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Inter Municipal Cooperation in Georgia experience and perspectives

Inter Municipal Cooperation in Georgia experience and perspectives. Mariam Davitashvili 2016. Institutional structure of local self-government. Regions – 9 (functional-planning units, coinciding with the jurisdiction area of a State Trustees-Governor’s Administrations)

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Inter Municipal Cooperation in Georgia experience and perspectives

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  1. Inter Municipal Cooperation in Georgia experience and perspectives Mariam Davitashvili 2016

  2. Institutional structure of local self-government • Regions – 9 (functional-planning units, coinciding with the jurisdiction area of a State Trustees-Governor’s Administrations) • Municipalities – 71 • Self-Governing Cities (including the capital Tbilisi) – 12 • Self-governing communities (towns plus rural zones)– 59

  3. REGULATORY FRAMEWORK FOR INTER-MUNICIPAL COOPERATION Local Self-Govermnent Code: Article 20 – municipalities have the right to set up non-profit (non-commercial) legal body or/and obtain membership of such body. Such associations have the right to cooperate with the state authorities as well as with international unions (associations). Article 21 - grants to municipalities the right to found joint enterprises, become partners/founders of Ltds and/or their members, set up joint servants and unify budgetary resources. Article 22 – A municipality may cooperate with foreign self-government authorities in accordance with the European Outline Convention on Trans frontier Cooperationbetween Territorial Communities or Authorities and the legislation of Georgia. INTERNATIONAL PRACTICES IN INTER-MUNICIPAL COOPERATION

  4. Local Self-Govermnent Code: • Article 1061 - determines the status and forms of activities of municipal legal bodies of private law • To carry out joint activities, municipalities may, jointly establish a joint stock company, a limited liability company, a non-entrepreneurial (non-commercial) legal entity, or become partners/shareholders/founders of legal entities established by other persons, including by a municipality/municipalities. • Joint enterprises can receive property through auctions or direct disposal (gratuitously or with recompense) INTERNATIONAL PRACTICES IN INTER-MUNICIPAL COOPERATION

  5. Forms of Inter-Municipal Coperation • A Regional Advisory Council is an advisory body of municipalities and it operates under a state trustee - Governor; it shall be established and shall operate in the manner prescribed by Law. • The purpose of the Regional Advisory Council is to ensure that the interests of the municipality are represented and considered in the process of the development of the territory falling within the powers of the state trustee- Governor. • The joint service for waste management • Implementation of joint infrastructural capital projects • Pre-school service • Issues relating to stray animals • Swimming pool INTERNATIONAL PRACTICES IN INTER-MUNICIPAL COOPERATION

  6. FINANCIAL FRAMEWORK FOR INTER-MUNICIPAL COOPERATION To exercise its own powers, a municipality may, with the permission of the Government of Georgia, receive a grant in the manner prescribed by law. To obtain permission to receive a grant, the executive body of the municipality shall file a request with the Government of Georgia. A permission of the Government of Georgia shall not be required if: a) a grant is received based on a treaty of Georgia ratified by the Parliament of Georgia b) a grant is allocated by a ministry of Georgia or the relevant legal entity under public law provided for by the Law of Georgia on Grants; c) the recipient of the grant is Tbilisi. INTERNATIONAL PRACTICES IN INTER-MUNICIPAL COOPERATION

  7. FINANCIAL FRAMEWORK FOR INTER-MUNICIPAL COOPERATION Fiscal/ financial incentives to promote IMC Resolution of the Governmnent of Georgia N23, 2013 – main framework for alocation of the state budgetary funds for Implementation of Regional Projects Preference is given to joint municipal projects, or regional projects initiated by the State Governor’s-Trustees Administrations It is planned to continue the financial stimulation of IMC through capital transfers. INTERNATIONAL PRACTICES IN INTER-MUNICIPAL COOPERATION

  8. MAIN FEATURES FOR INTER-MUNICIPAL COOPERATION Mian tendencies of on-going IMC reform in Georgia: Priority to infrustructural/capital joint projects Intencive consultations with municipalites Wide engagement of non-governmental organizations Support of state and autonomous authorities INTERNATIONAL PRACTICES IN INTER-MUNICIPAL COOPERATION

  9. ANALYSIS AND PROCESSES ENACTED PRIOR TO THE INTER-MUNICIPAL COOPERATION (REFORM) Improvement of legal basis for development and promotion of IMC Identification of main priorities/spheres for promouting IMC Participation in international incentives toward development of IMC INTERNATIONAL PRACTICES IN INTER-MUNICIPAL COOPERATION

  10. Challengies • Development of the relevant national strategy and action plan • Improvement of the legal procurement procedures; possibility for joint procurement procedures • Enable municipalities to obtain grants for joint projects • Development of the relevant capacity building programmes • Development of the service standards INTERNATIONAL PRACTICES IN INTER-MUNICIPAL COOPERATION

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