Posted the: 2004-09-23 Numac: 2002015036 Foreign Affairs, external trade and development COOPERATION FEDERAL PUBLIC SERVICE June 24, 2000. -Law concerning consent to the European Charter of local self-government, done at Strasbourg on 15 October 1985 (1) (2) ALBERT II, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1.
This Act regulates a matter referred to in article 77 of the Constitution.
S. 2. the European Charter of local self-government, done at Strasbourg on 15 October 1985, released its full and complete effect.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given to Brussels, June 24, 2000.
ALBERT by the King: the Minister of Foreign Affairs, L. MICHEL. the Minister of the Interior, A. DUQUESNE sealed with the seal of the State: the Minister of Justice, Mr. VERWILGHEN _ Notes (1) 1999-2000 Session.
Documents. -Bill filed on December 2, 1999, no. 2 - 214/1. Report, no. 2-214/2. -Text adopted by the Commission, no. 2-214/2.
-Discussion, meeting of March 16, 2000. -Vote meeting of March 16, 2000.
House of representatives.
Documents. -Draft transmitted by the Senate, no. 50-517/1. -Report, n ° 50-517/1. -Text adopted in plenary and subject to Royal assent, meeting No. 50-517/2.
Parliamentary Annals. -Discussion, meeting of April 6, 2000. -Vote meeting of April 6, 2000.
(2) see Decree of the Flemish Community of 19 March 2004 (Moniteur belge of 3 May 2004), Decree of the French community of 29 March 2001 (Moniteur belge of 28 April 2001), Decree of the German-speaking community of 18 February 2002 (Moniteur belge of 30 July 2002), Decree of the Walloon Region of 14 December 2000 (Moniteur belge of 18 January 2001-January 19, 2001) Order of the Brussels-Capital Region of 22 April 1999 (Moniteur belge of 22 October 1999) Charter European of the autonomy local preamble the Member States of the Council of Europe, signatory of the present Charter, considering that the aim of the Council of Europe is to achieve greater unity between its members in order to safeguard and promote the ideals and principles which are their common heritage;
Whereas one of the ways by which this goal will be achieved is the conclusion of agreements in the administrative field;
Whereas local authorities are one of the main foundations of any democratic regime.
Whereas the right of citizens to participate in the management of public affairs is part of the democratic principles common to all the Member States of the Council of Europe;
Convinced that it is at local level that this right can be exercised directly;
Convinced that the existence of local authorities invested actual responsibilities allows administration to both effective and close to the citizen;
Aware of the fact that the defence and the strengthening of local self-government in the different countries of Europe represent an important contribution to the construction of a Europe based on the principles of democracy and the decentralization of power;
Saying that this implies the existence of local authorities with democratically constituted decision-making bodies and benefiting from a broad autonomy powers, the procedures for the exercise of the latter and the means necessary for the fulfilment of their mission, have agreed to the following: Article 1 the Parties undertake to consider themselves as related by the following articles in the manner and to the extent prescribed by section 12 of the Charter.
PART Ire section 2 Foundation constitutional and legal local autonomy the principle of local self-government must be recognized in domestic legislation and, as far as possible, in the Constitution.
Article 3 Concept of local self-government 1.
Local autonomy, means the right and effective capacity for local governments to adjust and manage, within the law, under their own responsibility and for the benefit of their populations, an important part of public affairs.
2. this right is exercised by councils or assemblies composed of members elected by free, secret, egalitarian, direct and universal suffrage and have responsible executive bodies before them. This provision does not prejudice the recourse to assemblies of citizens, the referendum or any other form of direct participation of citizens where it is permitted by law.
Article 4 scope of local self-government 1.
The basic skills of local communities are laid down by the Constitution or by law. However, this provision does not prevent the attribution to local skills for specific purposes, in accordance with the law.
2. the local authorities have, under the law, any latitude to exercise their initiative for any question that is not excluded from their jurisdiction or assigned to another authority.
3. the exercise of public responsibilities must, generally, remain, preferably the closest authorities to citizens. The assignment of responsibility to another authority shall take into account the magnitude and nature of the task and requirements efficiency and economy.
4. the powers conferred on local authorities must be normally full and entire. They cannot be questioned or limited by another authority, Central or regional, as under the law.
5. in case of delegation of powers by a central or regional authority, local authorities must enjoy, as far as possible, freedom to adjust their exercise to local conditions.
