of a local and regional self-government unit shall be the head of municipality and municipal authorities in a municipality, the mayor and the town authorities in a town and the county prefect and county authorities in a county.

Article 40

In a municipality and town in which, pursuant to this Law or statute, in compliance with this Law, the authorities’ duty is performed by the representative body, the duty of the head of municipality or mayor shall be performed by the president of the municipal or town council, and the duty of the deputy-head of municipality or deputy-mayor shall be performed by the vice-president of the municipal or town council.

In a municipality or town which has the authorities, the head of municipality or mayor shall be elected by the municipality council or the town council from among its members, in a manner and procedure determined by the standing orders, in compliance with the statute and law.

A county prefect shall be elected by the county assembly from among its members, in a manner and procedure determined by the standing orders, in compliance with the statute and law.

Head of municipality, mayor and county prefect shall be elected by the representative body, as a rule, from among the leaders of the party slates and independent slates which won the mandates in the representative body.

Head of municipality, mayor and county prefect shall be elected by the majority of votes of all members of the representative body.

Article 41

Head of municipality, mayor and county prefect shall, in compliance with the statute and law, have up to two deputies who are elected by the majority of votes of all members of the municipal council, town council and county assembly.

Article 42

Head of municipality, mayor or county prefect shall represent the municipality, town or county.

Head of municipality, mayor or county prefect shall be responsible to the central bodies of the state administration for the performance of the tasks of the state administration transferred into the scope of activity of the municipal, city or county bodies.

Head of municipality, mayor or county prefect, while performing the tasks from the self-governing scope of activity of the municipality, town or county, shall have the right to suspend from execution a general act of the representative body if it deems that this act violates the law or another regulation, and to request from the representative body to remove the detected shortcomings within fifteen days. If the representative body fails to do so, the head of municipality, mayor or county-prefect shall be obliged to inform the head of the central body of the state administration competent for the supervision of the legality of work of the bodies of local or regional self-government units about it, within eight days.

Head of municipality, mayor or county-prefect shall perform the tasks determined by the statute of the municipality, town or county, in compliance with the law.

Article 43

The head of municipality, mayor or county-prefect shall be replaced by one of the deputies he has determined, in compliance with the statute, in case of a long absence or other reasons of incapacity to perform his duty.

Head of municipality, mayor or county-prefect may, in compliance with the statute, entrust one of his deputies with the performance of certain tasks from his scope of activity. While performing the entrusted tasks, the deputy shall be obliged to adhere to the instructions of the head of municipality, mayor or county-prefect. By entusting the deputy with the tasks from his scope of activity, the liability of the head of municipality, mayor or county-prefect for their performance shall not cease.

Article 44

Executive tasks in a municipality shall be performed by the municipal authorities, in a town by the town authorities and in a county by the county authorities (hereinafter: the authorities).

In a municipality with up to 3,000 inhabitants, no authorities shall be elected for the performance of the executive tasks, but its duties shall be performed by the representative body.

A municipality which has between 3,001 and 10,000 inhabitants may determine by the statute that no authorities shall be elected for the performance of the executive tasks, and that its duties shall be performed by the representative body.

In case a town has been established in compliance with the provision of Article 5, Paragraph 2 of this Law, the provisions of Paragraph 1 of this Article, which relate to municipalities with up to 3,000 or 10,000 inhabitants, shall be applied to the election of the authorities and number of members thereof.

Article 45

Head of municipality, mayor or county prefect shall be the president of the municipal, town or county authorities.

Article 46

Members of the authorities shall be elected by the representative body, as a rule, from among its members by the majority of votes of all members, for a period of four years, at the proposal of the president of the authorities.

Members of the authorities may be in charge of one or more specific areas from the scope of activity of the local or regional self-government.

Article 47

The number of members of the authorities shall be uneven, and it shall be determined by the statute in such a manner that the authorities of:

• a municipality which has between 3,001 and 10,000 inhabitants shall have between three and five members,
• a municipality and town which has between 10,001 and 30,000 inhabitants shall have between five and seven members,
• a town with more than 30,000 inhabitants shall have between seven and nine members,
• the City of Zagreb shall have between nine and fifteen members,
• a county shall have between seven and thirteen members.

