100 

 

 

RELATIONS BETWEEN CENTRAL GOVERNMENT AND LOCAL 

GOVERNMENT IN KOSOVO 

 

 

Iliriana BAJRAMI, LLM. 

Rezonanca College, Faculty of Nursing, Ilirana.bajrami@rks-gov.net 

 

Article history: 

Accepted 17 July 2019 

Available online 24 August 2019 

 

Keywords:  

Authorizations,  

Central Govenrment   

Consitution   

Competences   

Decentralization   

Local Government   

Local governance  

 Power 

A b s t r a c t 

 

This paper represents a model attempt to shed light on institutional relations between two levels of 

power in the Republic of Kosovo. The wide range of legal acts concerned with the regulation of the 

reports between Central and Legal Government in Kosovo, comprise a legal system containing 

complex set of rules which define the share of power, competences and the authority of these two 

levels. As such, this paper is an attempt to investigate and analyze the complex set of legal and 

institutional mechanisms referring to relations between these two levels of power. 

 

The paper follows a set of approaches and methods such as comparative and analytical method, 

descriptive, empirical  and historical method in order to cover as much aspects and elements of the 

relations between two levels of power in Kosovo. 

  

 

 

Introduction 

Reports between the Central and Local Government are an ever-

present and important issue for the functioning of state power. 

Historically, there has always been disagreement between these 

two levels of power, which consisted in the claims of Local 

Government to have as much powers as possible, while on the 

other hand, at the same time it has been accompanied by  the 

efforts of the Central Government to retain its powers  and 

responsibilities for the central level of power.  

 

Even nowadays, Central and Local Government relations are very 

important and current issues in nearly all countries, regardless of 

the form of governance and the level of democracy. Particularly 

in transition countries emerging from the communist dictatorship, 

these relations have been of significant importance given that  the 

relations between these levels of power have been based on the 

principle of hierarchy and subordination.  

 

Regarding Kosovo, after the first local elections in 2000 until the 

adoption of the Constitution and the Law on Local Self-

Government, the relations between these two levels of power 

were not legally regulated and institutionalized. Regulation 

45/2000 on Self-Government of Kosovo Municipalities did not 

foresee protection mechanisms of local autonomy, thus 

facilitating frequent interference from the central level to the local 

level either by UNMIK or the Central Government. On the other 

hand, municipalities did not have legal obligations to implement 

and fulfill the findings  of the Central Government on cases of the 

lawlessness of the work of municipal bodies.  

 

With the approval of the Kosovo Constitution and the Law on 

Local Self-Government, the relations between these two levels of 

power are institutionalized, clearly defining the rights and 

responsibilities of the Central and Local Government in the 

process of overseeing the legality of the functioning of local 

governance organs,  as well as the legality of Local Government 

acts.  

 

These reports in no way undermine the principle of local 

autonomy, because local government is a constitutional category 

and enjoys mechanisms of protection of local autonomy even 

through constitutional judgments in cases when the Central 



 

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Government intervenes in violation of the Constitution and the 

Law. 

 

1. General Aspect 

Local Government has as its mission the provision of closer 

services to citizens and the right of citizens to participate in the 

conduct of public affairs, which will regulate and manage, under 

their responsibility and in the interest of the local population, a 

good part of public affairs (European Charter of Local Self-

Government, article 3, 1985). The constitution and local laws 

define the responsibilities of local government, in the exercise of 

which these governmental authorities have full responsibility and 

autonomy. 

  

All levels of power have shared responsibilities, they are part of 

the country's legal and constitutional system as an integral part of 

government and state functionality. Despite the autonomy of each 

level of government, with the aim of ensuring legality and 

constitutional principles, central government bodies have been 

entrusted with the responsibility of ensuring the legality of the 

work of local level bodies. Therefore, primary importance is 

given to the regulation of relations between central and local 

government, as constitutional and legal reports. 

