Georgia general

In October 2013 amendments were made to the Constitution of Georgia[H1] , which changed the state system from that of a [strong] presidential to a semi-presidential system. Previously, the president was the head of government and head of the state, and had the right to initiate laws. Now the President is solely the head of state and does not have the right to initiate laws, and the Prime Minister is currently the head of the Government. According to the new amendments the Prime Minister is presented by the President to the Parliament and is appointed by the Parliament.

Georgia a unitary state and it includes two autonomous republics Adjara and Abkhazia.

The Constitution of Georgia sets out the territorial state structure of Georgia.

Article 2.4. of the Constitution determines that "the citizens of Georgia registered in a self-governing unit shall regulate matters of local importance through local self-government, without prejudice to state sovereignty, according to the legislation of Georgia. State authorities shall promote the development of local self-governance."Articles 1011, 1012, 1013 of the Georgian Constitution include the definition of self-government and grants independence/autonomy to local self-governments from central government. Georgia os also a signatory of the European Charter of Local Self-Government (signed in 2002 and ratified in 2004).

On 5 February 2014 the Parliament of Georgia a new Local Self-Government Code[H2] , aimed at further democratising ans decentralising public administration systems in Georgia. Upon its enactment, the several existing  laws were repealed[1] The Local Self-Government Code broadly outlines self-government powers, structures, competences, fiscal powers and civil engagement in local self-government.

The local self-government authorities in Adjara Autonomous Republic are determined by the Constitutional Law of Georgia on the "Status of Adjara Autonomous Republic", the Organic Law of Georgia on "Approval of the Constitution of Adjara Autonomous Republic".

For Adjara,the supreme legislative body is the Supreme Council of the Autonomous Republic of Ajara, elected for four-year term. The supreme executive body is the Government of the Autonomous Republic of Ajara. Local self-authorities consist of municipal councils; and local executive branches consist of mayors.

The Budget Code of Georgia[H3]  defines the principles of the formation of the budget system; regulate Georgian state, autonomous republics and local government units in the preparation budgets, review, approval, execution, reporting and control of rules, also, Georgia's central, autonomous and local government budgetary relations and responsibilities. It alsoincludes a precise definition of local self-government incomes.[2]

The Law on State Property determines the rules and procedures related to the ownership and exercise of power over state property, including the property owned by the local governments.

The Electoral Code also contains provisions related to the administration of elections at the local level  namely the Sakrebulo, the local self-government representative body, and the head of a local self-government executive body - Mayor/Gamgebeli.

1.1.   General Division of Powers

In 1997, the Georgian Parliament adopted the a law Local Self-Government creating two levels of self-government. In 2005, r the two-tier system of self-government was replaced by 67 municipalities (the municipalities are the legal successors of the former regions) and five cities.[H4] 

In 2014, the Law on Local Self-Government Code introducing important changes. Unlike in the previous elections in which the Mayor of Tbilisi had been the only elected figure, gamgebelis and mayors were elected directly in 2014.

Georgia signed and ratified the European Charter of Local Self-Government in 2004. It entered into force on 1 April 2005, with some "reservations". Georgia has not signed the Additional Protocol to the European Charter of Local Self-Government on the right to participate in the affairs of a local authority.

The Georgian Government (Saqartvelos Mtavroba) is the main executive body in the country. The Prime Minister (Premier Ministry) is the head of the central government. The Georgian Parliament (Saqartvelos Parlamenti) is the country's central legislative body.

Local government is realized only at a single-level: that of the municipalities – self Government cities (Tvitmmartveli Qalaqi) and self-government communities (Tvitmmartveli Temi). The municipalities consist of three organs: the Council (Sakrebulo) is the representative legislative organ; the City Hall (Gamgeoba) carries out the local administrative responsibilities and is headed by the Mayor (Gamgebeli), the executive organ. The head of the local government in the cities is called the Mayor (Meri).

The Regional Consultation Council (Sabcho), which does not constitute a level of local government, is a consultative body of the governors (Rtsmunebuli) operating at the municipal level. The Prime Minister of Georgia appoints the Rtsmunebuli. Ex officio members of the Consultation Council are the Gamgebelis/Mayors, Sakrebulo Chair and the Deputy Sakrebulo Chair of relevant municipalities.[3]

Central level

The Government of Georgia

  • apply to the Parliament with a proposal to create or abolish a municipality based on consultation with the local self-governing unit and the local population;
  • apply to the Parliament with a proposal to alter borders between municipalities based on consultation with the local self-governing unit and the local population;
  • has the authority to dismiss a Municipal Council and "Gamgebeli"/Mayor if the budget is not approved within three months after the beginning of the fiscal year.