In the case that a town has been established in compliance with the provision of Article 5, Paragraph 2 of this Law, the provisions of Paragraph 1 of this Article, relating to the municipalities with up to 10,000 inhabitants shall be applied to the number of members of its authorities.

Article 48

The authorities shall:

1. prepare the proposals of general acts,
2. perform or ensure the performance of the general acts of the representative body,
3. guide the activity of the administrative bodies of local or regional self-government units in the performance of tasks from their self-governing scope of activity and supervise their work,
4. manage and dispose of the immovable and movable property owned by the local or regional self-government unit, as well as its revenues and expenses, in compliance with the law and statute,
5. perform other tasks determined by the statute.

Members of the authorities shall not have the right to participate in the decision-making on the issues as per Paragraph 1, Item 4 of this Article when they are personally, or through the members of the close family, an interested party.

Article 49

The authorities shall pass decisions by the majority of votes if the session is attended by the majority of its members.

The authorities shall pass decisions on disposing of the immovable and movable property owned by the local or regional self-government unit, as well as of its revenues and expenses, by the majority of votes of all members.

The organisation, mode of operation and decision-making of the authorities shall be regulated in more detail by its standing orders, in accordance with the statute and this Law.

Article 50

The authorities shall be responsible to the representative body of the local or regional self-government unit.

Article 51

The vote of confidence in the head of municipality, mayor, county-prefect or their deputies, an individual member of the authorities or the authorities as a whole, may be initiated upon the proposal of at least one third of the members of the representative body. The vote of confidence to the authorities may also be requested by its president.

The vote of confidence may not be discussed and the voting may not take place before the expiration of seven days from the day of delivery of the proposal to the president of the representative body.

The discussion and vote of confidence shall be conducted within 30 days from the day of delivery of the proposal to the president of the representative body, at the latest.

Article 52

The decision of no-confidence shall be accepted if the majority of all members of the representative body voted for it.

When the representative body has passed the vote of no-confidence in the head of municipality, mayor, county-prefect or the authorities as a whole, it shall elect the new head of municipality, mayor or county-prefect within 30 days from the day of passing the vote of no-confidence.

If the date of relieving of duty and cessation of the duty was not stipulated in the decision on expressing no-confidence in the head of municipality, mayor, county-prefect or the authorities as a whole, the head of municipality, mayor or county-prefect and the authorities which received the vote of no-confidence shall be considered relieved of duty and their duty shall cease with the election of the new head of municipality, mayor or county-prefect.

With the decision on expressing the vote of no-confidence in the head of municipality, mayor or county prefect and member of the authorities, their duty as members of the representative body shall not cease.

In case the vote of no-confidence in an individual member of the authorities is passed, the representative body shall decide on the day of his relief of duty.

If the representative body does not pass the vote of no-confidence, the members of the representative body who submitted the proposal may not re-submit the same proposal prior to the expiration of 6 months from its refusal.

VI. ADMINISTRATIVE DEPARTMENTS AND SERVICES OF LOCAL AND REGIONAL SELF-GOVERNMENT UNITS

Article 53

Administrative departments and services (administrative bodies) shall be established for the performance of tasks from the self-governing scope of activity of the local and regional self-government units, as well as of the state administration tasks vested with those units.

In the municipalities and towns without the authorities, a unique administrative department shall be established for the performance of all the tasks from their self-governing scope of activity. The unique administrative department may also be established in the municipalities and towns which have the authorities.

The organisation of the administrative bodies as per Paragraph 1 of this Article shall be regulated by the general act of the local or regional self-government unit, in compliance with the statute and law.

The administrative bodies shall be managed by heads of offices, who shall be appointed by the authorities, on the basis of public tenders.

Article 54

Two or more units of local self-government, especially those spatially linked into a unique whole (municipalities and towns on an island etc.), may jointly organise the performance of certain tasks from their self-governing scope of activity.

For the performance of tasks from the self-governing scope of activity in the manner as per Paragraph 1 of this Article, the local self-government units may establish a joint body, joint administrative department or service, joint trading company or may jointly organise their performance in compliance with special laws.

The mutual relations of local self-government units in the joint organisation of the performance of tasks from the self-governing scope of activity shall be regulated by a special agreement, in compliance with the law and their statutes and general acts.

Article 55

Administrative bodies outside of its seat may also be established by the statute of a county for the performance of certain tasks from its self-governing scope of activity.

