Scope Of The European Charter Of Local Self-Government

Original Language Title: Geltungsbereich der Europäischen Charta der lokalen Selbstverwaltung

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7. Revelation of the Federal Minister of Constitution and Public Service concerning the scope of the European Charter of Local Self-Government

According to communications from the Secretary-General of the Council of Europe, the following other countries have their instruments of ratification of the European Charter of Local Self-Government (BGBl. No 357/1988, last proclamation of the BGBl area. III N ° 5/2012):

States:

Date of deposit of the instrument of ratification:

Monaco

10 January 2013

San Marino

29 October 2013

On the occasion of the deposit of their instruments of ratification, these States have made the following declarations:

Monaco:

In accordance with Article 12 (2) of the Charter, the Principality of Monaco declares that the following Articles and paragraphs shall be regarded as binding:

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Art. 2;

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Art. 3 (2);

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Article 4 (1), (2), (4), (5) and (6)

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Art. 5;

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Art. 6 (1) and (2);

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Art. 7 (1) and (3);

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Art. 8 (1) and (2);

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Art. 9 (5), (6) and (7);

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Art. 10 (1) and (3);

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Art. 11.

The princely government recalls that the territory of the Principality, with an area of approx. 2 km², consists solely of a single municipality, which is an autonomous legal person anchored in the Constitution and an institution under public law. Therefore, in Monaco, the concept of local self-government, as agreed in Article 3 of the Charter, takes into account the specific institutional and geographical circumstances of the country, as defined in Title IX of the Constitution. and amended by Law No 959 of 24 July 1974 on the municipal organisation.

San Marino:

In accordance with Article 12 (2), San Marino declares that the following Articles and paragraphs shall be considered to be binding:

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Art. 2;

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Art. 3 (1) and (2);

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Article 4 (1), (2), (3), (4) and (6);

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Art. 5;

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Art. 6 (1) and (2);

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Art. 7 (1), (2) and (3);

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Art. 8 (1), (2) and (3);

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Articles 9 (1), 2, 4, 5, 6 and 7;

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Art. 10 (1), (2) and (3);

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Art. 11.

San Marino maintains that Article 9 of the Charter must be interpreted as establishing a general principle of financial autonomy, according to which the local authorities are entitled to freely use the financial resources allocated to them for the exercise of their financial autonomy. Powers within the framework of national economic policy.

According to a further note from the Secretary-General of 30 March 2012, Azerbaijan 1 the declaration made on the occasion of the deposit of the instrument of ratification, in accordance with Article 12 of the Charter, revises that it considers that Article 4 (3) is not binding on its own account.

Furthermore, on 13 November 2013, Azerbaijan declared that the Government of the Republic of Azerbaijan, according to the Law of the Republic of Azerbaijan No. 690-IVQ of 21 June 2013, has decided the Passus " Art. 10 (1) and (2) "in their Declaration on Art. 12 of the Charter by the Passus" Art. 10 (1), (2) and (3).

In addition, Bulgaria 2 the declaration of effectiveness of 1 December 2012, issued on the occasion of the deposit of the instrument of ratification, has been fully withdrawn.

Ostermayer