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Unofficial translation

LAW ON LOCAL SELF-GOVERNMENT

("Official Gazette of the Republic of Serbia", no. 129/2007)

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II. UNITS OF LOCAL SELF-GOVERNMENT

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3. Bodies of the unit of local self-government

3.1. The Municipality

Article 27

The bodies of the Municipality are: the Assembly of the Municipality, the President of the Municipality, the Municipal Council and the Municipal Administration.

3.1.1. The Assembly of the Municipality

Article 28

The Assembly of the Municipality is the highest body of the Municipality carrying out functions of local government set out by the Constitution, law and the Statute.

The Assembly consists of councilors elected by the citizens on direct elections and by secret vote, in accordance with the law and the Statute of the Municipality.

The Assembly of the Municipality shall be considered constituted when the President of the Assembly is elected and the Secretary of the Assembly is appointed.

Article 29

The number of councilors in the Assembly of the Municipality shall be set out in the Statute of the Municipality, but it shall be no less than 19 or more than 75.

Article 30

The councilor may not be an employee of the Municipal Administration or a person appointed by the Assembly of the Municipality.

If the employee of the Municipal administration is elected for councilor, his/her work-related rights and obligations shall be suspended in the duration of his/her term of office as councilor.

On the day of the ratification of the councilor term office of persons appointed and/or designated by the assembly of units of local self-government, the function to which such persons have been appointed and/or designated shall cease.

Regulations governing the prevention of the conflict of interest in carrying out public functions are not excluding the application of the provisions of this Law about the tasks determined as inconsistent with the function of councilor of the Assembly of the Municipality.

Article 31

Councilors shall be elected for a term of office of four years.

The councilor shall be entitled to protection of his/her term of office, including court protection, which is realized with the application of the law governing the protection of election rights in the election process.

Article 32

The Assembly of the Municipality, in accordance with the law, shall:

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7) call for the municipal referendum on part of the territory of the Municipality, pronounce itself about the proposals included in the Citizens Initiative and determine the draft decision about self-contribution;

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3.1.2. Executive Bodies of the Municipality

Article 42

The executive bodies of the Municipality are the President of the Municipality and the Municipal Council.

Article 43

The President of the Municipality shall be elected by the Assembly of the Municipality for a four-year term of office, from the ranks of the councilors, by secret vote and by a majority of votes of the total number of councilors of the Assembly of the Municipality.

The President of the Municipality shall have a Deputy replacing him/her in case of absence and incapacity to carry out his/her duty.

The President of the Assembly of the Municipality shall propose the candidate for President of the Municipality.

The candidate for President of the Municipality shall propose the candidate for Deputy President of the Municipality from the ranks of the councilors, elected by the Assembly of the Municipality in the same manner as the President of the Municipality.

The term of office of the President of the Assembly and the Deputy President of the Municipality shall cease when they are elected to the aforesaid functions.

The President of the Municipality and the Deputy President of the Municipality are employed permanently in the Municipality.

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III. DIRECT PARTICIPATION OF CITIZENS IN REALIZING LOCAL SELF-GOVERNMENT

Article 67

The forms of direct participation of citizens in achieving local self-government shall be: the Citizens’ Initiative, Citizens’ Assembly and the Referendum.

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Article 70

The Assembly of the unit of local self-government may, at its own initiative, call a referendum about matters from its own competence.

The Assembly of the unit of local self-government shall call for the aforesaid Referendum at the proposal of no less than 10% of the total number of voters in the unit of local self-government, as stipulated by the law and the Statute.

The decision on the Referendum shall be considered enacted if supported by the majority of citizens that have voted, provided that more than half of the total number of citizens have turned out for the Referendum.

The decision enacted on the Referendum shall be mandatory and the Assembly of the unit of local self-government may not abolish it or introduce changes and supplement so as to modify its essence within one year from the enactment of the decision

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V. RELATIONS BETWEEN THE AUTHORITIES OF THE REPUBLIC, TERRITORIAL AUTHONOMY AND THE BODIES OF THE UNIT OF LOCAL SELF-GOVERNMENT

Article 86

The decision on dissolving of the assembly of the unit of local self-government shall be enacted by the Government, at the proposal of the ministry in charge of local self-government affairs and/or the competent authority of the Territorial Autonomy.

The Speaker of the National Assembly shall call elections for councilors within two months from the entering into force of the decision on the dissolving of the assembly of the unit of local self-government.

The term of office of councilors elected on the elections from Para 2 of this Article shall be four years.

Until the assembly is constituted and executive bodies of the unit of local self-government are elected, current and irremissible affairs from the competence of the assembly and the executive bodies of the unit of local self-government shall be carried out by the provisional body of the unit of local self-government consisting of the Chairman and four members.

The provisional body of the unit of local self-government shall be appointed by the Government.

The Government shall enact a special decision on the appointment of the Chairman and the members of the provisional body, taking into account the political and ethnic composition of the dissolved assembly of the unit of local self-government.

Article 87

If in the unit of local self-government elections for councilors are not held or if after the elections the assembly is not constituted in accordance with this Law two months after the elections results have been announced, the Government shall appoint the provisional body from Article 86, Para 4 of this Law for the performance of current and irremissible affairs from the competence of the assembly and executive bodies of the unit of local self-government.

The Speaker of the National Assembly shall enact the decision on calling new elections for the assembly of the unit of local self-government within one month from the day when the elections should have taken place or the day when the assembly of the unit of local self-government should have been constituted.

The term of office of councilors elected on the elections from Para 2 of this Article shall last until the expiry of the term of office of councilors of the assembly the unit of local self-government elected on regular elections.

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