6. local communities must be consulted as much as possible, in a timely and appropriately, during the planning and process of decision in all matters that affect them directly.
Article 5 Protection of the territorial limits of local communities for any modification of the local territorial limits, local communities concerned must be consulted beforehand, possibly by referendum where the law so permits.
Article 6 adequacy of structures and administrative resources to the missions of local 1. Without prejudice to more general provisions created by the Act, local authorities must set themselves the internal administrative structures which they intend to develop, to adapt them to their specific needs and to provide effective management.
2. the status of local staff should allow recruitment of quality, based on the principles of merit and competence; to this end, it must bring proper training, remuneration and career opportunities.
Article 7 Conditions for the exercise of responsibilities at local level 1. The status of local elected representatives must ensure the free exercise of their mandate.
2. must allow adequate financial compensation of costs incurred by the exercise of the mandate as well as, where appropriate, the compensation for lost earnings or remuneration for work done and cover social correspondate.
3. the functions and activities incompatible with the mandate of elected local officials can be fixed only by law or fundamental legal principles.
Article 8 administrative control of the acts of local authorities 1. Any administrative control over local communities cannot be exercised according to the forms and in the cases provided for by the Constitution or by law.
2. any administrative control of the acts of local authorities shall normally aim to ensure respect for legality and constitutional principles. The administrative control can, however, understand the opportunity control exercised by officials of higher level in relation to the tasks whose implementation is delegated to local authorities.
3. the administrative control of local authorities must be exercised in the respect of proportionality between the extent of intervention by the supervisory authority and the importance of the interests which it intends to preserve.
Article 9 financial resources of local authorities 1. Local authorities were entitled, within national economic policy, to sufficient own resources which they may dispose freely in the exercise of their powers.
2. the financial resources of local authorities must be proportionate to the powers provided for by the Constitution or the law.
3. a part at least of the financial resources of local communities must come royalty and local taxes that they have the power to set the rate, within the limits of the law.
4. financial systems rely on available local resources must be sufficiently diverse and evolving nature to enable them to follow, as much as possible in practice, the actual evolution of the costs of the exercise of their powers.
5. the protection financially weaker local authorities calls for the implementation of procedures of financial equalization or equivalent measures to correct the effects of the unequal distribution of the potential sources of financing as well as charges that their obligations. Such procedures or measures must not reduce the freedom of choice of local communities in their own areas of responsibility.
6. local communities must be consulted in an appropriate manner, on the modalities for the allocation to them of redistributed resources.
7. to the extent possible, grants to local communities must not be intended for the financing of specific projects. Subsidies should not undermine the fundamental freedom of the local policy in their own field of competence.
8. in order to finance their capital expenditures, local communities must have access, in accordance with the law, to the national capital market.
Article 10 the right to association of local authorities 1. Local authorities have the right, in the exercise of their competences, to cooperate and, under the Act, to join with other local communities for the performance of tasks of common interest.
2. the right of local communities to join an association for the protection and promotion of their common interests and to join an international association of local communities must be recognized in each State.
3. local authorities may, under conditions laid down by law, cooperate with the authorities of other States.
Article 11 Legal Protection of local self-government local communities must have the right of judicial remedy in order to ensure the free exercise of their competence and respect for the principles of local self-government that are enshrined in the Constitution or domestic legislation.
Part II provisions various section 12 commitments 1. Any party undertakes to consider as related by twenty at least one of the paragraphs of part Ire of the Charter which at least ten are chosen from the following paragraphs: - article 2 - article 3, paragraphs 1 and 2, - article 4, paragraphs 1, 2 and 4 - article 5 - article 7, paragraph 1, - article 8, paragraph 2, - article 9, paragraphs 1, 2 and 3 , - article 10, paragraph 1, article 11.
2. each Contracting State, at the time of the deposit of its instrument of ratification, acceptance or approval, shall notify the Secretary general of the Council of Europe the paragraphs selected in accordance with paragraph 1 of this article.
3 any party may, at any subsequent time, notify the Secretary general that it considers itself to be bound by any other paragraph of this Charter, it had not yet accepted in accordance with the provisions of paragraph 1 of this article. These subsequent commitments shall be deemed an integral part of the ratification, acceptance or approval of the party making the notification and will carry the same effect from the first day of the month following the expiration of a period of three months after the date of receipt of the notification by the Secretary-General.