Article 56

Administrative, professional and other tasks in local and regional self-government units shall be performed by officials and employees.

The officials shall perform the administrative and professional tasks from the scope of activity of the bodies they work for, and the employees shall perform the accompanying and assisting tasks.

The rights, obligations and responsibilities, as well as other issues of importance for the work of officials and employees in the administrative bodies of local self-government units and regional self-government units shall be regulated by a special law.

VII. LOCAL SELF-GOVERNMENT

Article 57

Local boards shall be established by the statute of a local self-government unit as a form of immediate citizens’ participation in decision-making on local affairs, of immediate and everyday influence on the life and work of citizens.

A local board shall be established for one settlement, several mutually linked small settlements or for a part of a bigger settlement or town, which constitutes a separate demarcated whole (part of a settlement) in relation to other parts.

Article 58

An initiative and proposal for the establishment of a local board may be given by the citizens and their organisations and associations, as well as other bodies determined in the statute of the municipality or town.

Article 59

The statute of a municipality or town shall regulate, in compliance with the law, the procedure of giving an initiative and submitting a proposal for the establishment of a local board, the scope of activity and powers of the bodies of a local board, determination of the working programme of the local board, the basics of the local board’s rules, the manner of financing their activity, performance of administrative and other tasks for their needs, as well as other issues of importance for the exercise of their rights and obligations determined by the law, statute and other general acts of the representative body.

Article 60

A local board may be entrusted with the performance of certain tasks from the self-governing competence of the municipality or town, by the statute of the municipality or town, which have the immediate and everyday influence on the life and work of the citizens in the area of the local board.

The funds for the performance of the tasks as per Paragraph 1 of this Article shall be ensured in the budget of the municipality or town.

Article 61

The bodies of a local board shall be the council of a local board and the president of the council of the local board.

The council of a local board shall be elected by the citizens from the area of the local board with the right to vote. The members of the council shall be elected directly by secret ballot, and the provisions of the law which regulates the election of the members of representative bodies of local self-government units shall be adequately applied to the election procedure.

The mandate of the members of a local board council shall last four years.

The council of a local board shall pass the working programme of the local board, rules of the local board, standing orders on its work in compliance with the statute, the financial plan and yearly settlement, as well as perform other tasks determined by the law and the statute.

Article 62

The council of a local board shall elect the president of the council from among its ranks by secret ballot, for a term of four years.

The president of the council of a local board shall, in compliance with the statute, represent the local board and shall be responsible for his work to the local board council.

For the performance of the tasks as per Article 60 of this Law, the president of the council of a local board shall be responsible to the head of municipality or mayor.

Article 63

The council of a local board may, in compliance with the statute, convene local citizens’ meetings, in order to discuss the needs and interests of the citizens, as well as to give proposals for the resolution of the issues of local importance.

A local citizens’ meeting shall be convened for the part of the local board area which constitutes a certain whole (a part of a settlement, an apartment block etc.).

A local citizens’ meeting shall be chaired by the president of the local board or a member of the local board council, determined by the council.

Article 64

The supervision of the legality of work of the bodies of the local board shall be performed by the authorities, which may dissolve the local board council, if it frequently violates the statute of the unit, the rules of the local board or fails to perform the entrusted tasks.

In the municipalities and towns which do not have the authorities, the tasks as per Paragraph 1 of this Article shall be performed by the representative body.

Article 65

Town districts or town blocks as special forms of local self-government may be established by the statute in towns.

A town district or town block shall be a form of local self-government which is established for the area which represents an urban, economic and social whole and which is interconnected with the common interests of the citizens.

The scope of activities, powers and bodies of the town districts or town blocks shall be regulated by the statute of the town, in compliance with the provisions of this Law relating to the local self-government in local boards.

Article 66

Local boards, town blocks and town districts shall be legal persons.

VIII. PROPERTY AND FINANCING OF LOCAL AND REGIONAL SELF-GOVERNMENT

1. PROPERTY OF LOCAL AND REGIONAL SELF-GOVERNMENT UNITS

Article 67

All movable and immovable objects, as well as the property rights, belonging to a local or regional self-government unit, shall constitute its property.

A local or regional self-government unit shall manage, use and dispose of its property in the manner of a good host.

