Legal framework
1). The Multiethnic Association of municipalities in Kosovo is established as
an association/ community of municipalities as foreseen by the First Agreement,
the Law on ratification of the First Agreement in Brussels on 19th
of April 2013 and Kosovo Law and Constitution.
2). On the basis of the First Agreement that recognizes its distinct character,
the Kosovo Government will adopt a decree directly applicable, which will be reviewed
and approved by the Constitutional Court of the Republic of Kosovo. The Multiethnic
Association in Kosovo will be an NGO as the other Association currently active in
Kosovo and defined by its Statute, which will comprise of elements set out
below.
3). The Statute will be adopted by a constituent assembly composed of the voted
members of the assemblies of the participating all municipalities.
Objectives
4). In accordance with the First Agreement, the Multiethnic Association in
Kosovo will have as its main objectives in delivering public functions and
services to:
a) strengthen municipal democracy;
b) exercise full overview to develop municipal economy;
c) exercise full overview in the area of education;
d) exercise full overview to improve municipal primary and secondary health and
social care
e) exercise full overview to coordinate urban and rural planning in municipal
level:
g) adopt measures to improve all municipal living conditions for returnees to
Kosovo;
i) promote, disseminate and advocate issues of common
interest of its members and represent them, including to the central
authorities of Kosovo Government;
j) provide services to its members in accordance with Kosovo law;
k) conduct monitoring as required for the
implementation of its objectives;
m) establish relations with all Kosovo municipalities and enter into
cooperation arrangements with other associations of municipalities, domestic
and international.
5). The Multiethnic Association will exercise other additional competences as may
be delegated by the central authorities of Kosovo Government.
Organizational structure
6). The Multiethnic Association in Kosovo will have the following organs:
a) an Assembly composed of representatives appointed by each participating
municipalities, among their elected members. The Assembly will have the right
to adopt amendments to the Statute, rules of procedure and all necessary
regulations and administrative decisions as per its Statute and related to its
objectives in accordance to Laws and Constitution of Kosovo. All amendments to
the Statute, rules of procedure and all necessary regulations and decisions
adopted by the Assembly will be applicable to its members unless one of its
members formally expresses a different decision.
b) a President, who will represent The Multiethnic Association, including
before the central authorities and outside Kosovo. The President will be assisted
by a Vice-President. The President and the Vice-President will be
elected by the Assembly from among the members of the participating municipalities'
assemblies.
c) a Council composed of all Municipalities that have a multiethnic inhabitants
in their midst among residents of the participating municipalities, including all
mayors of the participating municipalities; the Council is an advisory body
which provides guidance to the work of the Multiethnic Association in Kosovo.
d) a Board composed of 9 members voted by the Assembly from among the mayors
and residents of the participating municipalities. Exact composition is to be
defined in the Statute with has the right to take the necessary decisions for the
daily management of the The Multiethnic Association in Kosovo. The members of
the Board will be supported in their work by professional colleges composed of experts,
divided into and covering those areas falling under the objectives and tasks of
the Multiethnic Association in Kosovo in accordance by the Laws of the Republic
of Kosovo.
The Statute will define the number of professional colleges
and their assignment to the members of the Board
e) An administration, headed by a Chief of
Administration appointed by and reporting to the Board, supporting the work of
the Multiethnic Association in accordance by the Laws of the Republic of Kosovo.
In particular the Board and the President. The staff
of the administration will benefit from an employment status, in accordance
with Kosovo Law, including the Law on Labour and the Law on Civil Service,
enabling them to perform their administrative duties. The members of the Multiethnic
Association in Kosovo may decide to use a number of employees to support the
Multiethnic Association in the execution of its objectives.
f) a complaints office with a mandate to examine complaints in relation to its objectives.
Relations with the central authorities
8). The Multiethnic Association will work with the central authorities on basis
of cooperation and information sharing all in accordance to the Kosovo Law.
9). The Multiethnic Association in Kosovo will promote the interests of member
municipalities in its relations with the central authorities.
10). The Multiethnic Association in Kosovo will be entitled to propose, in
accordance with Kosovo law, amendments to the legislation and other regulations
relevant for a better performance and better living of its municipal residents.
11). I accordance with laws in power The Multiethnic Association in Kosovo will
have the right to initiate or participate in proceedings before the competent
Courts, including to the Constitutional Court, against any anti law acts or
decisions from any institution affecting the exercise by the Multiethnic
Association in Kosovo of its powers in accordance with its Statute.
11.a). Statute cannot Exide the powers agreed in
Brussels on 19th of April 2013 which are: education, health,
economic, development of Municipalities and urban planning.
12). The Multiethnic Association in Kosovo will have the right to nominate
representatives in the competent organs/bodies of the central government,
including the Consultative Community Council. In the pursuit of the monitoring function
envisaged by the First Agreement, the representative of the Multiethnic
Association will have right to have access and information from central authorities
in accordance with Kosovo law.
13). Acting on behalf of the Multiethnic Association
in Kosovo, the four mayors of the northern municipalities will provide the
Ministry of Interior a list of candidates for nomination as regional Police
Commander as specified in Article 9 of the First Agreement.
Legal capacity
14). The Multiethnic Association in Kosovo will be endowed with the legal
capacity necessary under Kosovo law to perform its objectives, including the right
to own moveable and immoveable property, to co-own companies that provide municipal
services within the scope of the Multiethnic Association in Kosovo and to
conclude contracts, including employment contracts.
15). On the basis of the First Agreement, the Multiethnic Association in Kosovo
is established upon the adoption of the Kosovo Government decree for the purposes of its objectives.
Budget and support
16). The Multiethnic Association in Kosovo will have its own budget, which will
be administered in accordance with the principles of transparency and
accountability, and the provisions of the law on public procurement that derive
and are implemented by the Procurement Agency of Kosovo according to law.
Those principles will in particular apply to the channeling of funding, including
under 17.d
The expenditures shall be subject to audits by the
competent authorities (Ministries), including by the Auditor General of Kosovo.
17). The Multiethnic Association in Kosovo will be funded from:
a) contributions from its municipal members;
b) income and revenue from the services provided by the Multiethnic Association
in Kosovo, its companies or drawn from its moveable or immoveable assets
according to Kosovo law.
c) transfers from the central authorities;
d) contributions, grants, donations as well as
financial support from other
associations and organizations, domestic and international as well as from all
countries interested to assist, donate or invest; the Multiethnic Association
in Kosovo will NOT be exempt from duties and
taxes in the pursuit of its objectives.
General and final provisions
18). The Multiethnic Association in Kosovo will be open to all other multiethnic
municipalities in Kosovo.
19). The Multiethnic Association in Kosovo can only be dissolved by decision of
Assembly adopted by a 2/3 majority of its members.
20). The Multiethnic Association in Kosovo will be entitled to have its own
official symbols (coat of arms and flag) in accordance with Kosovo law and
Constitution.
21). The statute of the Multiethnic Association in Kosovo will be drafted by
the Management Team and presented to the High-level Dialogue within one month, from
the date of agreement of these principles with facilitation if necessary,
including with the Ministry of Municipal Government.
The Statute will be endorsed by decree upon agreement
in the Dialogue and approved by Constitution of Kosovo. Any amendments
presented by the Multiethnic Association in Kosovo, will be endorsed by decree
and will be reviewed by the Constitutional Court.
22). Within one year of the adoption of the Statute of the Multiethnic
Association in Kosovo, a review of its implementation shall be conducted,
including with regard to Article 5 of the First Agreement.
23). The Multiethnic Association in Kosovo will be
established only in accordance of the Law and Constitution of Kosovo.
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