CHAPTER SIX. Local Governance
Article 154. Decentralization
Local governance shall be based off the principle of extended decentralization. The State shall support this within the framework of State unity.
Article 155. Levels and Standards of Local Government
The State may be divided into governorates and municipalities in accordance with the demands of national security and the balancing of residential standards, space and geographical contiguity, necessities of social justice, peace and communal harmony, economic and historical factors, and requirements of development, while taking efficiency and effectiveness into account. It shall be permissible to create, integrate, or dissolve administrative units if the public interest requires it, as prescribed in the law.
Article 156. Independence of Local Government Units
Local government units shall enjoy legal personality and financial and administrative independence. Local interests shall be administered in accordance with the principle of free measure.
Article 157. Governorate and Municipal Councils
Governorate and Municipal councils shall be chosen directly through free elections, taking into account the formation of the governorate assembly, which represent municipalities located in its circumscription, as the law regulates.
Article 158. Competence of Local Government Units
Local government councils shall enjoy autonomous, transferrable, and shared powers from and with the central government. Shared and transferrable powers shall be distributed. Governorates shall also be charged with issuing regulatory legislation in accordance with the law.
Article 159. The Funding of Local Units of Governance
There shall be for the governorates and municipalities centralized funds, which shall be consistent with the necessary amount of funds required to execute their duties, along with localized funds derived from duties, sanctions, local taxes, investment returns, and what shall be received from donations and wills, in addition to what shall be obtained through loans and other returns specified by the law. The State shall guarantee financial balance between the local government units to ensure solidarity among them. Every competence transferred to local government units by the central government shall be connected to the appropriate financial resources. Local government units, within the bounds of its ratified budget, shall be free to spend its resources according to the rules of good governance.
Article 160. Subsequent Oversight
The local government units shall be subject to subsequent oversight regarding the legitimacy of its works.
Article 161. Interference of Executive Authority
The executive authority shall not interfere with the competences of local government units, except to prevent the transgression of jurisdictional boundaries, when it is to the detriment of public interests, national security, or the other interests of local units. The executive authority may also intervene if the units cannot perform their tasks or they fail to comply with national standards, plans, and policies. Interference shall be done with a direct decree clarifying the length of inability to perform their tasks and determine the remedies as the law regulates.
Article 162. Principle of Partnership and Cooperation
The local government units may establish mutual partnerships in accordance with the principle of integration to implement programs or to achieve works of shared interest. They may also establish economic regions between them and coordinate with the central government to establish foreign relationships for partnerships and cooperation, to serve developmental purposes. All of this shall be according to the precepts defined by the law.
Article 163. Local Participation
Local units of government shall adopt the necessary measures to ensure citizens’ and civil society’s contributions to plan local development programs and their implementation according to the law.
Article 164. Higher Council for Local Governance
The Higher Council for Local Governance shall be made up of governors and shall be responsible for the following tasks:
- Expressing opinions on draft legislation on local planning, budget, and finances, and any other laws relating to local governance. The Council may also present draft laws.
- Strengthen the coordination and cooperation between local units of government and with relevant executive bodies.
- Resolve conflicts between local units of government.
Headquarters of the Council shall be in Sabha. The Council may hold meetings in any other city in the country. The law regulates this.
