ANNEX B
LEGISLATIVE MODIFICATIONS
The parties will take all necessary measures to ensure the adoption
of the legislative changes set
forth hereafter within the time limits specified.
1. Law on Local Self-Government
The Assembly shall adopt within 45 days from the signing of the Framework
Agreement a revised
Law on Local Self-Government. This revised Law shall in no respect
be less favorable to the units
of local self-government and their autonomy than the draft Law proposed
by the Government of the
Republic of Macedonia in March 2001. The Law shall include competencies
relating to the subject
matters set forth in Section 3.1 of the Framework Agreement as additional
independent
competencies of the units of local self-government, and shall conform
to Section 6.6 of the
Framework Agreement. In addition, the Law shall provide that any State
standards or procedures
established in any laws concerning areas in which municipalities have
independent competencies
shall be limited to those which cannot be established as effectively
at the local level; such laws
shall further promote the municipalities' independentexercise of their
competencies.
2. Law on Local Finance
The Assembly shall adopt by the end of the term of the present Assembly
a law on local self-
government finance to ensure that the units of local self-government
have sufficient resources to
carry out their tasks under the revised Law on Local Self-Government.
In particular, the law shall:
- Enable and make responsible units of local self-government for raising
a
substantial amount of tax revenue;
- Provide for the transfer to the units of local self-government of
a part of centrally raised
taxes that corresponds to the functions of the units of local self-government
and that
takes account of the collection of taxes on their territories; and
- Ensure the budgetary autonomy and responsibility of the units of
local self-government
within their areas of competence.
3. Law on Municipal Boundaries
The Assembly shall adopt by the end of 2002 a revised law on municipal
boundaries, taking into
account the results of the census and the relevant guidelines set
forth in the Law on Local Self-
Government.
4. Laws Pertaining to Police Located in the Municipalities
The Assembly shall adopt before the end of the term of the present
Assembly provisions ensuring:
- That each local head of the police is selected by the council of
the
municipality concerned from a list of not fewer than three candidates
proposed by the Ministry of the
Interior, among whom at least one candidate shall belong to the community
in the
majority in the municipality. In the event the municipal council fails
to select any of the
candidates proposed within 15 days, the Ministry of the Interior shall
propose a second
list of not fewer than three new candidates, among whom at least one
candidate shall
belong to the community in the majority in the municipality. If the
municipal council
again fails to select any of the candidates proposed within 15 days,
the Minister of the
Interior, after consultation with the Government, shall select the
local head of police
from among the two lists of candidates proposed by the Ministry of
the Interior as well
as three additional candidates proposed by the municipal council;
- That each local head of the police informs regularly and upon request
the council of the
municipality concerned;
- That a municipal council may make recommendations to the local head
of police in
areas including public security and traffic safety; and
- That a municipal council may adopt annually a report regarding matters
of public safety,
which shall be addressed to the Minister of the Interior and the Public
Attorney
(Ombudsman).
5. Laws on the Civil Service and Public Administration
The Assembly shall adopt by the end of the term of the present Assembly
amendments to the laws
on the civil service and public administration to ensure equitable
representation of communities in
accordance with Section 4.2 of the Framework Agreement.
6. Law on Electoral Districts
The Assembly shall adopt by the end of 2002 a revised Law on Electoral
Districts, taking into
account the results of the census and the principles set forth in
the Law on the Election of Members
for the Parliament of the Republic of Macedonia.
7. Rules of the Assembly
The Assembly shall amend by the end of the term of the present
Assembly its Rules of Procedure to
enable the use of the Albanian language in accordance with Section
6.5 of the Framework
Agreement,paragraph 8 below, and the relevant amendments to the
Constitution set forth in Annex
A.
8. Laws Pertinent to the Use of Languages
The Assembly shall adopt by the end of the term of the present Assembly
new legislation
regulating the use of languages in the organs of the Republic of Macedonia.
This legislation shall
provide that:
- Representatives may address plenary sessions and working bodies
of the Assembly in
languages referred to in Article 7, paragraphs 1 and 2 of the Constitution
(as amended in
accordance with Annex A);
- Laws shall be published in the languages referred to in Article
7, paragraphs 1 and 2 of
the Constitution (as amended in accordance with Annex A); and
- All public officials may write their names in the alphabet of any
language referred to in
Article 7, paragraphs 1 and 2 of the Constitution (as amended in accordance
with Annex
A) on any official documents.
The Assembly also shall adopt by the end of the term of the present
Assembly new legislation on
the issuance of personal documents.
The Assembly shall amend by the end of the term of the present Assembly
all relevant laws to
make their provisions on the use of languages fully compatible with
Section 6 of the Framework
Agreement.
9. Law on the Public Attorney
The Assembly shall amend by the end of 2002 the Law on the Public
Attorney as well as the other
relevant laws to ensure:
- That the Public Attorney shall undertake actions to safeguard the
principles of non-
discrimination and equitable representation of communities in public
bodies at all levels
and in other areas of public life, and that there are adequate resources
and personnel
within his office to enable him to carry out this function;
- That the Public Attorney establishes decentralized offices;
- That the budget of the Public Attorney is voted separately by the
Assembly;
- That the Public Attorney shall present an annual report to the Assembly
and, where
appropriate, may upon request present reports to the councils of municipalities
in which
decentralized offices are established; and
- That the powers of the Public Attorney are enlarged:
- To grant to him access to and the opportunity to examine all official
documents, it
being understood that the Public Attorney and his staff will not disclose
confidential
information;
- To enable the Public Attorney to suspend, pending a decision of
the competent
court, the execution of an administrative act, if he determines that
the act may result
in an irreparable prejudice to the rights of the interested person;
and
- To give to the Public Attorney the right to contest the conformity
of laws with the
Constitution before the Constitutional Court.
10. Other Laws
The Assembly shall enact all legislative provisions that may be necessary
to give full effect to the
Framework Agreement and amend or abrogate all provisions incompatible
with the Framework
Agreement.