  

Local governance, especially the decentralization process, is one 

of the issues addressed in the Ahtisaari Package. This document 

emphasizes that the decentralization system, the creation and 

development of new municipalities, will serve as an element to 

address the concerns of the Serb community and other minority 

communities in Kosovo, to encourage and ensure active 

community participation in local government, above all, to fulfill 

the principles derived from the European Charter of Local Self-

Government, with particular emphasis on the principle of 

subsidiarity (Bajrami, 2010, pp 244).  

  

The administration bodies are autonomous in the exercise of their 

functions and responsibilities within the authorizations, which are 

provided by law, other provisions and other general acts, 

therefore the oversight by the highest authorities is intended 

solely to ensure that the law is being implemented fairly (Sokoli, 

2014, pp 42).  

 

Throughout the history of local government development there 

have been disagreements and antagonisms between levels of 

power, in particular between central and local government. It is 

entirely natural for local government efforts to have as much 

power as possible to limit the central government's intervention, 

while central government has always expressed the tendency to 

centralize functions at the central level.  

 

These antagonisms are still present, especially in the totalitarian 

and transition countries. By comparing the relationship between 

central government and local government, it is concluded that the 

vast majority of states have institutionalized and regulated these 

reports by constitution and laws, in particular with the Law on 

Local Self Government, as a system law, where exactly these 

reports are predicted powers. 

 

The institutionalization of the relations between these two levels 

of power is very important for defining and sharing mutual 

responsibilities, defining which public issues are in the interest of 

Local Government and what are in the interests and 

responsibilities of Central Government. Thus it defines Mutual 

relations between these levels of power, in particular, sets out the 

basic principles of administrative oversight, mutual 

responsibilities, types of administrative review, administrative 

review procedures, rights of the supervisory authority and 

municipal authorities, always respecting the objectives of 

administrative review. 

 

The principle of the autonomy of Local Self-Government, as a 

basic principle of Local Government, will be respected only when 

the relations between these two levels of power are defined by the 

constitution and the law, as this prevents conflicts of power 

exercise and interventions in responsibilities and powers of one 

and the other level of power. 

 

Kosovo, after 1999, has gone through two very important stages 

in the functioning of local and central government. In fact, in the 

period 1999-2008, when Kosovo was under UN administration, 

central government was UNMIK's administration, which, in 

relation to Local Government, cared for overseeing the work of 

municipal administrators. 

 

The legal basis for the functioning of local government in this 

period was UNMIK Regulation 45/2000, which has created many 

problems between local and central government. In fact, supreme 

power at the local and central level was UNMIK's administration.  

 

The Special Representative of the Secretary-General (SRSG) 

retained all the powers granted to him under United Nations 



 

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Security Council Resolution 1244. He had the final say in making 

decisions regarding any provision of this Regulation (UNMIK 

regulation nr 2000/45 on selfgovernment of municipalities of 

Kosova, Article 47.1) The SRSG was entitled to annul any 

municipal decision if it considered it to be in violation of United 

Nations Security Council Resolution 1244, UNMIK Regulations 

or other applicable laws and whether those decisions do not take 

into account to the extent that the rights and interests of 

communities living in the territory of that commune (UNMIK 

regulation nr 2000/45 on selfgovernment of municipalities of 

Kosova, Article 47.2) 

 

The period in question is a typical example of the problems and 

disagreements that might arise between the levels of government, 

because the UNMIK administration behaved in a dual position: 

in certain cases it claimed itself as a central power, while in other 

cases it was responsible attributing to local institutions as central 

power. This period was characterized by numerous interventions 

by the central government, both from the local and the 

international ones, because in the absence of the mechanisms of 

protection of local autonomy, it intervened in many of the 

municipality's own competencies, envisaged by UNMIK 

Regulation No. 45/2000. This situation has caused duality of 

competences, especially in the field of management of public 

utilities, in the field of education, health, and other fields and 

areas, which has caused dissatisfaction and great disputes 

especially with Local Government in relation to Central 

Government. 

  

The second phase of Local Self-Government in Kosovo starts 

with the adoption of the Constitution and the Law on Local Self-

Government. The relationship between central government and 

local government, according to the Constitution, is regulated and 

institutionalized in its entirety in accordance with the principles 

of the Charter, referring to the relations between these two levels 

of power. 