2. FINANCING OF LOCAL AND REGIONAL SELF-GOVERNMENT UNITS

Article 68

A local self-government unit and a regional self-government unit shall have the revenues, which shall be at its free disposal within the framework of its self-governing scope of activity.

The revenues of the local self-government units and regional self-government units shall be proportional to the tasks their bodies are performing in compliance with the law.

The revenues of a local or regional self-government unit shall include:

1. municipal, town or county taxes, local taxes, compensations, contributions and fees,
2. the revenues from the property in its ownership and from the property rights,
3. the revenues from the trading companies and other legal persons in its ownership, or in which it has a share or stocks,
4. the revenues from the compensations for a concession which is being granted by its representative body,
5. the fines and confiscated proprietary profit for the offences which it stipulates itself, in accordance with the law,
6. a share in the common taxes with the Republic of Croatia,
7. the means of assistance and donations of the Republic of Croatia foreseen in the state budget,
8. other revenues determined by law.

Article 69

 

The annual budget of a local self-government unit and regional self-government unit shall be forwarded to the Ministry of Finance within 15 days from the day of its adoption.

Article 70

If the annual budget for the next fiscal year cannot be adopted before the beginning of the year it relates to, temporary financing shall be carried out, for a maximum period of 3 months.

The decision on temporary financing shall be passed by the representative body, in compliance with the law.

Article 71

The total material and financial transactions of a municipality, town and county shall be supervised by its representative body.

Article 72

The Ministry of Finance, or other body determined by law, shall supervise the legality of the material and financial transactions of the local self-government units and regional self-government units.

IX. ACTS OF LOCAL AND REGIONAL SELF-GOVERNMENT UNITS

1. GENERAL ACTS

Article 73

The representative body of a municipality, town and county shall, within its self-governing scope of activity, pass decisions and other general acts in accordance with its statute.

A general act shall be obligatorily published in the official gazette of the unit before it has come into effect.

If a municipality or town does not have its official gazette, the general act of the municipality and town shall be published in the official gazette of the county.

A general act shall come into effect on the eighth day from the day of its publication at the earliest. Exceptionally, for especially justified reasons, it may be stipulated by a general act that it shall come into effect on the day of its publication.

A general act may not have a retroactive effect.

Article 74

The head of municipality, mayor and county prefect shall ensure the implementation of the general acts of the representative body in a manner and procedure stipulated by the statute of the local or regional self-government unit, as well as perform the supervision of the legality of work of the administrative bodies performing the tasks from the self-governing scope of activity of a local or regional self-government unit.

Article 75

Administrative bodies established to perform the tasks from the self-governing scope of activity of a local or regional self-government unit shall directly execute and supervise the implementation of the general acts of its representative bodies.

While conducting the supervision as per Paragraph 1 of this Article, the administrative bodies may, in case of non-implementation of a general act, undertake measures stipulated by that act and law.

2. INDIVIDUAL ACTS

Article 76

Administrative bodies of local self-government units and regional self-government units shall, while executing the general acts of the representative body, pass individual acts by which they resolve the rights, obligations and legal interests of natural and legal persons.

Exceptionally to Paragraph 1 of this Article, while executing the general acts of the representative body when it is determined by law, the bodies of the state administration shall pass individual acts resolving the rights, obligations and legal interests of natural and legal persons.

An appeal before the competent administrative body of the county may be submitted against the individual acts as per Paragraph 1 of this Article, passed by the municipal and town administrative bodies, and an appeal to the competent Ministry may be submitted against the individual acts passed, at first instance, by the county administrative bodies.

The provisions of the Law on General Administrative Procedure shall be adequately applied to the passing of the acts from this Article, unless the procedure before the bodies of local or regional self-government units has been stipulated by law.

In compliance with the provisions of the Law on Administrative Disputes, an administrative dispute may be initiated against the final individual acts as per Paragraph 1 of this Article.

The provisions of this Article shall also pertain to individual acts passed by legal persons who have been entrusted with public powers by a decision of a representative body, in accordance with the law.

Article 77

An individual act resolving the obligation of assessment of local taxes, contributions and compensations, or the taxes, contributions and compensations which are the revenue of regional self-government units, shall be passed by a summary administrative procedure.

