2.1 System of Local Elections
The elected bodies of local governments are the commune, municipal and district councils and the chairs of communes and municipalities. In 1992 a law on local government elections was approved, which defines the principles for their organization, the electoral system and the authority responsible for their oversight.
Local government elections are general and are held every four years. Voting for council seats is accomplished according to a proportional system whereby political parties submit lists of candidates for election. An individual cannot be considered a candidate for more than one council, regardless of the level of government.
The rules of operation are the same for municipal, commune and district council elections.
Immediately after the elections, the newly constituted district councils elect a chair from their ranks. Conversely, the chair/mayor of the commune or municipality is elected directly and by majority vote; both representatives of political parties and independent candidates may run for this position. If a majority is not achieved during the first round, a run-off election is held between the two candidates with the most votes.
If a member of the council resigns or cannot perform his or her duties for reasons stated by law, the councilor is replaced by the next person on the candidate list that he or she represents. If a chair resigns, elections are held to elect a new chair within six months. The mandate of the new chair is considered to be a continuation of that of his or her predecessor and lasts until the next general local elections.
Generally speaking, local elections favor those candidates that represent the two main political parties in the country: the Democratic Party and the Socialist Party. During the past two elections these two parties together have won over ninety-five percent of the municipal and commune chairs and over eighty-five percent of the seats in local councils at both levels. The only exceptions are found in some southern communes, where the Union for Human Rights Party, representing the Greek minority, has great popular support.
The figures in table 2.1 indicate the impact of parties on local governments. Experience has demonstrated that in local voting, the electorate tends to judge not the management abilities and administrative skills of the candidate, but rather the platform of his or her political party.
Because of this, the parties themselves consider local elections to be a test of political fluctuation among the electorate.
Table 2.1
Results of Local and District Council and Executive Elections by Political Parties in Albania, 1996
Total Democratic Socialist Union for Others Party Party Human Rights
Party
District Chairs 36 29 6 1 —
Members of
District Councils 930 463 309 30 128
Commune Chairs 309 261 27 8 13
Members of
Commune Councils 3,548 1,790 1,173 98 487
Mayors 65 52 8 — 5
Members of
Municipal Councils 947 467 335 23 122
2.2 Forms of Direct Democracy
Current legislation and the recently approved Constitution acknowledge the right of local community members to express themselves directly on issues of interest to them. As a form of direct democracy, local referendums are organized on issues such as the division or merger of administrative units, local taxation, et cetera. The Constitution considers local referendums to be a right of self-governance equal to that exercised through local representative bodies.
Although this right is acknowledged by law, it has not been exercised to date, as legal provisions do not yet exist designating who may call a referendum, which authority is responsible for overseeing its organization and procedures for implementation. However, local communities have expressed indifference to this right. No community has submitted a public request, even concerning decisions that should require referendums, such as the division or merger of territorial divisions.
2.3 Distribution of Power among Different Levels of Government
The guarantee of local autonomy through the creation of elected bodies is the necessary basis for the efficient distribution of powers based on the transfer of specific functions and services to the local level. Rapid decentralization has resulted in the vertical transfer of functions and services to the administrative units that are closest to the public—namely, local bodies of the first level. During this transfer process, however, it became clear that the second level of local government better addresses certain services.
The levels of local governments are independent of one another. At the first level, local governments have the authority to perform services that benefit inhabitants of their jurisdictions; at the second level, the local government coordinates activities in the interest of the overall district. Hence, the district approves first-level urban development plans and coordinates infrastructure development programs involving more than one community, such as secondary roads, irrigation networks, et cetera.
The local council exercises legislative authority and autonomy by issuing orders, decisions and mandatory guidelines for the territory under its jurisdiction. These decisions can involve development programs, urban planning, budgeting, taxes and other financial obligations, public order, transportation, et cetera.
The chairs of commune, municipal and district councils have executive power over the implemen-tation of council acts and may issue orders and decisions as necessary.
Even though the legal framework establishes local autonomy, in practice many difficulties arise as a result of limited financial independence and conflicts with the activities of the vertical directorates of the ministries. To a certain extent, the responsibilities of local authorities and territorial units of the central administration overlap, hindering initiatives of the local bodies.
These conflicts emerge particularly in sectors where the central government establishes standards to be met on a nationwide basis. In response, local authorities have attempted to increase their spheres of activity in these sectors. Positive results have included a clearer division of responsibilities in the education and health sectors by government decision (March 1998), which transferred the maintenance of and some investments for local institutions to local authorities. However, further attention to the relations between the two administrations is necessary in order to clarify their roles and responsibilities and ensure cooperation.
2.4 Internal Structure of Local Government Decision Making
The local councils of municipalities, communes and districts act as representative bodies, conducting their activities in compliance with the Constitution, the Law on Local Governments and decisions of
the Council of Ministers. They and their chairs have the right to adopt decisions, orders and guidelines on issues of local importance.
Council statutes stipulate procedures for preparing and submitting draft decisions to the council and for the decision-making process itself. Local councils establish standing commissions to address various topics as well as ad hoc committees on special issues. These bodies organize council activities through the preparation and revision of draft decisions and guidelines.