 

2. Constitutional and legal aspects of the relationship 

between central and local level 

As in most other countries, and in Kosovo, Local Self-

Government is a constitutional category with powers, 

responsibilities and autonomy as defined by the Constitution. The 

Constitution of the Republic of Kosovo guarantees the local 

government by defining that the municipality is the basic 

territorial unit of Local Self-Government. Also, the Constitution 

of the Republic of Kosovo stipulates that the organization and 

powers of local self-government units are regulated by law 

(UNMIK regulation nr 2000/45 on selfgovernment of 

municipalities of Kosova, Article 12.2).  

 

 

The Constitution of the Republic of Kosovo provides special 

protection to the Local Self-Government. It envisages special 

procedures in the adoption and amendment of laws that regulate 

the organization and competencies of the units of Local Self-

Government. Article 81.1 of the Constitution of the Republic of 

Kosovo has defined the model of the double majority in the cases 

of adoption and amendment of laws that regulate the area of Local 

Self-Government.  

 

 

The principles on which the Local Self-Government in the 

Republic of Kosovo are developed aim at balancing the relations 

between the central and the local level. According to the 

Constitution, Local Self-Government is exercised among the 

elected bodies in the general, equal, free and direct elections and 

secret ballot (UNMIK regulation nr 2000/45 on selfgovernment 

of municipalities of Kosova, Article 123.2).  It follows that only 

the municipal bodies, derived from direct, equal and free 

elections, can exercise the functions of Local Self-Government. 

This constitutional definition is promoted and protected by the 

European Charter of Local Self-Government. Local Self-

Government bodies, resulting from the electoral process and 

popular legitimacy, enjoy constitutional judicial protection, 

administrative protection and other protection, which can be 

exercised on a regular court course.  

 

 

According to Article 113.4 of the Constitution, municipalities are 

authorized to challenge the constitutionality of laws that violate 

their responsibilities and incomes to the Constitutional Court. 

This authorization enables municipal bodies to maintain their 

autonomy and breadth through this remedy. The Constitution of 

the Republic of Kosovo in Article 123.3 (General Principles) 

stipulates that "The activity of the bodies of local self-government 

is based on this Constitution and the laws of the Republic of 

Kosovo and respects the European Charter on Local Self-

Government. The Republic of Kosovo considers and applies the 

European Charter of Local Self-Government to the extent 

required by the signatory country".  

 

 

The Constitution of the Republic of Kosovo defines 

municipalities as core units of Local Self-Government, which 

enjoy a high degree of Local Self-Government and encourage and 

ensure the active participation of all citizens in the decision-

making process of municipal bodies. Also, in Article 124.6 of the 



 

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Constitution, municipalities are obliged to respect the 

Constitution, the law and enforce judicial decisions. According to 

the Constitution, the administrative review of municipal acts by 

central authorities in their area of competence is limited to 

ensuring compliance with the Constitution of the Republic of 

Kosovo and with the law.  

 

 

As evidenced by the constitutional definitions, the basic units of 

Local Self-Government in Kosovo are municipalities that enjoy a 

high degree of autonomy and are obliged to ensure citizen 

participation in decision-making processes. Also, according to the 

Constitution, the model of the territorial body in Kosovo is based 

on the model of dual governance, without the existence of 

intermediate power bodies.  

 

 

Local government bodies are obliged to respect the Constitution, 

the Law, and enforce judicial decisions, which imply that they 

should respect the boundaries of their activity as set out in the 

Constitution and by law in exercising their functions. Despite the 

fact that the Constitution of the Republic of Kosovo promotes and 

guarantees a high degree of substantive autonomy and 

constitutional judicial protection, however, in accordance with 

the standards of the European Charter for Local Self-

Government, it envisages the institute of administrative review of 

the acts issued by the municipalities, which aim to ensure legality, 

respectively the compatibility of the acts in question with the 

Constitution and the Law in force (Constitution of the Republic 

of Kosovo, 2008, Article 124.7). This administrative review is 

exercised by the central administration bodies and, as noted 

above, the objective is only to ensure the compatibility of 

municipal acts with the Constitution and the Law.  

