The Government, through article 42 of the Ministry of Interior's draft law, published in Officially in a public consultation, delete by the legislation in force the right that the Heads of Municipal Groups, to raise urgent matters before the agenda on the grounds of «disruption the proper functioning of the city council»!
More specifically, for a precise understanding of what exactly changes with the legislative intervention of the New Democracy, AIRETOS.GR presents below the before and after of the relevant Article.
GOVERNMENT BILL IN FORMAL PUBLIC CONSULTATION
« Article 42
Decision of the Municipal Council on matters not on the agenda - Amendment of par. Amendment of Article 67, Article 7 of Law No. 3852/2010
In the third subparagraph of paragraph 7 of Article 67 of Law 3852/2010 (A’ 87) after the words «or the mayor» the words «," are deleted«or a councillor of a municipal party leader» and paragraph 7 shall read as follows:
“7. The President shall draw up the agenda. The agenda must include all items proposed by the mayor, the executive committee, as well as the finance committee and the quality of life committee. The city council shall have the right to decide, on a proposal of the president or the mayor and without discussion, by a majority of the members present, that an item not on the agenda is urgent, to discuss and decide on it before the start of the discussion of the items on the agenda. In priority and always after the mayor, the heads of the political groups shall express their views in the order of election.’»
IMPACT CONTENTS of paragraph 7 of Article 67 of Law 3852/2010 (as amended by Article 74 of Law 4555/2018 and in force):
« 7. The President shall draw up the agenda. The agenda must include all items proposed by the Mayor, the Executive Committee, the Finance Committee and the Quality of Life Committee. The city council shall have the right to decide, on a proposal from the chairman or the mayor or a councillor of a municipal party leader and without discussion, by a majority of its members present, that an item not on the agenda is urgent, to discuss and decide on it before the start of the discussion of the items on the agenda. In priority and always after the mayor, the heads of the political groups shall express their views in the order of election. »
We note that and the original content of paragraph 7 of Article 67 of Law 3852/2010, such as had established it in the PASOK in Kallikrates, expressly included the said right of the Councillors of the Municipal Group Leaders.
In the Report accompanying the Bill, the Government reads:
« is abolished the possibility of a proposal - a suggestion from the councillor head of the municipal faction for the decision of the city council to discuss an urgent item which is not on the agenda and to take a decision on it before the start of the discussion of the items on the agenda, in order to facilitate the decision-making process. Η abusive Application of this possibility, circumvented the forecast due to the submission of dilatory applications and of disruption of the proper functioning of the business of the city council. »
While waiting for the reaction of the KEDE, which is the highest collective body representing not only the Mayors, but also the Municipal Councillors,
you can see the whole DRAFT LAW and the EXHIBITION that accompanies it.