Municipal mayors, chairs of communal councils, standing commissions and councilors may submit draft decisions or orders to the council for consideration. These drafts, together with justification for their proposals, are submitted to the chair, who forwards them to the relevant commissions. The originator of the proposal has the right to defend it at the council meeting in which it is discussed and voted upon. A proposal is approved by a simple majority vote of councilors present at the meeting, provided that over half of the elected members are present.
The communal chairs and municipal mayors perform duties as stipulated by law: they direct the administration of the municipality or commune and oversee local services, ensure implementation of council decisions, oversee public law and order, prepare the draft budget and urban development plans, exercise rights and enforce obligations as juridical persons on behalf of the local community, ensure environmental protection, supervise administration of commune/municipal properties, et cetera. The district council chair directs council meetings, implements council decisions and oversees public administration at the district level, supervising the activities of economic institutions and companies and preparing the draft budget.
Another political leader in local government is the secretary. This position is appointed by the Council of Ministers, although its functions are largely technical. According to law, secretaries must be selected on a competitive basis; in practice, however, they have been political appointments and are removed arbitrarily when the governing party changes. The secretary mainly administers decision-making procedures and ensures that legal requirements on the overall functioning of the council are met.
2.5 Public Participation in Decision Making
Local council meetings are open to the public as established by the Law on Local Governments.
Councils are required to notify the public about the agenda, time and venue of their meetings.
Each citizen may participate in these meetings and address issues on the agenda. The only exceptions are when a majority of the local council votes to close the meeting to the public and when the local budget is under discussion.
Although the law recognizes the right of the public to participate in council meetings, local communities are rarely involved in the decision-making process. Participation is very low; only
in limited cases do individuals actually attend, and NGOs, which serve as a method of articulation and transmission of public opinion, also do not utilize this option. Furthermore, local councils do not always meet their obligations to involve the public; they excuse themselves by citing a lack of means for announcement of meetings or of suitable venues to hold large public gatherings.
Community members have adopted a passive attitude regarding cooperation with elected officials overall. This springs both from public ignorance of the functions and responsibilities of the councils and from a lack of information on council activities. Public reporting technically would improve relations between elected officials and their public and increase the role of communities in self-governance. However, due to the abuse of such practices under the communist regime, public reporting is negatively perceived. Another factor that has influenced the public’s lack of involvement is the overpoliticization of local bodies, creating stronger ties to the political parties they represent than to the public that elects them. Finally, civil society at the local level is very poorly developed, and therefore, individuals who are capable of understanding and voicing the needs of the public are not attracted to the local bodies.
Recently, NGOs have undertaken projects aimed to improve public participation in the decision-making process. These activities have raised awareness of local government functions and of the importance of citizen participation. Public cooperation and confidence in local administrations are the most focused goals of NGO activities in the field.
2.6 Ethnic Issues, Multicultural Government
Since Albania is an ethnically homogeneous country with a small Greek minority, experiences with multiethnic governance are very localized. Although Macedonian and Montenegrin minorities exist, they are so small that they have not acquired even minimal representation in local governments.
There are only four or five communes in which local council representatives of the Greek minority hold the majority of seats. In a few examples in southern districts where localized Greek minority groups exist, multiethnic councils have been formed in which the main political parties cooperate with representatives of the Greek minority. In some cases, a representative of the minority has been elected local council chair as a result of such cooperation.
These experiences demonstrate the normal functioning of multiethnic governance. Representation of the Greek minority in district councils is between twenty and forty percent. Given the tight competition between the two main parties, compromise between the minority party and one of the major parties is common in selecting the chair of the district council and ensures successful governance. The fact that the alliance of the Greek minority has shifted occasionally from one party to the other shows the lack of ethnic prejudices of Albanian political parties at the local level, where multiethnic cooperation is an essential factor.
2.7 Local Government Associations and International Contacts
The Constitution sanctions the right of local governments to create joint institutions for their representation. It also specifies their right to cooperate with local units of other countries and join international organizations of local governments. A few associations of locally elected officials operate in Albania, such as the Association of Mayors, the Association of Chairs of District Councils, the Association of Commune Chairs and an association of advisors.
These associations are forms of institutionalized cooperation, working to address needs of common interest for local and regional units. They were formed by local government initiative in compliance with the Law for Nonprofit Organizations as apolitical organizations that involve participation on a volunteer basis. They defend common local interests in relations with the government and coordinate cooperation with foreign organizations. In the absence of special legal provisions, these organizations establish their own statutes of operation.
Recently, in order to promote cooperation, the local government associations established a coordinating committee. The directors of the associations lead this committee on a rotating basis. The resulting experience has been positive, enabling local governments to reach consensus on certain issues of decentralization and strengthening local institutions.
An obstacle to the development of the associations is the relative inexperience of their members and a lack of experts in the fields of administration and self-governance. Recently, efforts have been made to strengthen the role of the Association of Mayors, which engages in broader activities than other associations, through improvement of its structure, the attraction of experts on relevant issues of local autonomy and community development and increasing participation in public matters.