24 JUNE 2000. - Act respecting the European Charter of Local Self-Government, made in Strasbourg on 15 October 1985 (1) (2)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The European Charter of Local Self-Government, made in Strasbourg on 15 October 1985, will emerge its full and full effect.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 24 June 2000.
ALBERT
By the King:
Minister of Foreign Affairs,
L. MICHEL
The Minister of the Interior,
A. DUQUESNE
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Notes
(1) Session 1999-2000.
Senate.
Documents. - Bill tabled on 2 December 1999, No. 2-214/1. Report, no. 2-214/2. - Text adopted by the Commission, No. 2-214/2.
Annales parliamentarians. - Discussion, meeting of March 16, 2000. - Vote, meeting of 16 March 2000.
House of Representatives.
Documents. - Project transmitted by the Senate, No. 50-517/1. - Report, number 50-517/1. - Text adopted in plenary and subject to Royal Assent, No. 50-517/2.
Annales parliamentarians. - Discussion, meeting of 6 April 2000. - Vote, meeting of 6 April 2000.
(2) See Decree of the Flemish Community of 19 March 2004 (Moniteur belge du 3 mai 2004), Decree of the French Community of 29 March 2001 (Moniteur belge du 28 avril 2001), Decree of the German-speaking Community of 18 February 2002 (Moniteur belge du 30 juillet 2002), Decree of the Walloon Region of 14 December 2000 (Moniteur belge du 18 janvier 2001 et 19 janvier 2001), Ordonnance de la Région

EUROPEAN CHARTER OF LOCAL AUTONOMIE
PREAMBULE
The States members of the Council of Europe, signatories to this Charter,
Considering that the purpose of the Council of Europe is to achieve a closer union between its members in order to safeguard and promote the ideals and principles of their common heritage;
Considering that one of the means by which this goal will be achieved is the conclusion of agreements in the administrative field;
Considering that local authorities are one of the principal foundations of any democratic regime;
Considering that the right of citizens to participate in the management of public affairs is part of the democratic principles common to all Member States of the Council of Europe;
Convinced that this right may be exercised most directly at the local level;
Convinced that the existence of local authorities with effective responsibilities allows an efficient and citizen-friendly administration;
Aware of the fact that the defence and strengthening of local autonomy 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;
Affirming that this entails the existence of local authorities with democratically constituted decision-making bodies and with broad autonomy as to the skills, procedures and means necessary to carry out their mission,
The following agreed:
Article 1^er
The Parties undertake to consider themselves bound by the following articles in the manner and to the extent prescribed by Article 12 of this Charter.
PART I^re
Article 2
Constitutional and legal basis for local autonomy
The principle of local autonomy must be recognized in domestic legislation and, as far as possible, in the Constitution.
Article 3
Concept of local autonomy
1. Local self-government means the right and effective capacity of local communities to regulate and manage, within the framework of the law, under their own responsibility and for the benefit of their populations, a significant share of public affairs.
2. This right is exercised by councils or assemblies composed of members elected by free, secret, equal, direct and universal suffrage and may have executive bodies responsible before them. This provision does not prejudice the use of citizens' assemblies, the referendum or any other form of direct participation of citizens where it is permitted by law.
Article 4
Scope of local autonomy
1. The basic skills of local authorities are established by the Constitution or by law. However, this provision does not prevent the allocation of competence to local authorities for specific purposes, in accordance with the law.
2. Local authorities have, within the framework of the law, the discretion to exercise their initiative for any matter that is not excluded from their jurisdiction or assigned to another authority.
3. The exercise of public responsibilities must, in general, preferably be the responsibility of the authorities closest to citizens. The attribution of responsibility to another authority must take into account the magnitude and nature of the task and the requirements of efficiency and economy.
4. Competency with local authorities should normally be full and comprehensive. They may only be questioned or limited by another authority, central or regional, within the framework of the law.
5. In the event of delegation of authority by a central or regional authority, local authorities must, as far as possible, enjoy the freedom to adapt their exercise to local conditions.
