Local Government Associations Act
Passed 06.11.2002
RT I 2002, 96, 565
Entry into force 01.01.2003
Amended by the following legal instruments (show)
| Passed | Published | Entry into force |
|---|---|---|
| 29.10.2009 | RT I 2009, 54, 363 | 01.01.2010 |
Chapter 1 GENERAL PROVISIONS
§ 1. Scope of application of Act
(1) This Act provides the specifications for the foundation and activities of county associations of local governments and national associations of local governments (hereinafter jointly referred to as associations) as compared to the Non-profit Associations Act.
(2) An association is a non-profit association to which the Non-profit Associations Act applies, taking account of the specifications provided for in this Act.
§ 2. County associations of local governments
(1) Local governments in a county may establish a county association of local governments (hereinafter county association).
(2) The objectives of a county association are, through the joint activity of the local governments in the county, to foster balanced and sustainable development of the county, to preserve and promote the cultural traditions of the county, to represent the county and the members of the association, to protect the common interests of its members, to promote co-operation between the local governments in the county and to create possibilities for improved performance of the statutory functions of its members.
(3) The name of a county association shall refer to the county in which the local governments belonging to the association are located and shall include the attribute in Estonian “ omavalitsusüksuste liit ” or “ omavalitsuste liit ” [local government association]. Unions of local governments which do not meet the requirements of this Act are prohibited from using the attribute “ omavalitsusüksuste liit ” or “ omavalitsuste liit ” in their names.
§ 3. National associations of local governments
(1) Local governments may establish a national association of local governments (hereinafter national association).
(2) The objectives of a national association are, through the joint activity of the local governments, to foster the development of local government in general, to represent its members, to protect the common interests of its members, to promote co-operation between its members and to create possibilities for improved performance of the statutory functions for its members.
(3) The name of a national association shall refer to the national scope of the association and to the fact that it is an association of local governments.
Chapter 2 SPECIFICATIONS FOR ESTABLISHMENT AND ACTIVITIES OF ASSOCIATIONS
§ 4. Establishment
(1) A county association may be established jointly by more than one half of the local governments in that county.
(2) A national association may be established jointly by more than one half of the local governments in Estonia or by local governments whose combined population, according to the data in the population register, constitutes more than one half of the population of Estonia.
(3) A local government may simultaneously belong to one county association and one national association.
§ 5. Statutes
(1) The following information shall be set out in the statutes of an association:
1) the name and registered office of the association;
2) the procedure for members to be accepted into the association and for members to resign or be excluded from the association;
3) the functions of the association;
4) the bodies of the association;
5) the bases for the determination of representation of members at the general meeting and in other bodies;
6) the procedure for appointment of representatives to the bodies of the association and for their replacement;
7) the authority of the bodies of the association and the procedure for representation;
8) the principles for the establishment of membership fees, and the participation of the members of the association in the procurement and use of the property of the association and in the performance of the functions of the association;
9) the rights and obligations of the members;
10) the procedure for amendment of the statutes;
11) the principles for evaluation of the results of the activities of the association, financial control over the activities of the association, and the possibilities and procedure for reacting to any deficiencies detected;
12) the bases and procedure for termination of the activities of the association;
13) the distribution of assets upon termination of the activities of the association.
(2) If the statutes of an association prescribe that the proportion of the population of the local governments who are the members of the association is to be taken into account upon determination of the representation of the members in the bodies of the association or for other reasons, the corresponding calculations shall be made using the population of the local governments as of 1 June in the year of the last local government council elections according to the data in the population register.
§ 6. Members
(1) An association shall not refuse to accept a local government as a member of the association if the local government complies with the requirements for members of a county association or national association.
(2) If the number of members of an association falls below the number set out in § 4 of this Act and if it does not prove possible to increase the number of members to the number set out in § 4 over a period of six months, the statutes of the association shall be amended, to transform the association into another type of union of local governments or the activities of the association shall be terminated.
(3) In the event of alteration of the administrative-territorial organisation, the member status of the members of the association shall be transferred to the new local government provided that all of the former local governments were members of the association.
(4) The proportion of representation held in the bodies of an association by a local government established as a result of alteration of the administrative-territorial organisation shall be determined on the basis of the characteristics of the new local government.
(5) The detailed procedure for the transfer of member status shall be prescribed in the statutes.
(6) If not all the former local governments are members of the same association, their member status shall terminate in the event of alteration of the administrative-territorial organisation.
(7) Upon application by an association for entry in the non-profit associations and foundations register, the list of members of the association shall be appended. When a member is accepted into an association or if the member leaves the association or is excluded from the association or its member status is transferred, the association shall immediately submit a notice to this effect to the registrar of the non-profit associations and foundations register.
