Luiza Hoxhaj
Expert in Regional and Local Development
We increasingly speak about citizen
participation in local governance: transparency, public hearings, consultation,
stakeholder engagement, and the co-creation of public policies.
And rightly so. Governance that makes
decisions about a territory without listening to the people who live there can
hardly be considered good governance. Yet there are circumstances in which we
need to ask a further question: Is consultation enough?
Consultation, however genuinely
conducted, is not the same as co-decision-making. Citizens are informed, heard,
and invited to express their views, but the final decision remains with
representative institutions.
There are, however, decisions that
affect the relationship between a community and its territory so profoundly
that moving one step further may become necessary: from consulted citizens
to citizens who participate directly in decision-making.
This is where the discussion about
local referendums begins.
Not an Alternative
to Representative Democracy
A local referendum is not a substitute
for the municipal council, the mayor, or other elected institutions. Nor should
it become a mechanism for putting every decision concerning local
administration to a popular vote. Representative democracy has its own
institutions, which must have not only the authority but also the
responsibility to govern.
Yet local democracy does not end with
the periodic election of representatives. On certain matters, particularly when
decisions structurally and permanently affect a territorial community,
representative democracy may be complemented by instruments of direct
democracy.
It is important, therefore, to
distinguish between different levels of citizen participation.
Information tells citizens what
is being done. Consultation asks citizens what they think. Participation
involves citizens in shaping the decision-making process. A referendum,
within the scope and legal effects established by law, allows citizens to
express their will directly on a specific choice.
The question, therefore, is not
whether a referendum is more democratic than a municipal council. These are
different ways of expressing democratic legitimacy.
The relevant question is: When does
the nature of a decision require institutional representation to be
complemented by the direct expression of the community's will?
When Territorial
Boundaries Change, Who Should Be Consulted?
The debate surrounding Albania's 2026
administrative-territorial reform offers a concrete illustration of this
question.
As part of the reform process, public
hearings were organised across the country's twelve regions. An examination of
the published hearing records indicates that discussions focused primarily on
the functioning of local government: responsibilities, financing,
administrative capacities, public services, and possible approaches to
territorial organisation.
During the hearing in Vlora, for
example, alongside functional and administrative concerns, participants from
Selenica, Konispol, and Orikum raised issues directly related to the
territorial status and identity of their communities.
These discussions show that the
hearings also provided opportunities for communities to express territorial
concerns and proposals. However, the specific territorial configuration that
would subsequently be proposed had not yet been presented as the subject of
those discussions.
This brings us to an important
distinction: Consulting citizens about a problem is not the same as
consulting them about alternative solutions; and consulting them about
alternatives is not necessarily the same as consulting them about a specific
proposed decision.
All three may form part of the same
participatory process, but they do not automatically replace one another.
When citizens are asked what is not
functioning in the existing territorial organisation, they contribute to the
diagnosis. When they are asked which alternatives would be most appropriate,
they contribute to designing the reform. But when a concrete proposal envisages
that the municipality in which they live will lose its existing status and be
merged into another local government unit, the decision-making process has
entered a different stage.
The question is no longer simply: What
kind of reform do we need? It also becomes: What does the affected
community think about the specific territorial change being proposed?
An European
Principle
This is not merely a theoretical
question.
The European Charter of Local
Self-Government devotes a specific provision to changes in local authority
boundaries. Article 5 establishes that changes in local authority boundaries
should not be made without prior consultation of the local communities
concerned, possibly by means of a referendum where this is permitted by
statute.
This does not mean that communities
automatically acquire a right to veto every territorial reform.
A reform may be justified by
demographic, economic, financial, or administrative considerations, or by the
need to provide more effective public services. Local interests must also be
considered in relation to the broader public interest.
Nevertheless, the underlying principle
remains important: The more directly a decision affects the territorial
identity and institutional belonging of a community, the more important it
becomes to establish how that community's will is expressed.
Europe does not offer a single model
of territorial organisation or decision-making on local boundary changes.
Different approaches reflect different institutional traditions and legal
systems, alongside shared principles of local self-government, subsidiarity,
and democratic participation.
The challenge, therefore, is not to
seek one universal formula for every municipality, but to identify the
mechanisms that make territorial decisions better informed, more
representative, and more legitimate.
A Parallel from History
European history reminds us that the
relationship between territory and the will of its population is not a new
question.
Following the First World War, the
dissolution of empires and the creation or expansion of states in Central and
Southeastern Europe brought questions of borders, populations, and minorities
to the centre of the emerging political order.
In the debates of that period,
influenced in part by the principles articulated by Woodrow Wilson, the
interests and territorial affiliations of affected populations acquired
particular significance, although these principles were applied unevenly and were
often constrained by the interests of the major powers.
Naturally, changes to international
borders after a world war cannot be equated with administrative-territorial
reorganisation within a contemporary democratic state. These are fundamentally
different historical and legal circumstances.
The parallel of interest here is more
limited: the relationship between representative decision-making and the
expressed will of populations affected by territorial change.
History does not provide a model to be
copied. It reminds us of a principle: the more profoundly a decision affects a
community's territorial belonging, the stronger the case for making that
community's will part of the decision-making process.
In contemporary local democracy, the
municipal council is the representative body of the community. Its position on
changes to a municipality's status or boundaries therefore carries
institutional weight and deserves serious consideration.
But what happens when opposition also
emerges among citizens themselves?