6. Local authorities should be consulted, as far as possible, in a timely and appropriate manner, during planning and decision-making processes for all matters that concern them directly.
Article 5
Protection of territorial boundaries of local authorities
For any change in local territorial boundaries, the local authorities concerned must be consulted beforehand, possibly through a referendum where the law permits.
Article 6
Adequacy of structures and administrative capacity in local government missions
1. Without prejudice to more general provisions created by law, local authorities must be able to define their own internal administrative structures, with a view to adapting them to their specific needs and to enable effective management.
2. The status of local community staff should provide for quality recruitment, based on the principles of merit and competence; To that end, it must meet adequate conditions for training, remuneration and career prospects.
Article 7
Conditions for the exercise of local responsibilities
1. The status of local elected officials must ensure the free exercise of their mandates.
2. It must provide adequate financial compensation for expenses incurred by the exercise of the mandate and, where appropriate, financial compensation for lost earnings or paid work and corresponding social coverage.
3. Functions and activities incompatible with the local elected office can only be established by law or by fundamental legal principles.
Article 8
Administrative control of acts of local authorities
1. Administrative control over local authorities may be exercised only in the form and in the cases provided for in the Constitution or by law.
2. Any administrative control of the acts of local authorities should normally be aimed only at ensuring respect for legality and constitutional principles. Administrative control may, however, include a review of the opportunity of higher-level authorities with respect to the tasks delegated to local authorities.
3. The administrative control of local authorities must be exercised in a proportionality between the extent of the intervention of the supervisory authority and the importance of the interests it intends to preserve.
Article 9
Local government financial resources
1. Local governments are entitled, within the framework of national economic policy, to adequate resources that they can freely dispose of in the exercise of their skills.
2. The financial resources of local authorities must be proportionate to the powers provided for in the Constitution or the law.
3. At least a portion of the financial resources of local authorities must come from local royalties and taxes which they have the power to set the rate within the limits of the law.
4. The financial systems on which the resources available to local authorities are based must be sufficiently diversified and scalable in nature to enable them to monitor, as far as possible in practice, the actual costs of exercising their skills.
5. The protection of financially lower local communities calls for the establishment of financial equalization procedures or equivalent measures to correct the effects of the uneven distribution of potential sources of funding and their responsibilities. Such procedures or measures should not reduce the freedom of choice of local authorities in their own areas of responsibility.
6. Local authorities must be consulted, in an appropriate manner, on the terms and conditions for the allocation of redistributed resources to them.
7. To the extent possible, subsidies to local authorities should not be directed to financing specific projects. Granting should not affect the fundamental freedom of local government policy in their own sphere of competence.
8. In order to finance their investment expenses, local authorities must have access, in accordance with the law, to the national capital market.
Article 10
The right of association of local authorities
1. Local authorities have the right, in the exercise of their skills, to cooperate and, within the framework of the law, to partner with other local authorities in carrying out tasks of common interest.
2. The right of local authorities to join an association for the protection and promotion of their common interests and to join an international association of local authorities must be recognized in each State.
3. Local authorities may, under conditions possibly provided by law, cooperate with the communities of other States.
Article 11
Legal protection of local autonomy
Local authorities must have a right of judicial remedy in order to ensure the free exercise of their powers and respect for the principles of local autonomy enshrined in the Constitution or domestic legislation.
PART II
Miscellaneous provisions
Article 12
Commitments
1. Any Party undertakes to consider itself bound by at least twenty paragraphs of Part I^re of the Charter of which at least ten are chosen from the following paragraphs:
- Article 2,
Article 3, paragraphs 1^er and 2,
Article 4, paragraphs 1^er, 2 and 4,
- Article 5,
Article 7, paragraph 1^er,
- Article 8, paragraph 2,
Article 9, paragraphs 1^er, 2 and 3,
Article 10, paragraph 1^er,
- Article 11.
2. Each Contracting State, at the time of deposit of its instrument of ratification, acceptance or approval, shall notify the Secretary-General of the Council of Europe of the paragraphs chosen in accordance with paragraph 1 of this Article.