A summary administrative procedure shall also be implemented with individual acts resolving the rights, obligations and interests of natural and legal persons, on the part of the legal persons founded by a local self-government unit or regional self-government unit.

X. STATE SUPERVISION AND PROTECTION OF LOCAL AND REGIONAL SELF-GOVERNMENT

Article 78

The state shall perform supervision of the legality of work and acts of the bodies of local and regional self-government units, in order to protect the constitutionality and legality, as well as to protect the rights of citizens.

The supervision of the legality of work and acts of local and regional self-government units shall be conducted in the manner and in the procedure determined by the law regulating the state administration.

1. SUPERVISION OF THE LEGALITY OF GENERAL ACTS

Article 79

The supervision of the legality of general acts of the representative body of local self-government units and regional self-government units within their self-governing scope of activity shall be performed by the body of the central state administration in charge of local and regional self-government.

The head of municipality, mayor and county prefect shall be obliged to forward, within eight days from the day of adoption, the statute and general acts adopted by the representative body of the local or regional self-government unit, to the head of the county office competent for the tasks of general administrative affairs.

Article 80

The head of the county office competent for general administrative affairs shall be obliged to carry out the supervision of legality of a general act, and when he deems that the general act is contrary to the Constitution and law, he shall be obliged to pass a decision on the suspension of application of the general act, within 8 days from the day of delivery, which shall be explained.

The decision on suspension of the application of a general act may also be passed directly by the central body of the state administration in charge of local and regional self-government.

The decision on the suspension of application shall be forwarded, without delay, to the head of municipality, mayor or county prefect, as well as to the president of the representative body which passed the general act.

Article 81

When the decision on suspension of the application of a general act is passed by the head of the county office competent for general administrative affairs, he shall be obliged to forward the general act and the decision on suspension, without delay, to the central body of the state administration competent for the local and regional self-government.

The central body of the state administration shall evaluate the justification of suspension of the application of a general act within 8 days.

The central body of the state administration shall forward to the Government of the Republic of Croatia the decision on suspension of the application of a general act which it deemed justified.

The central body of the state administration shall, if it deems a decision on suspension of the application of a general act unjustified, repeal the decision of the head of the county office competent for general administrative affairs, and forward its decision to him, the head of municipality, mayor or county prefect, as well as to the president of the representative body which passed the general act.

Article 82

When the central body of the state administration suspends the application of a general act, or deems the suspension of application of a general act justified, it shall propose to the Government of the Republic of Croatia the initiation of a procedure of evaluation of constitutionality and legality before the Constitutional Court of the Republic of Croatia.

The local or regional self-government units shall be informed on the proposal for initiation of the procedure of evaluation of constitutionality and legality.

Should the Government of the Republic of Croatia not initiate the procedure as per Paragraph 1 of this Article within 30 days from the receipt of the proposal for initiation of the procedure of evaluation of constitutionality and legality of a general act, the suspension of application of the general act shall cease.

2. SUPERVISION OF THE PERFORMANCE OF THE TRANSFERRED TASKS OF STATE ADMINISTRATION

Article 83

In the performance of the state administration tasks transferred to the bodies of a local or regional self-government unit, the competent ministry may issue orders to the head of the municipality, mayor and county prefect.

The Government of the Republic of Croatia may deprive the bodies of a local and regional self-government unit of the power to perform the transferred state administration tasks, should the head of municipality, mayor or county prefect not act upon the orders as per Paragraph 1 of this Article.

3. DISSOLUTION OF THE REPRESENTATIVE BODY AND PROTECTION OF THE RIGHT TO LOCAL AND REGIONAL SELF-GOVERNMENT

Article 84

At the proposal of the central body of state administration competent for the local and regional self-government, the Government of the Republic of Croatia shall dissolve the representative body:

1. if it has adopted a decision or another act endangering the sovereignty and territorial integrity of the Republic of Croatia,
2. if the representative body of the newly-established unit of local or regional self-government fails to adopt a statute within 60 days from the day of constitution,
3. if it is frequently adopting general acts contrary to the Constitution, law or another regulation or because of frequent, serious violations of the law and other regulations,
4. if it fails to elect a head of municipality, mayor, or county prefect within 30 days from the day of constituting the representative body or from the vote of no confidence in a head of municipality, mayor or county prefect, or from the submission of the resignation of the head of municipality, mayor or county prefect,
5. if, for any reason, it is permanently left without a minimum number of members necessary for the work and adoption of decisions,
6. if it cannot adopt decisions from its competence for longer than 3 months,
7. if it fails to adopt a budget within the legally stipulated deadline, or if it fails to adopt a decision on temporary financing,
8. if it does not adopt a physical plan within the legally stipulated deadline.

