Circular Deputy Minister of Interior, published 16or September, No.’ arithm.102 / 09.13.2019, on the establishment of the Board of Corporate of CTA A and B’ degree………
With her, The Th. Lebanese informs that for the establishment and operation under new Management of NP. of local authorities implemented the provisions of No. 6 of n.4623 / 2019 and No. 10 of n.4625 / 2019. As follows from the Explanatory Report of the device, purpose of these provisions is to ensure, in each case, that the majority resulting from a combination in which elected Mayor or Region, so it can dioikithei the NP. and to take decisions that reflect the popular mandate.
The device of paragraph 1 of No. 6 of n.4623 / 2019 refers: Where the legal provisions, presidential decrees and other normative acts, provided the appointment of members to the Administration of NP. Municipalities and Regions, and their Associations, when this ratio, the 3/5 of the members, including the Chairman of the Board, with their alternates, indicated by the Mayor or the Regional Director, respectively, and 2/5 from other factions.
then questions which has come to the Ministry of Interior, on how constitution of the Board. of NP. TAB on the basis of the above provision, within not strengthen governabilitys and the formulation and implementation of policy for which they were elected Mayors and heads of regions, the Deputy Minister Circular notes the following:
– According to the new provision, States where the definition provided in the Administration of NP. Municipalities and Regions, These are indicated in the 3/5 the Mayor or the Regional Director.
– The percentage of 3/5 calculated on the numerical total members Council and regardless of the properties in which they participate (elected, citizens etc.).
– The Mayor's suggestion is binding for the Council, as indeed wherever the law provides members indicated the NP Administrations, except where expressly provided in paragraph 1, ID NO: 13 of the Code of Administrative Procedure (if the competent body to indicate, in this case the Mayor or Region, not designated members, the establishment of the relevant Council deemed legitimate without them).
– For filling the percentage of 3/5 may be designated members (members and alternates) and other factions, since the provision does not restrict.
– members out of office, and the Bodies representatives and employees, They can not be part of the suggestion of the Mayor or the Regional Director.
– If when calculating the percentage of 3/5 not occur integer, the result rounded up to the nearest integer unit, always based on the basic point of the No. 6 layout n.4623 / 2019 that "in any case, The majority of members come from the combination in which the Mayor was elected or the Region ".
For example, if the nominees are 2, the percentage of 3/5 They are 1,2 and rounded to the nearest whole unit, gives sum 2.
– The definition of President the Board. included in 3/5 members indicated binding of the Mayor or Prefect respectively.
– In calculating the ratio referred to in par.1v 'No. 6 of the n.2839 / 2000, as applicable, on compulsory proportional representation each sex, calculated in 1/3 to the members indicated (for the indicated members) and on 1/3 for the other proposed to the Council, except reasoned failure of a sufficient number of representatives of the opposite sex and excluding ex officio members.
– to Associations OTA provision only applies to the members accruing to each participating municipality and not to the appointment of the President, where specific provisions of the legislation in force.
– respectively, The provision only applies to the definition of municipal representatives in the General Meeting of Shareholders Anonymous-stock Companies OTA.
The remainder, Municipal and Regional Councils constitute the Board. the relevant NP. according to the specific provisions of the legislation.
Subsequently, The Circular includes specific reports the Administrations of the following NP:
– municipal Institutions
– Entity under ar.239-240 DTP - Municipal Port Authority
– school board, pointing out that for the establishment of the Board. of School Committees, It has been promoted to Post Ministerial Decision amending arithm.8440 / 2011 UNHCR, fully harmonized with the spirit of the provisions of No. 6 n.4623 / 2019, which will be sent by the Ministry soon issued, with specific application instructions
– Municipal Utility Companies OTA (ar.254 cc. KDK)
– Municipal Societe Anonyme (monometochikes)
– Societe Anonyme OTA
– Joint municipal utilities
Tthe full text of the Circular