Territorial Entities

Article 125 [Tasks]
The decentralized territorial entities, endowed with legal identity and financial autonomy, shall constitute the institutional framework for citizen participation in the management of public affairs and shall guarantee the expression of their diversity and individuality.

Article 126 [Creation]
(1) The creation of territorial entities must meet criteria of geographical, economic. social, and cultural homogeneity.
 
(2) The name, number, and limits of territorial entities shall be determined by law.

Article 127 [Assemblies]
Territorial entities shall be freely administered by Assemblies which shall deliberate on matters devolving to their jurisdiction by this Constitution and by law. These deliberations shall take effect upon publication. However, they may not conflict with constitutional, legislative, or regulatory provisions.

Article 128 [Local Elections]
(1) Members of the Assemhlies shall be elected by direct universal suffrage for a four-year term.

(2) These Assemblies shall include, in part, representatives of legally constituted economic, social, and cultural bodies within the jurisdiction of the territorial entity. These representatives shall also be elected by direct universal suffrage.

(3) The methods of election to the Assemblies of territorial entities shall be established by law.

Article 129 [Executive Bureau]
(1) The implementation of decisions made in the Assemblies shall be assured by an executive bureau directed by an official elected by direct universal suffrage for a four-year term; he may be re-elected once. The executive bureau shall consist of the leaders of the public services created and financed by the territorial entity or put at its disposal by the State. These members shall be appointed by the elected leader.

(2) The executive bureau shall be answerable to the elected Assembly.

Article 130 [High Official, Control, Public Order]
(1) The State shall be represented in the territorial entities by a high official whose appointment shall be established by law. The State representative shall be responsible for assuring adherence to  legislative and regulatory provisions. He shall refer to the appropriate judicial authority any  deliberations, actions, or agreements deemed illegal.

(2) The State representative shall be responsible for public order and administration under conditions established by law. He shall be the representative of all Ministries and shall supervise State services in the territorial entities.

Article 131 [Shared Competences]
The State shall be committed to the establishment of the following:
  1. distribution of jurisdictions between the territorial entities and the State;
  2. distribution of revenue between the territorial entities and the State; and
  3. distribution of public services between the territorial entities and the State.
Article 132 [Local Tasks]
(1) The territorial entities shall assure, with the cooperation of the State, public safety, the administration and management of territorial, economic, social, sanitary, cultural, and scientific development, as well as protection of the environment and improvement in the standard of living.

(2) The distribution of jurisdictions, considering national and local interests, shall be determined by law.

Article 133 [Local Finances]
(1) The distribution of resources, based on jurisdictions granted to the territorial entities, shall be determined by law.

(2) The territorial entities shall establish and manage the budget, its functioning, and its investment, in harmony with national planning.

Article 134 [Local Resources]
The resources of territorial entities shall consist of:
  1. the proceeds of taxes voted by the Assemblies of the territorial entities and levied for their budgets; the law shall establish the nature and maximum rate of these taxes, taking into account expenses assumed by the territorial entities and national expenses;
  2. their share in the proceeds of taxes levied for the State budget. This pro rata share shall be determined by law according to a percentage which takes into account the expenses assumed individually and collectively by the territorial entities and the level of their own resources, in order to assure fair and equal treatment of the territorial entities and a balanced economic and social development among all territorial entities. The utilization of its share shall be freely determined by each territorial collectivity;
  3. the proceeds of endowments granted by the State to the territorial entities, as a whole or in part, to meet expenses resulting from the transfer of jurisdictions, or to compensate territorial entities for expenses resulting from particular programs or projects mandated by the State and implemented by the territorial entities;
  4. the proceeds of loans contracted by the territorial entities in the national or foreign market, with the agreement of national monetary authorities, with or without guaranty by the State;
  5. the proceeds of foreign aid obtained through the national monetary authorities and the ministerial department responsible for foreign relations;
  6. the proceeds of gifts;
  7. revenue from territorial land.
Article 135 [Local Funds, Public Treasury]
Funds of territorial entities whose use falls within their jurisdiction shall be deposited in the public treasury under conditions provided for by law.

Article 136 [New Local Entities]
Regional and local administrative districts and structures may be created by decree in the Council of Ministers.

Article 137 [Organizational Laws]
Rules regarding the organization, functioning, and duties of territorial entities shall be established by law.