Innovative practices in Bulgaria
Sharing innovations for improving local self-government
Drafting a Sample Protocol of the general assemblies for establishing
new municipalities
Municipality of Antonovo
Background
During the local government elections, which took place in October 1995, no mayors were elected in the former eighteen mayoralties of Antonovo municipality because the requirements of the Law on the Administrative and Territorial Division of the Republic of Bulgaria (LATDRB), Article 16, 1 were not met. This Article requires a population of over 100 people in the corresponding mayoralty. In this connection, in compliance with the Law, several days prior to Election day, the Central Electoral Commission (CEC) sent a fax to the Municipal election commission (MEC) Antonovo suspending the elections in part of the mayoralties, though candidates had been nominated and the ballots printed. The municipal authorities had to react urgently to this situation.
During the local government elections, which took place in October 1995, no mayors were elected in the former eighteen mayoralties of Antonovo municipality because the requirements of the Law on the Administrative and Territorial Division of the Republic of Bulgaria (LATDRB), Article 16, 1 were not met. This Article requires a population of over 100 people in the corresponding mayoralty. In this connection, in compliance with the Law, several days prior to Election day, the Central Electoral Commission (CEC) sent a fax to the Municipal election commission (MEC) Antonovo suspending the elections in part of the mayoralties, though candidates had been nominated and the ballots printed. The municipal authorities had to react urgently to this situation.
Practice
Using the statutory procedure for establishing new legitimate mayoralties, the Municipality of Antonovo has prepared a sample Protocol for Conducting General Assemblies. The Protocol was applied in the municipality of Antonovo. The preparation process of this document, which may be handed over to other municipalities facing the same problem, follows the pattern:
Ю In the settlements where no election for mayors were conducted, according to Article 17 of the LATDRB the population has the right to deposit signed lists to the Municipal Council of Antonovo demanding that mayors should be elected in these settlements. In part of the demands there are proposals for merging 2-3 villages under a single mayor. After corrections to the procedure of address registration of the inhabitants, other settlements were found to have over 100 inhabitants.
Ю The municipal administration through the Regional Organization for address registration has check the address registration in the central registration array.
Ю On the basis of Article 21 1, item 16 of the Law on Local Government and Local Administration, and Article 17, 1, item 2 of the LATDRB, the municipal council at its session adopts a decision to conduct an opinion poll among the population of the corresponding areas by conducting general assemblies in order to establish a mayoralty.
Ю In meeting the decision of the Regional Council and on the basis of Article 41 of the Law on Referendums, the mayor of the Municipality of Antonovo has set the dates for the general assemblies of the population from the corresponding settlements. The date and hour of the meeting and the problems to be discussed were announced.
The municipal administration has prepared a sample Protocol for Conducting General Assemblies. The text meets all the requirements of the Law on Referendums. It guarantees that all important legitimate elements should be stated during the assembly: the purpose of the assembly and its legitimacy, the election of a chairman and secretary of the assembly, the number of the persons who have the right to participate in the opinion poll, the number of the people present, the statements and proposals made, tellers, the number of persons having voted "for" and "against" and the ultimate decision whether a mayoralty should be established.
This protocol format is exclusively useful in orderto ensure strict compliance with the procedure of conducting the general assemblies. The easy-to-view and easy-to-read presentation of the required data in the Protocol also facilitate the authorities charged to perform the obligatory checking. The Protocol also helps the mayor of the municipality to write a report to the Municipal Council with the results from the opinion poll after the end of all general assemblies.
Using the statutory procedure for establishing new legitimate mayoralties, the Municipality of Antonovo has prepared a sample Protocol for Conducting General Assemblies. The Protocol was applied in the municipality of Antonovo. The preparation process of this document, which may be handed over to other municipalities facing the same problem, follows the pattern:
Ю In the settlements where no election for mayors were conducted, according to Article 17 of the LATDRB the population has the right to deposit signed lists to the Municipal Council of Antonovo demanding that mayors should be elected in these settlements. In part of the demands there are proposals for merging 2-3 villages under a single mayor. After corrections to the procedure of address registration of the inhabitants, other settlements were found to have over 100 inhabitants.
Ю The municipal administration through the Regional Organization for address registration has check the address registration in the central registration array.
Ю On the basis of Article 21 1, item 16 of the Law on Local Government and Local Administration, and Article 17, 1, item 2 of the LATDRB, the municipal council at its session adopts a decision to conduct an opinion poll among the population of the corresponding areas by conducting general assemblies in order to establish a mayoralty.
Ю In meeting the decision of the Regional Council and on the basis of Article 41 of the Law on Referendums, the mayor of the Municipality of Antonovo has set the dates for the general assemblies of the population from the corresponding settlements. The date and hour of the meeting and the problems to be discussed were announced.
The municipal administration has prepared a sample Protocol for Conducting General Assemblies. The text meets all the requirements of the Law on Referendums. It guarantees that all important legitimate elements should be stated during the assembly: the purpose of the assembly and its legitimacy, the election of a chairman and secretary of the assembly, the number of the persons who have the right to participate in the opinion poll, the number of the people present, the statements and proposals made, tellers, the number of persons having voted "for" and "against" and the ultimate decision whether a mayoralty should be established.
This protocol format is exclusively useful in orderto ensure strict compliance with the procedure of conducting the general assemblies. The easy-to-view and easy-to-read presentation of the required data in the Protocol also facilitate the authorities charged to perform the obligatory checking. The Protocol also helps the mayor of the municipality to write a report to the Municipal Council with the results from the opinion poll after the end of all general assemblies.
Results
At its session, the Municipal Council of the Municipality of Antonovo considered the results from the opinion poll of the population. On the basis of Article 21, 1, p.16 of the Law on Local Government and Local Administration and Article 17, 1 and 2 of the LATDRB it adopted a decision to set up 14 new mayoralties in the municipality of Antonovo. Through the Regional Governor, the decision of the Municipal Council of Antonovo was sent for publication in the State Gazette. Issue #105 dated November 12, 1997 published decision 74 of March 21, 1997 of the Municipality of Antonovo for establishing 14 new mayoralties. The Regional Electoral Commission, the Central Electoral Commission and the President of the Republic of Bulgaria endorsed the legitimacy of the opinion poll and the decision to set up 14 new mayoralties. Further, the President promulgated an order in the State Gazette on January 7, 1998 for new elections of mayors in the new 14 constituencies. The elections are to be held in two rounds. The organizational and technical preparation of the elections is funded from the state budget on the basis of Article 9, 1 of the Law on Local elections.
At its session, the Municipal Council of the Municipality of Antonovo considered the results from the opinion poll of the population. On the basis of Article 21, 1, p.16 of the Law on Local Government and Local Administration and Article 17, 1 and 2 of the LATDRB it adopted a decision to set up 14 new mayoralties in the municipality of Antonovo. Through the Regional Governor, the decision of the Municipal Council of Antonovo was sent for publication in the State Gazette. Issue #105 dated November 12, 1997 published decision 74 of March 21, 1997 of the Municipality of Antonovo for establishing 14 new mayoralties. The Regional Electoral Commission, the Central Electoral Commission and the President of the Republic of Bulgaria endorsed the legitimacy of the opinion poll and the decision to set up 14 new mayoralties. Further, the President promulgated an order in the State Gazette on January 7, 1998 for new elections of mayors in the new 14 constituencies. The elections are to be held in two rounds. The organizational and technical preparation of the elections is funded from the state budget on the basis of Article 9, 1 of the Law on Local elections.
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