Municipal Councils
Represent, Protests Signal, Referendums Measure
This question becomes particularly
relevant when territorial decisions encounter opposition both from
representative institutions and from citizens.
During the debate on Albania's 2026
territorial reform, municipal councils in several municipalities, including
Poliçan, Selenica, Dimal, Divjaka, Fushë-Arrëz, and Maliq, expressed opposition
to proposed mergers with other local government units. In some cases, these
institutional positions were accompanied by protests and other forms of civic
response.
These represent two distinct forms of
democratic expression. Municipal councils represent their communities through
mandates obtained in elections.
Protest is a legitimate instrument of
civic expression. It makes opposition visible, raises public awareness, and
calls upon decision-makers to take citizens' concerns into account.
Yet a protest does not necessarily
reveal how widely that opposition is shared throughout the community. A
protest, however significant, is not a referendum.
It may demonstrate that a concern
exists and should not be ignored. But it cannot, by itself, establish whether
that concern is shared by an active group of citizens, a substantial part of
the community, or a majority of residents.
Even a unanimous position adopted by a
municipal council, despite its considerable representative significance, is not
a direct measurement of the views of all citizens on the specific issue. This
is precisely where a local referendum may serve a different purpose.
It can channel opposition from protest
into an institutional process and help measure what protest can only signal. In
this sense:
Municipal councils represent.
Protests signal.
Referendums measure and formally express the citizens' will.
This does not imply that every protest
should lead to a referendum.
However, when a decision is
structural, has long-term consequences, or is difficult to reverse, and when
significant opposition raises questions about the extent of public acceptance,
it may be reasonable to ask:
Should the community's will be
measured directly?
Indeed, during the territorial reform
hearings in Fier, representatives of civil society also proposed the use of a
consultative local referendum for changes to territorial boundaries.
This illustrates that discussion of
referendums need not emerge only as a reaction to a reform. It can also arise
within the participatory process itself.
From “Listen to Me”
to “Ask Me”
Here lies the essential distinction
between consultation and a referendum.
During consultation, citizens
effectively say:
“Listen to my opinion about the
decision you are going to make.”
Through a referendum, they seek
something more:
“On this particular issue, I want to
express my will directly.”
This represents an important shift in
the culture of governance.
Of course, a consultative referendum
does not automatically transfer final decision-making authority from
institutions to citizens. Its legal effects depend on the applicable legal
framework.
Nevertheless, even when it is not
legally binding, a referendum may generate democratic information of a
different nature from that produced through hearings, petitions, or protests.
A local referendum should not be
viewed as an instrument of confrontation with institutions. Under certain
circumstances, it may provide those institutions with additional democratic
legitimacy when making difficult decisions.
Ultimately, the relationship between
citizens and their territory is not merely administrative. It is also connected
to belonging, identity, collective memory, and the way people experience the
place in which they live.
For this reason, on certain issues,
citizens may express that relationship in very simple terms:
“This is my city. I want to be part of
how it changes.”
But this demand for participation
should not remain merely a declaration of principle. It needs appropriate
institutional channels.
When Should a Local
Referendum Be Considered?
Not for every decision. Not as a
substitute for elected institutions. Not whenever disagreement arises. A local
referendum should remain an exceptional instrument precisely so that it retains
its democratic significance.
Nevertheless, it deserves serious
consideration when a decision changes a community's administrative-territorial
boundaries or status; when it structurally and permanently affects local
organisation; when its consequences are difficult to reverse; or when
significant civic and institutional opposition exists whose extent cannot be
established through ordinary participatory mechanisms alone.
In such circumstances, holding a local
referendum may be a legitimate democratic option to examine, within the limits
and procedures established by the Constitution and applicable legislation.
It is not necessarily a vote against
reform or against the institutions proposing it. Rather, it may offer a way to
obtain democratic information that is otherwise missing: how much support or
opposition does the proposed change actually have within the community directly
affected?
This information has value even when
final decision-making authority rests elsewhere.
Good decision-making depends not only
on procedural legality and arguments of administrative efficiency. It also
requires an understanding of the interests, concerns, and will of the
communities that will live with its consequences.
Local democracy should not be measured
solely by whether citizens have been heard. In certain circumstances, it also
requires a willingness to ask them directly.
Perhaps this is the deeper meaning of
the transition from consulted citizens to co-decision-makers.
Sources and
References
1.
Council of Europe (1985). European Charter of Local Self-Government,
particularly Articles 4 and 5.
2.
Congress of Local and Regional Authorities of the Council of Europe. Contemporary
Commentary on the Explanatory Report to the European Charter of Local
Self-Government.
3.
Parliament of Albania, Special Parliamentary Committee on
Administrative-Territorial Reform (2026). Public hearing documentation and
published minutes, particularly the hearings in Vlora and Fier.
4.
Municipal council proceedings, decisions, and publicly available meeting
recordings concerning the 2026 territorial reorganisation proposals, including
those of Poliçan, Selenica, Dimal, Divjaka, Fushë-Arrëz, and Maliq.
5.
Wilson, Woodrow (1918). Fourteen Points Address, 8 January 1918.
Methodological note: This analytical
article draws on the principles of local democracy, the European framework for
local self-government, and a review of publicly available documentation
relating to Albania's administrative-territorial reform process. The 2026
reform is used as an illustration of the broader relationship between public
consultation, institutional representation, and local referendums.





