Friday, July 7, 2023

LOCAL GOVERNMENT REORGANISATION - THE THREE BILLS WERE PASSED BY PARLIAMENT

 Filenews 7 July 2023



The Plenary of the Parliament voted on three bills concerning Local Government with the main purpose of revising certain provisions of the legislative framework that will govern TA from 2024, after the upcoming elections.

It is recalled that during the discussion, the Minister of the Interior stated, inter alia, that the proposed regulations constitute individual amendments to the legislative framework, which governs local government, and do not alter the architecture, philosophy and principles of the recent reform in this field.

The bills were submitted to Parliament with the ultimate goal of addressing any problems and/or malfunctions that may hinder the smooth operation of local government.

The first law amends the Municipalities Law in order to introduce regulations regarding the conduct of local government elections and to revise the provisions provided for therein concerning the remuneration of deputy mayors.

The second amends the Communities Law in order to further revise some of its provisions in view of the ongoing reform of local government.

The third amends the Provincial Self-Government Organizations Law in order to introduce regulations regarding the conduct of elections for the presidents of the councils of provincial self-government organizations and to further revise some of its provisions in order to make its implementation more effective regarding the operation of the sewerage system and waste management.

In particular, the three laws provide, inter alia, for a reduction in the expected number of municipal councillors in municipalities under Turkish occupation, following the submission of a request by the Committee of Occupied Municipalities, the introduction of provisions regarding the determination of the number of municipal councillors per municipal district, the determination of the procedure for the election by the relevant municipal council of deputy mayors in the municipalities of Strovolos and Pafos, which do not consist of municipal districts, as well as in the occupied municipalities and clarification of the procedure for the election of municipal councillors in the municipalities of Strovolos and Pafos and in the occupied municipalities and revision of the provision concerning the setting of a maximum term limit for the election of mayors and municipal councillors, so that it applies for the purposes of holding local government elections from 2029 onwards.

In addition, a revision of certain provisions is achieved concerning cases where there is an incompatibility regarding the election of mayors, deputy mayors and municipal councillors, regulations are introduced for the purpose of clarifying the exercise of the right to stand for election by citizens of Member States of the European Union who reside in the Republic and the deadline for candidates to submit an election expenses report to the relevant Registrar of Elections is reduced from three months, currently in force, within one month from the date of publication of the result of the elections in the Official Gazette of the Republic upon the recommendation of the Audit Office.

A special provision is also introduced so that the provisions provided for the provision of common services by certain communities through the establishment and operation of local service clusters will be implemented from the date of commencement of the term of office of the community councils that will be elected in the upcoming local government elections.

Provisions of the basic legislation under amendment are also revised, so that the current regulations concerning the maximum term of office, the existence of incompatibility regarding the election of community leaders and community councillors and the submission of an election expenses report are consistent with the corresponding regulations proposed in the first bill.

In addition, the provisions providing for the composition of the councils of provincial self-government bodies are being revised so as to increase the number of their members by one member and to elect the vice-president of each council by the members of the council concerned instead of by a vote of a general assembly at which the municipalities concerned will be represented.

Arrangements are also introduced, in consultation with the Department of Agriculture, to bring under the jurisdiction of the provincial self-government bodies the existing sewerage systems in settlements with units of population equivalent of less than two thousand, which do not fall within areas declared as sensitive zones under the provisions of the Water Pollution Control Law or the Regulations issued pursuant thereto.

The House rejected all the amendments tabled.