Chapter Six: Local Governance

Article (153) Decentralization

Local government is based on extended decentralization in the framework of State’s unity so to ensure decentralization of services and transparency of spending. Local services are administered according to principles of subsidiarity and free management.

Article (154)Levels and standards of local government

The State is divided into governorates and municipalities following the needs of national security and balance between population criteria and geographical areas and links, requirements of social justice, peace and societal cohesion, economic and historical factors and development needs, taking into account the factors of efficacy and efficiency. Administrative units can be created or merged or canceled if required by public interest, as stated by law. Governorates and municipalities enjoy legal personality and independent financial assets.

Article (155)Councils of governorates and municipalities

The councils of governorates and municipalities are elected in a free and direct way. Constitution of the governorate council takes into account the representation of municipalities in its circumscription, as organize by law.

Article (156)Competence of local government units

The governorate council ensures, within the limits of the State’s general policies, the establishment of local policies, planning, monitoring, control and follow up of municipalities’ actions and different facilities and actions within the governorate’s competence. It is also competent in promulgating legislations and regulations in conformance with law and Constitution.

The municipality ensures, within its competence, the administration of public facilities relating to educational, health, social, economic, cultural and touristic affairs, as well as urban planning, Environment, public hygiene, civil status register, municipal guards and any other competence as stated by law.

Article (157)Funding of local government units

Governorates and municipalities shall have central resources that satisfy the needs to fulfill their missions and self resources as incomes of local taxes, fees and sanctions, returns from their investments, donations and legacies, loans and other incomes stated by law. All should ensure competition and solidarity between them. The State guarantees the financial equilibrium between local government units.

Article (158)Control of the executive authority

The Executive authority does not intervene in competences of local government units but to prevent exceeding the limits of the latter’s competences or when they get unable to fulfill their missions, do not respect national criteria, plans and policies, or when they prejudice public interest or other local units. Local government units is subject, as for legality of its acts, to post-audit and control.

Article (159)Principle of Partnership and Cooperation

Local government units may build intra-partnerships, according to principle of complementarity, to implement programs or achieve common interest works. They can create economic zones between them They equally may build foreign relations of partnership and cooperation in service of development. All this should be in compliance with legal regulations.

 

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