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Scope Of The European Charter Of Local Self-Government

Original Language Title: Geltungsbereich der Europäischen Charta der lokalen Selbstverwaltung

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153. Presentation of the Federal Chancellor 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, No 193/2002):

States:

Date of deposit of the instrument of ratification:

Belgium

25 August 2004

France

17. January 2007

Georgia

8 December 2004

Montenegro

12 September 2008

Switzerland

17 February 2005

Serbia

6 September 2007

On the occasion of the deposit of their instrument of ratification, the following declarations have been made by the States:

Belgium:

The Kingdom of Belgium declares, in accordance with Article 12 (2), that it considers the following provisions of the Charter to be binding:

-Art. 2;

-Art. 3 (1);

-Art. 4 (1) to (6);

-Art. 5;

-Art. 6 (1) and (2);

-Art. 7 (1) to (3);

-Art. 8 (1) and (3);

-Art. 9 (1), (3), (4), (5) and (8)

-Art. 10 (1) to (3);

-Art. 11.

In accordance with Article 13 of the Charter, the Kingdom of Belgium intends to restrict the scope of the Charter to provinces and municipalities. The provisions of the Charter shall not apply to "Centres publics d' Aide sociale" (CPAS) in the Brussels Capital Region, in accordance with the same Article.

France:

Declaration on Art. 3

The French Republic assumes that Article 3 (2) must be interpreted in such a way as to enable the Contracting Parties to make the executive body responsible for the advisory body of a territorial authority.

Declaration on Art. 12

In accordance with Article 12 (2), the French Republic is bound by all the paragraphs of Part I of the Charter, with the exception of Article 7 (2).

Declaration on Art. 13

In accordance with Article 13, the local or regional authorities to which the Charter applies are the territorial authorities referred to in Articles 72, 73, 74 and Title XIII of the Constitution or established on those bases. The French Republic therefore assumes that the public bodies for community cooperation, which are not territorial authorities, are excluded from the scope of the Charter.

Georgia:

Georgia shall be bound by the following provisions referred to in Article 12 (1) of the Charter:

-Art. 2;

-Art. 3 (1) and (2);

-Art. 4 (1), (2) and (4);

-Art. 7 (1);

-Art. 8 (2);

-Art. 9 (1), (2) and (3);

-Art. 10 (1);

-Art. 11.

Georgia also considers itself bound by the following additional provisions of Part I of the Charter:

-Art. 4 (3) and (5);

-Art. 6 (1);

-Art. 7 (2) and (3);

-Art. 8 (1) and (3);

-Art. 9 (4), (5), (7) and (8).

Until the restoration of full sovereignty over the territories of Abkhazia and Tskhinvali, Georgia does not assume any responsibility for the fulfilment of the obligations under the Charter in these territories.

Switzerland:

In accordance with Article 12 (2), Switzerland declares that it considers the following provisions of the Charter to be binding:

-Art. 2;

-Art. 3 (1) and (2);

-Art. 4 (1), (2), (3), (5) and (6)

-Art. 5;

-Art. 6 (1);

-Art. 7 (1) and (3);

-Art. 8 (1) and (3);

-Art. 9 (1), 2, 3, 4, 6 and 8;

-Art. 10 (1) to (3);

-Art. 11.

In accordance with Art. 13, the Charter is applicable to residents ' communities (communi politici).

Serbia:

Declaration on Art. 12

According to Art. 12 of the Charter, the Republic of Serbia declares that it is bound by the following provisions of the Charter:

-Art. 2;

-Art. 3 (1) and (2);

-Art. 4, para. 1, 2, 4 and 6;

-Art. 5;

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

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

-Art. 9, para. 1, 2, 3, 4, 5, 6, 7 and 8;

-Art. 10, para. 1, 2 and 3;

-Art. 11.

According to other communications from the Secretary-General, the following statements have been made:

Denmark:

Declaration on Art. 13 and 16

The Danish Government has the effect of 1. Adopted in 2007, the declaration made on the occasion of the deposit of the instrument of acceptance of the acceptance of the acceptance certificate 1 , and to make the following statement on the purpose of the Charter in Denmark:

According to Articles 13 and 16 of the Charter, the Kingdom of Denmark assumes that the Charter shall be based on its municipal administrations ("communer"). is to apply.

Croatia:

In accordance with Article 12 (3) of the Charter, the Republic of Croatia declares that it is bound by the following provisions:

-Art. 4 (3), (5) and (6);

-Art. 8 (3);

-Art. 9 (4), (5), (6), (7) and (8)

-Art. 10, para. 2.

Slovakia:

Declaration on Art. 12

With regard to the European Charter of Local Self-Government, which was ratified by Slovakia on 1 February 2000 2 , the Slovak Republic declares that it is bound by Article 6 (2) of the said Charter.

In accordance with Article 12 (3) of the Charter, the Slovak Republic declares that it is extending its obligations and is bound by other provisions of the Charter:

-Art. 3 (1);

-Art. 4, para. 3 and 5;

-Art. 9, para. 1, 5, 6 and 7;

-Art. 10, para. 2 and 3.

Cyprus:

Declaration on Articles 12 and 5

With regard to the European Charter of Local Self-Government and, in particular, to the declaration by the Government on the occasion of the deposit of the instrument of ratification on 16 May 1988, the Republic of Cyprus declares that it is in accordance with Article 5 of the Treaty on European Union. of the above mentioned Charter.

Gusenbauer