 

 

The administrative review, therefore, does not intend to assess the 

appropriateness and usefulness of municipal acts that regulate 

areas of municipal competencies, as opposed to delegated 

competencies where central bodies assess the appropriateness and 

usefulness of municipal acts regulating delegated competencies. 

In the context of the direct application of the principles of the 

European Charter of Local Self-Government and the 

constitutional spirit, the administrative review should respect the 

proportional principle, which means that the central supervisory 

bodies should take measures and actions in proportion to violated 

violations without affecting substantive issues of local autonomy. 

As noted above, Article 123 (General Principles) of the 

Constitution of the Republic of Kosovo stipulates that the right of 

Local Self-Government is guaranteed and regulated by law. The 

Assembly of the Republic of Kosovo, in compliance with the 

constitutional procedures, has adopted the Law No. 03 / L-040 on 

Local Self-Government.  

 

 

The Law on Local Self-Government in a Complex manner 

regulates all segments of Local Self-Government, defining 

competencies, organs, organization, local government acts and 

other issues of importance to Local Governance as a fundamental 

unit of organization of the state where citizens and residents of 

that Municipalities realize most of their rights and obligations.  

 

 

The law also regulates the relationship between central and local 

government, referring to the highest standards of local 

government and, in general, to consolidated western democracies.  

 

 

According to the Law on Local Self Government, the Central 

Government monitors, supports and oversees the work of local 

government bodies, helping the work of local government bodies 

to build professional, financial and logistical capacities for the 

exercise of their functions. However, as noted above, the Central 

Government has the right and responsibility to take the necessary 

measures against the local government bodies and in the process 

of failing local governments to enforce the law and to provide 

citizens with services. the administrative review has the right to 

take legal measures in the procedure of reviewing the legality of 

municipal acts. The Municipal Assembly, as the highest 

legislative body and municipal representative, has the greatest 

responsibilities in matters and decisions of interest of local 

residents. If the Municipal Assembly fails to perform compulsory 

functions according to the standards set by law or if it becomes 

dysfunctional and fails to exercise the fundamental rights of the 

citizens, the responsible ministry notifies the municipality of 

failures and requires the performance of municipal 

responsibilities and functions.   

 

 

Also, the Ministry responsible for Local Government notifies the 

Government of the Republic of Kosovo for the failure of the 

municipality. In this case, the Government may dissolve the 

Municipal Assembly as ineffective and announce new Municipal 

Assembly Elections (Law on local self-government, Nr. 03/L-

040, Article 50).  

 

 

According to the Law on Local Self-Government, the mayor, as 

the executive executive of the municipality, is elected by direct 

election in accordance with the Law on Local Elections. The 

mayor, as the chief executive of the municipality, applies the acts 



 

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and decisions of the Municipal Assembly and proposes to the 

Assembly for approval. The mayor is elected for a period of four 

years, but the mandate of the mayor ends as foreseen by law, as 

well as in the cases of dismissal. The Mayor may be suspended 

by a decision of the Government of the Republic of Kosovo 

within a period of 30 days if the President has violated the 

Constitution and the Law in force. If it considers that the 

conditions for suspension from the mayor's office have been met, 

the Ministry responsible for local government recommends to the 

Government of the Republic of Kosovo the suspension of that 

mayor. The Government of the Republic of Kosovo (within 30 

days) may suspend the decision of the Mayor to submit the case 

to the Constitutional Court. (Law on local self-government, Nr. 

03/L-040, Article 64.2). If the Constitutional Court supports the 

decision, the Government may dismiss the mayor from office.          

 

 

A very substantial part of the Law on Local Self-Government in 

regulating the relations between the Central and Local 

Government is the municipal administrative oversight and 

review. The entire Chapter XX of the Law defines the modalities 

of administrative review of municipal acts.  

 

 

According to the Law, the municipal administrative review has 

the following objectives: 

a) a) Strengthen the ability of local self-government 

bodies to fulfill their responsibilities through counseling, support 

and assistance; 

b) b) to ensure the legality of the activities of the bodies 

of local self-government; 

c) Ensure that the rights and interests of citizens are respected 

(Law on local self-government, Nr. 03/L-040, Article 50). 

