Regulations for the implementation of the law on the consortium formation of Municipalities

1 Adherence to the Consortium and the approval of the bylaws must be the subject of a single item to be submitted to the Legislative Body.

2 The draft of the new bylaws and subsequent amendments to the bylaws must be approved by the municipal Legislative Bodies within 4 months of their transmission by the Delegation of Municipalities or the Consortium Delegation. Adjustments according to Article 9 are reserved.

1 The Municipalities' Delegation or the Consortial Delegation are the competent body to transmit to the Council of State the request for ratification of the new statute or of the amendments to the statute, after their approval by the municipal Legislative Bodies.

2 The municipal messages, the reports of the commissions, and the extract of the resolutions of the municipal Legislative Bodies with the declaration of publication on the official registers and of becoming final and binding, must be attached to the request.

1 Every citizen entitled to vote is eligible as a representative or substitute member of the Consortial Council.

1bis If there are proposals for multiple candidates for the designation of the representative or substitute member, these are put to a vote individually. The candidate with the highest number of votes is elected. In case of a tie, a second ballot is immediately held. In case of another tie, a draw is immediately conducted. [1]

2 Every citizen domiciled within the consortial district is eligible as a member or substitute member of the Consortial Delegation, excluding representatives of the Municipalities in the Consortial Council. Article 21 para. 4 of the law remains reserved.

3 If, for the election of members, substitute members, the president, or the vice-president of the Consortial Delegation, there are more proposals than the number of positions to be filled, all proposals are put to a vote individually. The candidates with the highest number of votes are elected. In case of a tie, the procedure set forth in para. 1bis applies. [2]

4 The Municipal Councils propose the candidates from their respective Municipality for the office of member or substitute member of the Consortial Delegation no later than five days before the constitutive meeting, providing written notification to the Consortium and to the Municipality's representative in the Consortial Council. [3]

[1] Para. introduced by R 13.9.2022; in force since 1.1.2023 - BU 2022, 221.

[2] Para. amended by R 13.9.2022; in force since 1.1.2023 - BU 2022, 221.

[3] Para. introduced by R 13.9.2022; in force since 1.1.2023 - BU 2022, 221.

The constituent meeting is convened by the Municipal Council of the municipality where the new Consortia are based, and by the outgoing Consortium Delegation for existing ones.

For the report of the representatives, the provisions of Article 5 of the implementing regulation of the municipal organic law apply.

… [4]

[4] Article repealed by R 7.5.2013; in force since 10.5.2013 - BU 2013, 223.

[5] Art. repealed by R 13.9.2022; in force since 1.1.2023 - BU 2022, 221.

The Department of Institutions exercises supervision over the Consortia of Municipalities, with technical supervision reserved for the Departments or services competent for the subject matter.

1 The articles of association and regulations of existing Consortia must be brought into conformity with the law by March 31, 2012, at the latest. Article 47 para. 7 of the law is reserved.

2 The law is immediately applicable to Consortia in the process of formation at the time of its entry into force and to new Consortia.

3 The Council of State, upon a request signed by the Consortial Delegation and approved by the Municipalities, may authorize the current consortial bodies to remain in office until March 31, 2014, if, for justified reasons, the amendment of the articles of association has not been completed within the established deadlines. A further extension may be granted only in altogether exceptional circumstances and for justified reasons. [6]

4 The request pursuant to Article 47 para. 7 of the law must be submitted to the Council of State by December 31, 2011, signed by the Consortial Delegation and by the Municipalities of the member Communes.

[6] Para. amended by R 7.5.2013; in force from 10.5.2013 - BU 2013, 223.

1 The implementing regulation of the law on the consortium of Municipalities of 16 April 1975 is repealed.

2 This regulation is published in the Official Bulletin of Laws and Executive Acts and enters into force on 1 September 2011.

Published in OB 2011, 429 and 441.