…extract of this bill
PART II
DEVOLUTION OF POWERS TO LOCAL AUTHORITIES
CHAPTER I
PRINCIPLE OF DEVOLUTION OF POWERS
Section 17: The State shall devolve to local authorities the powers necessary for their economic, social, health, educational, cultural and sports development.
Section 18: (1) Local authorities shall exclusively exercise the powers devolved by the State.
(2) However, notwithstanding sub-section (1) above, the State may exercise the powers so devolved:
where the Government intends to intervene on an ad hoc basis to ensure the balanced development of the territory or to address an emergency situation;
in the event of a failure duly established by order of the minister in charge of local authorities, as reported by:
the minister concerned by the power devolved;
the deliberative organ of the local authority by a two-thirds majority of its members.
(3) The conditions for the implementation of this section shall be laid down by decree of the Prime Minister.
Section 19: The devolution and sharing of powers between local authorities shall distinguish between the powers devolving upon regions and those devolving upon councils.
Section 20: (1) The devolution and sharing of powers provided for in Section 19 above shall be consistent with the principles of subsidiarity and complementarity.
(2) The devolution of powers provided for under this law may not authorize a local authority to establish or exercise supervisory powers over another.
Section 21: The devolution of powers to a local authority shall be accompanied by the transfer, by the State to the local authority, of the resources and means necessary for the effective exercise of such powers.
CHAPTER II
HUMAN AND MATERIAL RESOURCES INHERENT IN THE DEVOLUTION OF POWERS
I – Human Resources
Section 22: (1) Local authorities shall freely recruit and manage the staff needed for the purposes of their mandate, in accordance with the laws and regulations in force.
(2) However, State employees may be transferred to, placed on secondment to or at the disposal of local authorities upon the request of the latter, in accordance with the terms and conditions laid down by regulation.
(3) The State shall establish a local public service whose rules and regulations shall be laid down by decree of the President of the Republic.
Section 23: Civil servants or employees of devolved State services who directly or indirectly lend assistance to a local authority in the conduct of an operation may not, in any manner whatsoever, be involved in the oversight of actions related to the said operation.
II – Material Resources
Section 24: (1) Devolution of power shall automatically entail the handover to the beneficiary local authority of all movable and immovable property in use, at the devolution date, for the exercise of such power.
(2) The property handover provided for in sub-section (1) above shall be duly established by a devolution decree signed by the Prime Minister.
CHAPTER III
FINANCIAL IMPLICATIONS OF THE DEVOLUTION OF POWERS
I – Common Decentralization Fund
Section 25: (1) A Common Decentralization Fund for the partial financing of decentralization is hereby instituted.
(2) Each year, the Finance Law shall determine the fraction of State revenue to be allocated to the Common Decentralization Fund referred to in sub-section (1) above.
(3) The fraction referred to in sub-section (2) above may not be less than fifteen percent (15%).
II – Balance between Devolved Powers and Resources
Section 26: (1) Expenditure corresponding to the exercise of devolved powers shall be assessed prior to devolution of such powers.
(2) Any new expenditure to be borne by local authorities subsequent to amendments by the State, by regulation, of rules on the exercise of devolved powers must be offset by an equivalent allocation to the Common Decentralization Fund provided for in Section 25 above or by other tax revenue, in accordance with terms and conditions laid down by law. The abovementioned regulatory instrument shall so specify.
(3) Where a shortage of funds in local authorities may jeopardize the execution of public service missions, the State may intervene through special allocations to the local authorities concerned.
Section 27: (1) For each local authority, financial expenses arising from the devolution of powers shall entail an allocation by the State of resources of an amount at least equivalent to the said expenses.
(2) Resources to be so allocated shall be at least equivalent to the expenditure incurred by the State during the financial year immediately preceding the date of devolution of power.
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