 

 

The administrative review shall be exercised by central bodies in 

accordance with the Constitution and the principles of the 

European Charter on Local Self-Government. The Law on Local 

Self Government in Article 75.1 explicitly provides that the 

administrative review of municipalities is in accordance with the 

Constitution and the Law. This administrative review should be 

proportionate and have as little impact on the interests of Local 

Self-Government. In principle, the supervisory authority is the 

Ministry responsible for Local Government, if the responsibility 

for the supervision of municipalities is not expressly provided by 

law to the other responsible ministry or institution that deals with 

specific areas (Law on local self-government, Nr. 03/L-040, 

Article 76.1). 

 

 

The delegation of delegated powers is made by the Central 

Government body, which has delegated those competences. Law 

on Local Self-Government - As a basic law governing the 

organization and functioning of Local Government in Kosovo, it 

also has certain legal competences for MLGA, which include: 

• monitoring the exercise of enhanced competencies in 

accordance with applicable legislation in the Republic of Kosovo 

(Law on local self-government, Nr. 03/L-040, Article 76.2).; 

• oversee the legality of partnership decisions; 

• review of draft agreements on cross-border cooperation of 

municipalities; 

• issuing guidelines for cooperation agreements of municipalities 

with villages, settlements and urban quarters; 

• Notification of the Government of the Republic of Kosovo for 

non-functioning of the municipality; 

• recommends to the Government of Kosovo the suspension of 

the Mayor; 

• the right to oversee municipalities, enforce the law, ensure 

respect for the rights and interests of citizens, and to strengthen 

and enable municipal bodies to fulfill the legal mandate; 

• mandatory review of the legality of municipal acts and provision 

of preliminary consultations prior to the issuance of the act; 

• Preparation and publication of annual report on activities related 

to the supervision of municipalities in the previous year by the 

end of March (Law on local self-government, Nr. 03/L-040, 

Article 29.4, 50.3, 64.2, 74, 76, 81, 83). 

 

 

As noted above, the administrative review in the areas of personal 

and extended competencies of municipalities is limited to the 

review of legality, while in the field of delegated competences it 

is subject to oversight of the legality and appropriateness of the 

actions. The law provided for regular review of legality and 

mandatory review of legality, procedure for review of legality, 

requests for prior consultation, review of suitability and citizens' 

complaints. 

 

 

This research paper, in the following chapters, based on the facts 

and official data of the Ministry responsible for Local 

Governance, in various reports of relevant institutions, in detail, 

supported by statistical facts, will elaborate separately all these 

forms of administrative review, as a very important segment of 

the relationship between the Central and Local Government. 

 

 

The Law on Local Government Finance - which regulates the 

powers for municipal financial resources - provides that the 

ministries responsible for the respective area to which delegated 

or enhanced competences belong to will monitor and ensure that 



 

 105 

these competences are exercised in accordance with laws, sub-

legal acts and relevant standards, as well as measures taken by the 

municipality to exercise these competencies are appropriate (Law 

on local finance, Nr.03/L-049, Article 34). 

 

 

 Law on Municipal Administrative Boundaries - This Law 

regulates the territorial organization of the Local Self-

Government of the Republic of Kosovo, establishes new 

municipalities, defines the territory and administrative 

boundaries of the municipalities, making the Government of 

Kosovo indirectly liable to the Ministry of Administration Local 

Government, especially in the case of the creation of new 

municipalities (Law on administrative borders of municipalities, 

Nr. 03/L-041, Article 14.) 

         

 

In the process of administrative review, the supervisory and 

municipal authorities are obliged to cooperate with one another. 

The supervisory authority shall take all measures undertaken on 

the basis of the law and explain the reasons for the 

implementation of a measure in a particular supervision. Also, 

municipal bodies, if they consider that the supervisory authority 

has exceeded the legal powers, has the right to initiate the judicial 

protection case before the competent courts. 