Local level

The assembly of the municipality (Sakrebulo) is elected for a four-year term based on direct, universal, equal and secret ballot by the citizens registered in the municipalities of Georgia. Gamgebelis and Mayors are elected for a four-year term by a direct, universal, equal and secret ballot.

The special competences of the Sakrebulo can be classified in four functions:

  • Administrative functions: Establishment of the local government organisation and establishment and control of functioning of other local government organs, such as the adoption of the Rules of Procedure, articles concerning the staff; and the creation and abolition of administrative units within the self-governing unit.
  • Legislative functions: Passing all important general legal acts regulating the functioning of the local governing units including the introduction of local taxes and fees, the regulation of the rules of motor transportation, the regulation of parking; approval of the list of objects to be privatized in the self-governing unit; determination of the initial privatization price and the level of rent on the property of the self-governing unit; and management of the forest and water resources, etc.
  • Financial functions: Adoption or approval of the budget and programs of local government activities, etc.
  • Operational functions: Everyday activities related to the functioning of the local government unit such as concluding various types of contracts and agreements, etc.

Local authorities' competences include:

  • Land and fund management related competences: the approval of programs for investment, funds, inter-municipal projects; disposal of land resources; demarcation and alteration of borders;  land use and building regulations; management of forest and water resources of local importance; the issue of permits for construction and supervision over their construction.
  • Urban infrastructure, transport and security related competences: regulation of traffic and transport including the issue of permits for passenger transport; regulation of outdoor trade and markets; ensuring municipal fire safety and rescue activities of the self-governing unit; regulation of outdoor lighting, sewage and garbage dumping systems, collection and utilisation of solid waste and maintenance of cemeteries; maintenance, construction and development of local roads.
  • Cultural affairs: organising the work of libraries, museums, theatres, galleries, educational facilities, sport-recreational objects of local importance and the establishment of pre-school and non-school educational institutions; and
  • Social affairs: mobilising municipal resources in the spheres of health and social care on the territory of self-governing unit.
  • Delegated competences, which should be accompanied by appropriate financial resources, encompass specific tasks such as (i) recruitment for the army; (ii) preventive healthcare, like vaccination in case of epidemics; (iii) funeral expenses of internally displaced persons (IDPs); and (iv) only in the case of Tbilisi, payment of the house rents of bus drivers. The delegated competences are exercised by the local governments with financial compensation provided from the state funds, but are in the domain of central authorities

Self-governing entities are completely autonomous in planning their budgets, and have their own independent budgets. The own revenues of the local self-governing entities include local taxes and fees, cohesion transfers and other receipts. Finances allocated from other budgets to the budget of self-governing unit include special and conditional transfers and other receipts. However local self-government bodies remain dependent on transfers from the national budget as local revenues are too small and the equalisation system does not work. Thus the fiscal independence of local self-governing units is restricted and fiscal decentralisation does not function effectively.

Local exclusive competences:

  • Preparation, review and approval of the municipal budget;
  • Management and maintenance of municipal properties;
  • Management of local natural resources;
  • Establishment and abolition of local taxation;
  • Urban planning;
  • Management of municipal waste;
  • Ensuring local water supply;
  • Management of the pre-school education in the territory of the municipality;
  • Management of local motor roads;
  • Management of local public transport;
  • Management of outdoor market and exhibition;
  • Issuance of building permits;
  • Management of outdoor advertisements;
  • Organization of cemeteries;
  • Registration and providing shelter for the homeless;
  • Provision of fire safety and rescue assistance;



 

[1] The Organic Law of Georgia on the Local Self-Government; The Law of Georgia on the State Supervision over Activities of Local Authorities; The Law of Georgia on the Capital of Georgia – Tbilisi; The Law of Georgia on the Property of a Self-Governing Unit

[2] Minister of Finance, Georgia, 2015 Fiscal Governance in Georgia and its compatibility with EU practice,

[3] Procedural rules of the state trustee – governor and its administration are defined by the 29 November 2013 Resolution N309 of the Government of Georgia on the Approval of Regulations of the State Trustee – Governor

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