European Charter of Local Self-Government

The European Charter of Local Self-Government ( Original title: English European Charter of Local Self -Government / French Charte européenne de l' autonomie locale) from October 15, 1985 requires States Parties to the application of international law principles that the political, administrative and financial autonomy to ensure communities.

Genesis

Am I. European Municipalities on 17 and 18 October 1953 in Versailles have adopted in the Council of European Municipalities across borders united communities, the European Charter of Liberties community unanimously to create a free and peaceful Europe in the interests of their citizens. You have so that their sacred for thousands of years community rights set again as one of the foundations of human freedom, because they are threatened and were in many places destroyed. The Council of European Municipalities decided to defend those rights and that should make the collective power of all communities behind each community standing up for their rights in the fight.

In order to implement the European Charter of Liberties community into a binding legal norm for all countries in Europe, the new charter was drafted as a convention by a committee of governmental experts within the Council of Europe under the supervision of the Tax Committee for Regional and Municipal Affairs. These were based on a draft of the Standing Conference of European Municipalities and Regions (now the Congress of Local and Regional Authorities of Europe ). It was signed on October 15, 1985 by the Member States of the Council of Europe and entered into force on 1 September 1988. Meanwhile, almost all of Europe member states ratified the Charter. As the 44th state of Montenegro has ratified the Charter on 12 September 2008.

The aim and content of the Charter

The purpose of the Charter is to define common European and measurable standards for the protection of the rights of local authorities to give the citizens the opportunity to participate in decision- making processes that affect his habitat.

The European Charter of Local Self-Government consists of a preamble and three parts.

The signatory of Europe member states have in the Charter's Preamble to the fact that local authorities are one of the main foundations of any democratic regime, and that the right of citizens to participate in public affairs of a democratic principles is that common to the Member States of the Council are and they are convinced that this right can be exercised at the local level most directly. The protection and strengthening of local self-government they consider as an important contribution to building a Europe that is based on the principles of democracy and the decentralization of power.

In the first part of the Charter of the substantive guarantees of the principle of local self-government are presented. The Charter would like the principle of local self-government by law - is anchored and that the community representatives are elected in general elections - if possible in the Constitution. The communities are to their public affairs can regulate itself responsible for the welfare of their citizens within the legal framework. Public duties are to be performed on the level close to citizens and delegated only to a higher level if the execution on the lower level is not appropriate possible ( subsidiarity principle). The Charter contains principles for the protection of the municipal boundaries, the structure of the administration, to the perception of municipal roles and responsibilities, the local tax authority, the legal and technical supervision of the communities, to the funds of the municipalities and the legal protection of local self-government.

The second part of the Charter contains several provisions relating to the obligations that the parties by signing the Charter. Here is a realistic balance between the protection of the fundamental principles and the necessary flexibility, the need to keep the Charter because of the legal and institutional differences between the various Member States, be guaranteed. The Charter allows the parties expressly exclude certain provisions of the Charter of the validity in their territories. This is on the one hand, the objective is to protect a minimum of fundamental principles are respected. On the other hand, it is recognized that the local self-governance relates to the structure and composition of different nation-states. Each Party is making a commitment to look through at least twenty paragraphs of Part I of the Charter bound. Basically, the rules of the Charter apply to all forms and levels of local authorities. However, the parties may exclude certain types of authorities from the scope of the Charter. For the Federal Republic of Germany there are a total of two explanations for the validity of the Charter. Accordingly, the Charter applies in the Federal Republic of Germany for municipalities and districts in Rhineland -Palatinate for unitary councils. In addition, there is a limitation on Article 9 III of the Charter, which states that parts of the funding must come from local taxes and charges of which the local authorities have the right to determine the level of tax within the legal framework. In the Federal Republic, this paragraph is only relevant to communities, but to counties and municipalities in Rhineland-Palatinate Association, applicable.

The third part contains the final provisions ( signature, ratification, entry into force, territory clause, termination and notification) of the Charter.

Enforcement of the Charter

The Charter sets out the obligation of the parties, all relevant information on legislation and other measures which they adopt to convey to the Secretary General of the Council of Europe to comply with the provisions of the Charter. Outside of this duty sees the Charter, against no institutionalized system of monitoring their application.

Initially it was thought about an international monitoring system, analogous to the European Social Charter build. However, these complex Überwachungsmachinerie was finally classified as expendable, as this will ensure the Congress of Local and Regional Authorities, Council of Europe body be as direct access to the Committee of Ministers would be able sufficient political control of the observance of the provisions of the Charter by Member States.

The charter is for the Congress of Local and Regional Authorities, a principal tool for the enforcement and protection of the right of local self-government throughout Europe and is than this, especially because of the high number of ratifications, also very accepted. Compliance with the requirements will be evaluated in the context of monitoring reports of the Congress. The reports and any interference with the right of local self-government will be discussed in the institutional committee and plenary. The congress is with its recommendations directly to the Committee of Ministers.