3. Any Party may, at any later time, notify the Secretary-General that it considers itself bound by any other paragraph of this Charter that it has not yet accepted in accordance with the provisions of paragraph 1^er of this article. These subsequent commitments shall be deemed to be an integral part of the ratification, acceptance or approval of the Party making the notification and shall bear the same effect on 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 communities existing in the territory of the Party. However, each Party may, at the time of deposit of its instrument of ratification, acceptance or approval, designate the categories of local or regional communities to which it intends to limit the scope of application or that it intends to exclude from the scope of application of this Charter. It may also include other categories of local or regional authorities within the scope of the Charter by further notification to the Secretary General of the Council of Europe.
Article 14
Communication of information
Each Party shall transmit to the Secretary General of the Council of Europe any appropriate information relating to the 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 is open for signature by the Member States of the Council of Europe. It will be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval will be deposited with the Secretary General of the Council of Europe.
2. This Charter shall enter into force on 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 that subsequently expresses its consent to be bound by the Charter, the Charter shall enter into force on the first day of the month following the expiration of a period of three months after the date of the deposit of the instrument of ratification, acceptance or approval.
Article 16
Territorial clause
1. Any State may, at the time of signature or at the time of deposit of its instrument of ratification, acceptance, approval or accession, designate the territory or territories to which this Charter applies.
2. Any State may, at any other 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 designated in the declaration. The Charter shall enter into force with respect to that territory on 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 preceding two paragraphs may be withdrawn, with respect to any territory designated in that declaration, by notification addressed to the Secretary-General. The withdrawal shall take effect on the first day of the month following the expiration of six months after the date of receipt of the notification by the Secretary-General.
Article 17
Denunciation
1. No Party may denounce this Charter before the expiry of a period of five years after the date on which the Charter entered into force with respect to it. A six-month notice will be notified to the Secretary General of the Council of Europe. This denunciation does not affect the validity of the Charter with respect to other Parties provided that the number of such Parties is never less than four.
2. Any Party may, in accordance with the provisions of the preceding paragraph, denounce any paragraph of Part I^re of the Charter which it has accepted, provided that the number and category of paragraphs to which that Party is held remain in conformity with the provisions of Article 12, paragraph 1^er. Any Party that, following the denunciation of a paragraph, no longer complies with the provisions of Article 12, paragraph 1, shall be deemed to have also denounced the Charter itself.
Article 18
Notifications
The Secretary General of the Council of Europe shall notify the States members of the Council:
a. any signature;
b. the deposit of any instrument of ratification, acceptance or approval;
c. any effective date of this Charter, in accordance with its Article 15;
d. any notification received under the provisions of Article 12, paragraphs 2 and 3;
e. any notification received under the provisions of Article 13;
f. any other act, notification or communication relating to this Charter.
In faith, the undersigned, duly authorized to do so, have signed this Charter.
Done in Strasbourg, on 15 October 1985, in French and English, both texts being equally authentic, in a single copy which will be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe.
Statements and reservations made by Belgium:
European Charter of Local Self-Government, done in Strasbourg on 15 October 1985

LIST OF LIES
For the consultation of the table, see image
In accordance with Article 12, § 2, of the Charter, the Kingdom of Belgium declares that it considers itself bound by the following provisions of the Charter:
- Article 2
Article 3, § 1^er
Article 4, § 1^er
Article 4, § 2
Article 4, § 3
Article 4, § 4
Article 4, § 5
Article 4, § 6
- Article 5,
Article 6, § 1^er
Article 6, § 2
Article 7, § 1^er
Article 7, § 2
Article 7, § 3
Article 8, § 1^er
Article 8, § 3
Article 9, § 1^er
Article 9, § 3
Article 9, § 4
Article 9, § 5
Article 9, § 8
Article 10 § 1^er
Article 10, § 2
Article 10, § 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 municipalities.
In accordance with the same article, the provisions of the Charter do not apply to the Public Centres of Social Assistance (C.P.A.S.) in the territory of the Brussels-Capital Region.