Entity Laws on Local Self-Government

There are no visible obstacles in the legal system of Bosnia and Herzegovina at the state, entity, cantonal, or municipal level that prohibits, forbids, diminishes, disables or in any way limits the right of municipalities to cooperate with one other through association, enrollment in joint projects, or jointly carrying out common interest tasks (OSCE 2009).

It should be reiterated that Bosnia and Herzegovina have ratified the European Char-ter on Local Self-Government and that upon ratification, the CharChar-ter has supremacy over all domestic legal acts. Article 10 of the convention deals with the issue of cooperation between municipalities and their right to association, and therefore permits the concept of intermunicipal learning and problem-solving and innovation.

Box 2.1

Article 10: Local Authorities’ Right to Associate

Article 10

1. Local authorities shall be entitled, in exercising their powers, to cooperate and, within the framework of the law, to form consortia with other local authorities in order to carry out common interest tasks.

2. The entitlement of local authorities to belong to an associa tion for the protection and promotion of their common interests, and to belong to an internation al association of local authorities, shall be recognized in each state.

3. Local authorities shall be entitled, under conditions that may be provided for by the law, to cooperate with their counterparts in other States.

Furthermore, laws on local government for the two Bosnian and Herzegovina enti-ties establish the right of municipalienti-ties to cooperate with each other in greater detail.

For example, the Law on local government in the Republika Srpska deals²⁰ with this issue in chapter VII.

Box 2.2

Chapter VII.: Cooperation Between the Local Government Units

Article 93

In performing their duties the local government units shall be entitled to cooperate with one another for the purpose of performing the tasks of common interest.

The local government units shall enter into agreements concerning the forms and methods of cooperation referred to in the paragraph 1 of this Article.

Article 94

The local government units may conjoin to form the Association of Municipalities and Cities of the Republika Srpska to the effect of promoting and protecting their common interests.

The Association of Municipalities and Cities of the Republika Srpska referred to in paragraph 1 of this Article may become a member of international associations of local authorities and work together with the relevant associations of local authorities in the Federation of BiH and abroad as provided by law.

Article 95

The local government units may accede to national or international associations of local authorities and cooperate with relevant local government units from the Federation of Bosnia and Herzegovina and abroad, as provided by law.

It is Article 93, Paragraph 2, which through its broad and open wording, leaves space for wide-ranging forms of cooperation between municipalities. In this instance, intermunicipal problem-solving and the provision of some services is the very minimum that they can engage in. As can be ascertained from the above cited article, any form and any method of cooperation is allowed. Furthermore, article 95 clearly allows for such cooperation to take place across entity lines.

A similar situation can be found in the Law on the Local Government Principles of the Federation of Bosnia and Herzegovina,²¹ where Chapter XI deals with issues of cooperation. This chapter states:

Box 2.3

Chapter XI.: Cooperation of the Units of Local Self-Government

Article 50

In performing their duties, the local government units shall be entitled to cooperate with one another for the purpose of performing the tasks of common interest.

The local government units shall enter into agreements concerning the forms and methods of co-operation referred to in the paragraph 1 of this Article.

Article 51

To the effect of protecting their common interests and promoting and improving the local government, cities and municipalities may form association at the level of Bosnia and Herzegovina and the Federation of Bosnia and Herzegovina.

The association at the level of the Federation shall be entitled to:

1. act as a legal representatives of its members before the authorities in the Federation, 2. prepare draft laws and amendments to the draft laws with the aim to improve the law

and regulations regulating the work of the units of the local government,

3. provide its opinion and proposals in relation to the allocation of public revenues, in a part affecting financing of the units of local government,

4. establish contacts and co-operation with similar organizations in the country and abroad, and become a member of international associations,

5. Perform other functions in accordance with the statute of the association.

The rights referred to in this Article may be exercised only if the association at the level of the Federation of Bosnia and Herzegovina gathers more than two thirds of cities and municipali-ties in the Federation of Bosnia and Herzegovina.

It is in Article 50 where, along with the corresponding law from Republika Srpska, sufficient space for the formation of any type of cooperation is created. The law does not explicitly mention the Republika Srpska local government units as the Republika Srpska law does with the ones from the Federation. Such formulation does not mean that cooperation is forbidden, but allowed.

2.3.2 Other Sectoral Legislation Mostly Hinders Intermunicipal Cooperation