 

 

Conclusions and Recommendations 

From what has been said above, it can be estimated that the 

relationship between the Central and Local Government is very 

complex and of particular sensitivity to the fact that we are 

dealing with the institutional relations of two levels of power, the 

harmonious functioning of which the functioning of the entire 

legal and constitutional system of the country is also determined. 

Given the importance of this issue, the European Charter of Local 

Self-Government, in its most substantive part, regulates the 

relationship between Central and Local Government. This card 

commits the parties to apply the basic rules that guarantee the 

political, administrative and financial independence of local 

authorities. It demonstrates at the European level the political will 

to bring to life, at all levels of territorial administration, the 

fundamental principles of the European Charter of Local Self-

Government. 

 

 

According to this charter, the administrative control of the 

activity of local activities is based on these principles: any 

administrative control over the local authorities may be exercised 

only according to the procedures and in those cases that are 

provided in constitutions or in laws; any administrative control of 

the activities of local authorities should normally only seek to 

ensure compliance with the law and constitutional principles; 

administrative control of local authorities is exercised by ensuring 

that the intervention of the controlling authority is proportionate 

to the importance of the interests which are intended to protect it. 

 

 

The Constitution of the Republic of Kosovo, the Law on Local 

Self-Government and other laws, guarantees local governments a 

high level of local autonomy, in full compliance with the 

principles of the European Charter on Local Self-Government. In 

fact, the Constitution of the Republic of Kosovo has directly 

accepted the constitutional issue of the European Charter for 

Local Self-Government, as evidence and commitment of Kosovo 

to build a local government system with European standards. 

According to the Constitution, municipalities are authorized to 

challenge the constitutionality of laws that violate their 

responsibilities and incomes in the Constitutional Court. This 

authorization enables municipal bodies to maintain their 

autonomy and breadth through this remedy. 

 

 

Based on the assessments and conclusions reached during the 

study, analysis and processing of statistical data, professional 

elaborations, taking into account the constitutional and legal 

determinants and the mission as well as the purpose of the 

administrative oversight, propose these recommendations: 

 Improvement and further advancement of the monitoring 

system of municipalities, both through direct participatory 

monitoring in municipalities and through electronic 

monitoring, which is realized through various forms, in 

particular through "telepresence"; 

 Despite the fact that the Ministry of Local Government 

Administration has built up an adequate electronic 

monitoring system, it should be borne in mind that this way 

of monitoring the work enables only faster identification of 

problems and their easier handling. Only the identification 

of legal violations during electronic monitoring is 

insufficient unless it is accompanied by concrete measures 

to address legal violations; 

 Advance and stimulate local and central level 

communication at the stage of drafting municipal acts by 

submitting the draft act to the oversight body to ensure it is 

in compliance with the law. In this way, the Municipal 

Assembly is assured for the legality of the act voted and 

approved in the Municipal Assembly; 

 As noted in this paper, the provisions of the Law on Local 

Self-Government, referring to the relationship between 

local and central level, do not create mechanisms for an 

unlawful act to be enforced until the final court decision. 



 

 106 

The current legal choices do not allow the possibility of 

suspensive measures by the supervisory authorities in cases 

of violation of legality and constitutionality to stop the 

consequences that may arise from the implementation of 

such act. This situation creates the need in the future, 

through legal changes, to provide for the right of the 

supervisory authority to abolish and abolish municipal acts 

contrary to the Constitution. 

 

 

References 

 

1. Bajrami, A. (2011). Sistemi Kushtetues i Republikës së 

Kosovës. Prishtinë: Kolgji AAB  

 

2. Sokoli, A. (2014).  E Drejta Procedurale Administrative. 

Prishtinë. 

 

3. Constitution of the Republic of Kosovo 

 

4. European Charter of Local Self-Government,  Article 3, 

Council of Europe, 1985 

 

5. Law on local finance,  Nr.03/L-049 

 

6. Law on administrative borders of municipalities, Nr.  

03/L-041 

 

7. Law on local self-government, Nr. 03/L-040. 

 

8. UNMIK regulation  nr. 2000/45 on sef-governmnet of 

municipalities of Kosovo