The Palestinian Economy. Theoretical and Practical Challenges

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Proceedings “The Palestinian Economy: Theoretical and Practical Challenges” 265 Palestinian Legislative Council (PLC), as well as relevant PA policies and practices that regulate and influence the relationship between the central government and the LGUs. Particular emphasis is given to legal issues that need to be resolved to safeguard the rule of law and facilitate the decentralisation of government. The number of new laws enacted by the PA that pertain to local government issues is rather limited. A review of the Palestinian Gazette reveals that out of fifty-seven laws that have been enacted, 25 only two are directly related to the local government functioning. These are: 26 (a) the Palestinian Local Authorities Law of 1997, and (b) the Elections for Local Authorities Law of 1996. 4.1. The Palestinian Local Authorities Law of 1997 This law replaces the following two Jordanian laws that used to govern the West Bank prior to the PA: (a) Municipalities Law no. 29 of 1955 and (b) Administration of Villages Law no. 5 of 1954. It likewise replaces the following British Mandate laws in Gaza Strip: (a) the Municipalities Ordinance of 1934 and (b) the Administration of Villages Ordinance of 1944. The Local Government Law (LGL) provides “a statutory framework for the functioning of the local government in the West Bank and Gaza Strip. It delineates the role of the elected councils of the LGUs and their relationship to the central government, primarily through the Ministry of Local Government.” 27 In order to comprehend the legislative solutions better, a review of the main provisions will be provided and the main legal and administrative issues will be examined. 4.1.1. Formations and Dissolution of LGUs Upon recommendation by the Minister of Local Government, the Council of Ministers has a mandate to determine the establishment, structure and boundaries of LGUs. 28 However, there seems to have been some failures to comply with the details of the law. 25 See the website at: . 26 Palestinian Gazette, no 16 (January 30, 1997), and no. 20 (November 29, 1997). 27 ARD, Inc. discussion paper (April 2000), p. 7. 28 Article 4 reads as follows:“1. In accordance with the provisions of this law, the structure, formation, and jurisdiction (boundaries of the Palestinian Local Bodies shall be organised and prescribed in a mandate issued by the Council of Ministers based on a recommendation by the Ministry.”
266 Zagha Such failures are found in the renaming of the city of Small Abasan to New Abasan in the Gaza Strip where the decision was taken by the President of the PA instead of the Council of Ministers. Another example involves decisions issued by the Minister to establish agricultural villages in the Gaza Strip in 1997 where there was no reference to the LGL, but only to the previous British Mandate Law. 4.1.2. Functions of the Authorities of LGUs Similar to the 1955 Municipality Law, in the Local Authorities Law of 1997, Article 15(A) the “functions of the Council” are specified in a list of at least twenty-seven items including: town and street planning, building and construction permits, water supply and power supply. The Municipal Council has the capacity to delegate some of its functions to contractors for up to three years with the Minister’s approval. The corresponding paragraph in the Jordanian Law extends this period to thirty years. The Municipal council is authorised to set up regulations to enable it to carry out any duty or to execute any power as stated above, with the Minister’s approval [Article 15(b)]. Upon examining the degree of actual application of the above, the following findings were compiled: • The Ministry of Local Government (MoLG) has prepared no fewer than sixteen regulations/bylaws based on article 15 of the LGL. 29 However, since the power to issue such regulations lies with the councils of LGUs – not with the ministry – their legality is questionable, as the court found them ultra vires (i.e., issued outside the scope of authority). • None of these regulations has been published in the official Palestinian Gazette. 29 Such as, Banana Fermentation Regulations no. 5, 1998; Entertainment Fees Regulations, 1999; Demolition of dangerous Buildings Regulation, 1999; and Regulations Concerning Local Authorities’ Chairpersons, 1998.
Page 1 and 2: The Palestinian Economy Theoretical
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Page 9 and 10: 246 Zagha 1. Introduction The local
Page 11 and 12: 248 Zagha and groups in political d
Page 13 and 14: 250 Zagha drawbacks in the politica
Page 15 and 16: 252 Zagha it is not surprising that
Page 17 and 18: 254 Zagha economy (including expend
Page 19 and 20: 256 Zagha social norms sharply dist
Page 21 and 22: 258 Zagha Bird (1995) puts it, info
Page 23 and 24: 260 Zagha intergovernmental fiscal
Page 25 and 26: 262 Zagha low rate flat tax levied
Page 27: 264 Zagha need to be given access t
Page 31 and 32: 268 Zagha 4.1.3. The Relationship b
Page 33 and 34: 270 Zagha a final account report of
Page 35 and 36: 272 Zagha 4.1.6. Functions of LGUs
Page 37 and 38: 274 Zagha • Management of LGU ass
Page 39 and 40: 276 Zagha Figure 2: Local Governmen
Page 41 and 42: 278 Zagha In summary, what the data
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Page 51 and 52: 288 Zagha Fiscal decentralisation i
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424 Olivera provisions - in particu
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The Palestinian Economy. Theoretical and Practical Challenges

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