Article 85

The decision of the Government of the Republic of Croatia on the dissolution of a representative body shall be final and it shall come into force on the day of its publication in the "Official Gazette."

Against the decision of the Government of the Republic of Croatia on dissolution, the president of the dissolved representative body may submit a lawsuit to the Administrative Court of the Republic of Croatia within 8 days from the day of the announcement of the decision.

The Administrative Court of the Republic of Croatia shall decide on the lawsuit within 15 days from the day of the receipt and forward the verdict without delay to the Government of the Republic of Croatia and the president of the dissolved representative body.

The verdict of the Administrative Court shall be published in the "Official Gazette."

4. COMMISSIONERS OF THE GOVERNMENT OF THE REPUBLIC OF CROATIA

Article 86

The Government of the Republic of Croatia shall appoint a government commissioner to a local or regional self-government unit:

1. when it has dissolved its representative body,
2. when the elections for a new representative body have not been held, in accordance with the law, in a local or regional self-government unit,
3. when not even within 90 days from the day of announcing the official election results has the representative body of a local or regional self-government unit been constituted.

The commissioner shall be obliged to ensure the exercise of the rights and obligations of the citizens and legal persons in a local or regional self-government unit until its bodies have been established.

The decision on the appointment of a commissioner shall come into force on the day of its publication in the "Official Gazette."

Article 87

When a commissioner of the Government of the Republic of Croatia has been appointed to a local or regional self-government unit, the head of municipality, mayor or county prefect, as well as the authorities, shall also be considered relieved of duty on the day of coming into effect of the decision on the appointment of the commissioner, and their powers shall be taken over by the commissioner.

Article 88

The commissioner may pass or amend general acts of a local or regional self-government unit only if it is necessary for the reason of the implementation of the law or another regulation or harmonization with the law or another regulation.

The commissioner may not pass or amend the budget of a local or regional self-government unit and may not dispose of its property, unless it is necessary for the reason of the realization of obligations assumed earlier or completion of tasks undertaken earlier.

If a budget has not been adopted in a local self-government unit, just as in the case when the decision on temporary financing was passed, the financing shall be carried out on the basis of the budget of the previous year and not later than until the expiration of the deadline of 90 days from the day of constituting the newly-elected representative body.

Article 89

The authority of the commissioner to perform tasks from the scope of activities of a representative body shall cease on the day of constituting the representative body.

The duty of the commissioner in its entirety shall cease on the day of the election of the head of municipality, mayor or county prefect.

XI. THE RIGHTS OF THE PERSONS ELECTED OR APPOINTED TO CERTAIN DUTIES IN THE LOCAL AND REGIONAL SELF-GOVERNMENT UNITS

Article 90

A general act of the representative body may stipulate that a head of municipality and his deputies, mayor and his deputies and county prefect and his deputies may perform their duties professionally.

The person as per Paragraph 1 of this Article shall exercise the right to the salary, or compensation for the salary, as well as other labour rights, and the time of performing the duty shall be counted as the person’s length of service for insurance, in the course of the professional performance of the duty to which the person was elected or appointed.

The basic criteria for determining the salary, or the compensation for the salary of the persons as per Paragraph 1 of this Article shall be determined by a special law.

A person as per Paragraph 1 of this Article shall exercise the rights to the compensation for the salary and the length of service for insurance for the time of 180 days after the cessation of duty, in the amount of an average salary paid to them for the period of 12 months preceding the adoption of decision on the cessation of duty.

The compensation as per Paragraph 4 of this Article shall be paid from the budget of the municipality, town or county.

Before the expiration of the deadline as per Paragraph 4 of this Article, the exercise of the right shall cease upon one’s own request, by employment, retirement or election to another duty which is professionally performed.

