European Charter for Local Self-Government

The European Charter of Local Government was established by an act of 15 October 1985. in Strasbourg by the Member States of the Council of Europe. Charter took effect on 1 September 1988. The European Charter for Regional Government is a set of general principles, which are also common in democracies of Europe. The main aim of creating the Charter was to develop a European standard for local government. Acts of local governments may not be contrary to the provisions contained in the Charter. In order to check the conformity between the Charter local self-government authorities may apply to the Constitutional Court, whose judgement on this matter is final.

Main provisions in Charter

The Charter contains provisions which relate to:

• the concept of local self-government,
• the main principles of the activity of local self-government-in accordance with the principle of subsidiarity,
• protecting boundaries of local communities-with the requirement of consultation with the community,
• the establishment of internal structures and administrative measures tailored to the tasks performed,
• the status of the representatives of the local authorities on the free exercise of the mandate,
• reduction of administrative supervision over the activities of local communities-the principle of proportionality,
• the right to organize and to cooperation with other entities in the country and abroad.
• principles of financing in accordance with the principle of financial autonomy, including the right to dispose of their own financial resources tailored to the nature and extent of the tasks.

Application

The European Charter for Local Self-Government provides a framework for the principles and practices of local self-government in Europe. It sets out the rights and responsibilities of local authorities, as well as the relationship between local authorities and national governments. Some of the main applications of the Charter include:

• Local authorities are able to exercise a wide degree of autonomy and discretion in the management of their affairs, in accordance with the principle of subsidiarity.
• The Charter promotes the protection of the boundaries of local communities, and requires consultation with the community in cases where boundary changes are proposed.
• Local authorities have the right to establish internal structures and administrative measures that are tailored to the tasks they perform.
• The status of representatives of local authorities is protected, ensuring that they can freely exercise their mandate.
• The Charter promotes the reduction of administrative supervision over the activities of local communities, and the principle of proportionality is applied in cases where supervision is required.
• Local authorities have the right to organize and cooperate with other entities, both within their country and abroad.
• The Charter also sets out principles of financing in accordance with the principle of financial autonomy, including the right of local authorities to dispose of their own financial resources in a manner that is tailored to the nature and extent of the tasks they perform.
• the Charter also allows for local self-government authorities to apply to the Constitutional Court for the conformity check and the judgement on this matter is final.

European Charter for Local Self-Government — recommended articles

European Charter for Regional Self-Government — Voivode — Local government — Government — Copenhagen criteria — Public authority — Regulatory data — State administration — Basel convention

References

• Council of Europe website