Scope Of The European Charter Of Local Self-Government

Original Language Title: Geltungsbereich der Europäischen Charta der lokalen Selbstverwaltung

Read the untranslated law here: https://www.global-regulation.com/law/austria/2995682/geltungsbereich-der-europischen-charta-der-lokalen-selbstverwaltung.html

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7 announcement of the Federal Minister for constitutional and civil service regarding the scope of the European Charter of local self-government

After notifications the Secretary of General of the Council of Europe, following further States have their instruments of ratification to the European Charter of local self-government (BGBl. No. 357/1988, last proclamation of the scope BGBl. III No. 5 / 2012) deposited:

 







States:









Date of deposit of the instrument of ratification:









Monaco





10 January 2013







San Marino





29 October 2013





 

These States have made following statements on the occasion of the deposit of its instrument of ratification:

Monaco:

In accordance with article 12, paragraph 2 of the Charter explains the Principality of Monaco for related articles to and paragraphs as binding to viewing:



-Article 2;

-Article 3 para 2;

-Article 4 paragraphs 1, 2, 4, 5 and 6;

-Article 5;

-Article 6 paragraphs 1 and 2;

-Article 7 para 1 and 3;

-Article 8 paragraphs 1 and 2;

-Article 9 paragraph 5, 6 and 7;

-Article 10 para 1 and 3;

-Article 11.

The Princely Government recalls that the territory of the Principality, with an area of 2 km, ² only consists of a single municipality, which is an autonomous legal person enshrined in the Constitution and an institution under public law. Therefore, the concept of local self-government is in Monaco, as stipulated in article 3 of the Charter, taking into account the specific institutional and geographical characteristics of the country, as defined in the framework of title IX of the Constitution and amended by law No. 959 of 24 July 1974 concerning the municipal organization.

San Marino:

In accordance with article 12, paragraph 2 explains San Marino for related articles to and paragraphs as binding to viewing:



-Article 2;

-Article 3 paragraphs 1 and 2;

-Article 4 para 1, 2, 3, 4, 5 and 6;

-Article 5;

-Article 6 paragraphs 1 and 2;

-Article 7 para 1, 2 and 3;

-Article 8 para 1, 2 and 3;

-Article 9 para 1, 2, 4, 5, 6 and 7;

-Article 10 par. 1, 2 and 3;

-Article 11.

San Marino maintains that article 9 of the Charter to be interpreted is, that he establishes a general principle of financial autonomy, according to which the local authorities are entitled to have them freely on the allocated funds for the exercise of its powers in the framework of national economic policy.

 

A further release of the Secretary-General by March 30, 2012 according to azerbaïdjan1 the Declaration made on the occasion of the deposit of the instrument of ratification in accordance with article 12 of the Charter article 4 revised accordingly, that it regards article 4 para 3 for himself as not binding.

Furthermore has declared Azerbaijan on 13 November 2013, that the Government of the Republic of Azerbaijan, no. 690-IVQ of 21 June 2013, has decided according to the law of the Republic of Azerbaijan, the passage "article 10 par. 1 and 2" in their Declaration on article 12 of the Charter by the passage "article 10 par. 1, 2 and 3" to replace.

 

It also has Bulgarien2 fully retracted the Declaration made on the occasion of the deposit of the instrument of ratification with effect from December 1, 2012.

 

Ostermayer