Article 13 communities to which the Charter applies the principles of local self-government contained in this Charter apply to all categories of local authorities existing within the territory of the party. However, each party may, when depositing its instrument of ratification, acceptance or approval, designate the categories of local or regional authorities to which it intends to limit the scope or which it intends to exclude from the scope of the present Charter. It can also include other categories of local or regional authorities within the scope of application of the Charter by subsequent notification to the Secretary-General of the Council of Europe.
Article 14 provision of information each party submits to the Secretary general of the Council of Europe any appropriate information concerning legislative and other measures it has taken to comply with the terms of this Charter.
Part III Article 15 Signature, ratification, entry into force 1. This Charter shall be open for signature by the Member States of the Council of Europe. It will be subject to ratification, acceptance or approval. The instruments of ratification, acceptance or approval shall be deposited with the Secretary general of the Council of Europe.
2 this Charter shall enter into force the first day of the month following the expiration of a period of three months after the date on which four Member States of the Council of Europe have expressed their consent to be bound by the Charter, in accordance with the provisions of the preceding paragraph.
3. for any Member State which subsequently expresses its consent to be bound by the Charter, it shall enter into force the first day of the month following the expiration of a period of three months after the date of deposit of the instrument of ratification, acceptance or approval.
Article 16 territorial Clause 1. Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, designate any territories to which apply the present Charter.
2. any State may, at any time thereafter, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of this Charter to any other territory specified in the declaration. The Charter will enter into force with respect to that territory the first day of the month following the expiration of a period of three months after the date of receipt of the declaration by the Secretary general.
3. any declaration made under the two preceding paragraphs may be withdrawn, in respect of any territory specified in the declaration by notification to the Secretary-General. The withdrawal shall take effect on the first day of the month following the expiration of a period of six months after the date of receipt of the notification by the Secretary-General.
Article 17 denunciation 1. Any party may denounce this Charter before the expiry of a period of five years after the date on which the Charter entered into force as regards the. A six month notice period shall be notified to the Secretary general of the Council of Europe. This termination shall not affect the validity of the Charter with respect to other Parties provided that the number of these is never less than four.
2 any party may, in accordance with the provisions set out in the preceding paragraph, denounce any paragraph of part Ire of the Charter she agreed, provided that the number and category of the paragraphs to which this party is obliged to remain consistent with the provisions of article 12, paragraph 1. Any party which, following the denunciation of a paragraph, does more conform to the provisions of article 12, paragraph 1, shall be considered as having also denounced the Charter itself.
Article 18 Notifications the Secretary general of the Council of Europe shall notify the Member States of the Council: has. any signature;
b. the deposit of any instrument of ratification, acceptance or approval;
c. any date of entry into force of this Charter, in accordance with article 15 thereof;
d any notification received in application of the provisions of article 12, paragraphs 2 and 3;
e. any notification received in application of the provisions of article 13;
f. any other Act, notification or communication relating to this Charter.
In faith whereof the undersigned, duly authorized thereto, have signed the present Charter.
Done at Strasbourg, on 15 October 1985, in french and English, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary general of the Council of Europe in shall communicate certified copies to each of the Member States of the Council of Europe.
Declarations and reservation made by the Belgium: European Charter of local self-government, in Strasbourg on October 15, 1985 list of States related to the consultation of the table, see image in accordance with article 12, § 2, of the Charter, the Kingdom of Belgium declares that it consider itself bound by the following provisions of the Charter: - article 2 - article 3, § 1 - article 4 , § 1st - article 4, § 2 – section 4, § 3 - article 4, § 4 - article 4, § 5 - article 4, § 6 - article 5 - article 6, § 1 - article 6, § 2 – section 7, § 1 - article 7, § 2 - article 7, § 3 - section 8, § 1 - article 8, § 3 - section 9, § 1 - article 9, § 3 - article 9, § 4 - section 9, § 5 - article 9, § 8 - article 10, § 1 - article 10, § 2 - section 10 § § 3 3 article 11.
In accordance with article 13 of the Charter, the Kingdom of Belgium considers that it intends to limit the scope of the Charter to the provinces and the municipalities.
In accordance with the same article, the provisions of the Charter does not apply to public Centres for social assistance (CPAs) in the territory of the Brussels-Capital Region.