Article 91

The rights of the presidents and other elected officials of the representative body, based on the performance of their duty, shall cease:

• upon the expiry of the mandate, except when otherwise determined by this Law,
• on the day of adoption of the decision on relief of duty when the representative body has relieved them of duty before the expiration of the representative body’s mandate, unless otherwise determined by the decision on the relief of duty,
• on the day when the representative body has established the fact of submitting a resignation to the duty, and not later than on the thirtieth day from the day of submission of the resignation,
• on the day of appointment of the commissioner of the Government of the Republic of Croatia, when the legally foreseen circumstances for the appointment of a commissioner have set in.

The decision on the cessation of exercise of the right on the basis of the cessation of the performance of a certain duty shall be delivered to the person whose duty has ceased and to the service performing personnel tasks.

Article 92

The rights based on the performance of the duty of the heads of municipalities, mayors and county prefects, their deputies and the members of the authorities shall cease:

• on the day of election of the new head of municipality, mayor or county prefect,
• on the day when the representative body relieves him of duty on the occasion of a submitted resignation to the duty or on the occasion of no confidence having been expressed,
• on the day of appointment of the commissioner of the Government of the Republic of Croatia when the legally foreseen circumstances for the appointment of a commissioner have set in.

XII. INTERIM AND FINAL PROVISIONS

Article 93

The take-over of the cases, documentation and archives of the county offices pertaining to the tasks which under the provisions of this Law are transferred to the self-governing competence of the local or regional self-government units and state officials and employees of the county offices who have performed those tasks, shall be regulated by special laws, regulating particular areas from the scope of activities of the local and regional self-government units.

The officials and employees as per Paragraph 1 of this Article shall be deployed to jobs and tasks of the administrative bodies of the local and regional self-government units without announcements for vacancies.

Article 94

The use of space and equipment having been used by the county prefects and deputy county prefects until the coming into effect of this Law, shall be regulated by an agreement between a county and the Republic of Croatia.

Article 95

The proceedings initiated before coming into effect of this Law, with regard to the take-over of real estate, movable property, financial means, as well as the rights and obligations of the former municipalities pursuant to the provisions of the Law on Local Self-government and Administration ("Official Gazette", No. 90/92), which have not been completed, shall be continued by the arbitration of the Government of the Republic of Croatia.

Article 96

Until the adoption, i.e., coming into effect of the law from Article 56, Paragraph 3 of this Law, the provisions of the Law on State Officials and Employees ("Official Gazette", No. 27/01), shall be appropriately applied to the employees in the administrative departments and services of the local and regional self-government units.

Article 97

The procedure of appointment of the heads of administrative bodies pursuant to the provision of Article 53, Paragraph 4 of this Law shall be conducted after the representative bodies, elected at the regular elections for the members of representative bodies of the local and regional self-government units of the year 2000, have been constituted.

Article 98

The local and regional self-government units shall be obliged to conform their statutes and other general acts with the provisions of this Law within six months from its coming into effect.

Article 99

The number of members of the representative body of a local self-government unit or a regional self-government unit, which does not have the number of members of the representative body stipulated, in accordance with this Law, in its statute, shall be elected as follows:

• municipalities and towns with up to 2,500 voters registered in the voters’ register, eleven members,
• municipalities and towns with 2,501 to 8,500 voters registered in the voters’ register, thirteen members,
• municipalities and towns with 8,501 to 25,000 voters registered in the voters’ register, fifteen members,
• towns with more than 25,000 voters registered in the voters’ register, twenty- five members,
• the City of Zagreb, fifty-one member,
• counties, forty-one member.

The number of voters in a local and regional self-government unit shall be determined on the basis of the latest confirmed voters’ register.

Article 100

The Law on Local Self-government and Administration ("Official Gazette", No. 90/92, 94/93, 117/93, 5/97, 17/99, 128/99, 51/00 and 105/00) and the Law on Determination of the Tasks from the Self-governing Competence of the Local Self-government and Administration Units ("Official Gazette", No. 75/93, 103/93, 10/94, 17/94, 30/94, 36/95, 107/95, 43/96, 70/97, 105/97, 36/98, 142/98 and 69/99) shall cease to be valid on the day of coming into effect of this Law.

Article 101

This Law shall come into effect on the day of its publication in the "Official Gazette."

Class: 015-01/01-01/02

Zagreb, 6 April 2001

CROATIAN PARLIAMENT

Speaker

of the Croatian Parliament

Zlatko Tomcic, signed