(1) Notwithstanding the provisions of Sections 74 and 75 above, all
decisions taken in the following areas shall be subject to prior approval by the
representative of the State and forwarded to the local official of the ministry in charge
of local authorities:
- budgets, accounts and special expenditure authorizations;
- loans and loan guarantees;
- international cooperation agreements;
- land matters;
- delegation of public service beyond the current term of office of the
deliberative organ of the local authority;
- agreements on the execution and control of public contracts, subject to the
relevant limits provided for by the regulations in force; and
- recruitment of staff in accordance with the conditions laid down by regulation.
(2) Council and regional development plans as well as territorial development
plans shall be drawn up as much as possible in keeping with national development
plans. Consequently, the related resolutions shall be submitted to the representative
of the State for approval.
(3) Resolutions and decisions taken in pursuance of sub-section (1) above
shall be forwarded to the representative of the State, according to the procedure set
out in Section 74 above. The approval of the representative of the State shall be
deemed granted, where such approval is not notified to the local authority concerned
within a maximum period of 30 (thirty) days from the date of acknowledgement of
receipt, by any medium.
(4) The time limit provided for in sub-section (3) above may be reduced by the
representative of the State, at the request of the chief of the executive of the local
authority. Such request shall stay the enforcement of the resolution as well as the
calculation of the deadlines applicable in case of litigation, in accordance with the
laws in force.
COPIE CERTIFIEE CONFORME 16
III–Effects of Control
Official text
Spot-checked
In force from 24 December 2019
Source page 16
Section 76 of the Law No 2019/024 of 24 december 2019 bill to institute the general code of regional and local authorities/akn/cm/act/loi/2019-12-24/2019-024