§ 7. General meeting
(1) Each member of an association has the right to participate in the general meeting through its representative. In the cases prescribed in the statutes of an association, a member may have several representatives.
(2) Members shall appoint their representatives to the general meeting for the term of the authority of the local government council. A substitute shall be designated for each representative. The representative and his or her substitute shall be appointed from among the members of the local government council or government. The council may remove the representative or his or her substitute, regardless of the reason, and appoint a new representative or substitute.
(3) Resolutions of the general meeting shall be adopted at the general meeting by a majority of votes in favour on the part of the participating representatives. Each representative has one vote. The law or the statutes may prescribe a greater majority requirement for a resolution to be adopted or may prescribe that a resolution is adopted if no representative votes against it.
(4) In the case of associations, the majority of votes of the members specified in the Non-profit Associations Act is deemed to be the majority of votes in favour specified in subsection (3) of this Act.
Chapter 3 FUNCTIONS OF ASSOCIATIONS AND FINANCING OF ASSOCIATIONS
§ 8. Representative functions of associations
(1) An association shall represent the local governments belonging to the association as a single entity in relations with state bodies, other persons and international organisations.
(2) A county association shall represent the common interests of the local governments in the county in relations with state bodies, other persons and international organisations.
(3) In order to protect the common interests of its members, an association has the right to file an action with an administrative court.
§ 9. Local government functions performed by associations
(1) An association shall perform those functions of a local government which the general meeting has decided should be performed jointly through the association. The general meeting may adopt a resolution by which the association undertakes to perform the functions of another association on the basis of a contract.
(2) An association shall perform local government functions on behalf of those local governments where the council has decided that the functions should be performed jointly through the association.
(3) Functions which require the exercise of powers of public authority shall be transferred to an association for performance only if corresponding authorisation provided by law has been granted.
(4) Functions which have been assigned to a local government by law or on the basis thereof shall be transferred to an association for performance only if corresponding authorisation provided by law has been granted.
§ 10. State functions performed by associations
(1) An association shall perform functions assigned to it by law or on the basis thereof.
(2) An association may enter into a contract with a governmental authority by which the association undertakes to perform a state function.
(3) An association may undertake to perform a state function provided that none of the local governments which are members of the association are against it.
(4) Costs related to the performance of functions assigned to an association by law or on the basis thereof shall be covered from the state budget.
§ 11. Financing of associations
Performance of the functions of an association shall be financed from:
1) membership fees;
2) grants and donations;
3) income received from the activities of the association as specified in its statutes;
4) allocations from the state budget in the cases prescribed by law or on the basis of law.
§ 111. Annual report
An association shall submit the annual report without information concerning the principal activity in accordance with subsections 36 (5) and 78 (3) of the Non-profit Associations Act.
[RT I 2009, 54, 363 - entry into force 01.01.2010]
Chapter 4 FINAL PROVISIONS
§ 12. Re-registration of associations
(1) Local government associations registered in the register of enterprises, agencies and organisations of the Republic of Estonia (hereinafter enterprise register) shall be re-registered in the non-profit associations and foundations register.
(2) Applications for re-registration which conform to the requirements of the Non-profit Associations Act shall be submitted to the registrar of the non-profit associations and foundations register not later than by 1 January 2004. The documents required by subsection 93 (2) of the Non-profit Associations Act and a list of the members of the association shall be appended to each application.
(3) If an association registered in the enterprise register has not been registered in the register as a non-profit association by 1 January 2004, or if the application for the association to be entered in the appropriate register has not been submitted to the registrar by that date, or if the application is denied after that date, the association shall be deemed to have undergone compulsory dissolution and shall be liquidated pursuant to the procedure prescribed in § 95 of the Non-profit Associations Act. Publication of notices concerning the compulsory dissolution of associations in the official publication Ametlikud Teadaanded is exempt from state fees.
(4) A local government association which is registered in the non-profit associations and foundations register and which conforms to the requirements set out in § 4 of this Act shall bring its statutes into compliance with this Act or cease to use the name of the association no later than by 1 January 2004, otherwise the association shall be deemed to have undergone compulsory dissolution and shall be liquidated pursuant to the procedure prescribed in § 95 of the Non-profit Associations Act.
(5) Unions of local government associations registered in the enterprise register are also subject to re-registration in the non-profit associations and foundations register pursuant to the procedure provided in subsections (2) and (3) of this section.
§ 13. [Omitted from this text]
§ 14. Entry into force of Act
This Act enters into force on 1 January 2003, except for clause 13 8) which enters into force on the day following publication of this Act in the Riigi Teataja.
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