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From the power to propose the dismissal of the Mayor to the minister responsible for local affairs, the task of monitoring the implementation of projects with funds from the central government to receiving reports every 10 days from the Head of the Local Police on the situation of law and order are expected to be the tasks the new Prefect of the district.
The changes in the competences of the District Prefect are foreseen in the draft law "On some additions and changes in the law no. 107/2016, "For the prefect of the district" published in public consultations by the Ministry of the Interior.
Referring to the accompanying report, the proposed changes aim to strengthen the role of the district prefect, as a representative of the Council of Ministers in the district. The necessity of legal changes, the relationship emphasizes, strengthens the role of the Prefect in the district to enable services and governance as close as possible to the citizens.
But for local government experts, some of the new powers that are expected to be added to the District Prefect, prevail over the current local self-government law or in certain cases overlap the authority of the Prefect with other authorities.
In the draft law, it is added that one of the duties of the Prefect will be to "propose to the minister responsible for local affairs the dismissal of the Mayor of the relevant district in case of serious violations of the Constitution or the laws".
In the comments of Agron Haxhimal, the executive director of the Institute of Municipalities, at the same time the expert on local issues, submitted for the new draft law in this phase of consultations, it is emphasized that this right given to the Prefect prevails over the law of local self-government.
"Article 62 of Law 139/2015 "On Local Self-Government" defines: Dismissal of the mayor The mayor is dismissed by decision of the Council of Ministers in cases where: a) commits serious violations of the Constitution or laws; b) is punished for committing a criminal offense, with a final decision, by the court; c) is proposed for dismissal by the relevant municipal council for not appearing on duty for a continuous 3-month period.
If the Prefect will also be given this right, it falls to him that the law "On the Prefect of the District" prevails over the law 139/2015 since he is higher in the hierarchy, and that the municipalities are constitutional and independent institutions".
Another change proposed in the draft law is that according to point "k) The prefect monitors the implementation of projects, sectoral programs in the district, which are developed with conditional funds or central government funds, especially in terms of respecting deadlines and quality".
The procedure for monitoring the implementation of policies, projects and sectoral programs of the central government at the district level is determined by the decision of the Council of Ministers and l) signals the responsible inspection institutions by proposing the beginning of the inspection procedure for the violations identified".
In his comments, Haxhimali emphasizes that all these issues in point "k" and "l" somehow restore the role of the former prefect who audited funds. "It is an overlap with other authorities that have the responsibility to monitor these conditional funds", he asserts.
The draft provides, among other things, that the director of the local police will hold joint meetings and will inform the district prefect every 10 days on the degree of implementation of measures to maintain order and public safety at the district level, according to the responsibilities and tasks defined in legal and bylaw acts.
The director of the Institute of Municipalities says that this article presents a charged interaction. He proposes that this change can be reformulated by saying that at the request of the Prefect, the director of the Local Police informs the Prefect on security issues./Monitor
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