181/1999 Coll.
The COMMUNICATION FROM the
Ministry of Foreign Affairs
Change: 368/1999 Coll.
Ministry of Foreign Affairs declares that on 15 December. October 1985 was in the
Strasbourg, adopted the European Charter of local self-government.
On behalf of the United States was the European Charter signed in Strasbourg the day
May 28, 1998.
With the European Charter gave its assent, Parliament of the Czech Republic.
President of the Republic has ratified it.
The Charter of the United States instrument of ratification was deposited with the
Secretary-General of the Council of Europe on 7 December. May 1999. When ratifying the European
the Charter was made the following announcement:
"The Czech Republic within the meaning of article 12, paragraph 1. 1 of the European Charter of local
Self-Government of 15 October. October 1985 shall be deemed to be bound by the 24 (twenty
four) a paragraph and part of the Charter, of which 13 (thirteen) paragraph
referred to in article 12(2). 1 of the Charter.
She's not to be bound by the following provisions:
Article 4-paragraph 5
Article 6-paragraph 2
Article 7-paragraph 2
Article 9-paragraph 3, paragraph 5 and paragraph 6. "
The European Charter entered into force, pursuant to article 15 paragraph 1. 2
on 1 May 2004. September 1988. For the Czech Republic, the Charter shall enter into force in
accordance with the wording of paragraph 3 of the same article of the day 1. September 1999.
Czech translation of the European Charter shall be designated at the same time. To the English
the text of the Charter can be consulted at the Ministry of Foreign Affairs and
The Ministry of Interior.
THE EUROPEAN CHARTER OF LOCAL SELF-GOVERNMENT
The preamble to the
The undersigned Member States of the Council of Europe, considering that the aim of
The Council of Europe is to achieve greater unity between its members for the purpose of
the protection and realization of the ideals and principles which are their common
Heritage;
considering that one of the methods to achieve this objective, the
the agreement in the area of governance;
considering that the local community are one of the main
the foundations of any democratic establishment;
considering that the right of citizens to participate in the running of public affairs
is one of the democratic principles shared by all Member States of the Council of
Of Europe;
convinced that this right can be most directly to exercise on the local
level;
convinced that the existence of a truly responsible local
the community may lead to manage that is both effective and citizen
nearby;
Noting that the protection and strengthening of local authorities in different
European countries is an important contribution to the building of Europe based on
the principles of democracy and decentralization of power;
declaring that this requires that there is a local community
equipped with a democratically created decision-making councils and having high
degree of autonomy regarding their responsibilities and ways and means
its realization, as well as the resources needed to ensure that this responsibility
dostál, have agreed as follows:
Article 1
The parties declare that they feel themselves to be bound by the following articles and
so, as provided for in article 12 of the Charter.
PART I
Article 2
Constitutional and legal foundations of local self-government
The principle of local self-government is recognised in national law, and,
where applicable, even in the Constitution.
Article 3
The concept of local government
1. Local Self-Government denotes the right and the ability of local communities in
the limits imposed by law on the responsibility and in the interests of the local
the population of the edit and manage a substantial part of public affairs.
2. this right is exercised by the Council or the Assembly, which is composed of
the members freely elected by secret ballot on the basis of direct, equal
and universal suffrage, and that may have executive bodies,
they are responsible. This provision shall be without prejudice to the use of the Assembly
citizens, referendums or any other forms of direct citizens ' participation, where this
the use of the law permits.
Article 4
The scope of local self-government
1. the powers and responsibilities of local community
the Constitution or the law. However, this provision does not prevent, in accordance with the
by law, local communities to share the powers and responsibility for
specific purposes.
2. the local community shall have full freedom within the law to apply
their initiative in any case which is not excluded from the scope of
or entrusted to another body.
3. responsibility for public affairs usually borne by those authorities,
that are closest to the citizen. Another body with responsibility, where
This corresponds to the scale and nature of the task and the requirements of efficiency and
efficiency.
4. the powers granted to local communities are usually full and
exclusive. Another authority, Central or regional, can intervene in them
or is the limit only if so provided by law.
5. Where are the powers transferred to them by the central or regional
authority, the local community will, if possible, their
the exercise at its discretion in adapting to local conditions.
6. with the local communities, if possible, in a timely and appropriate manner
consulted on the issues of planning and decision-making in all matters that are
directly affect them.
Article 5
Border control of local administrative units
The boundaries of the local administrative units cannot be modified without previous
consultation with the population of the affected units, made as far as possible
the referendum, the referendum law allows.
Article 6
Administrative structures and resources to fulfil the tasks of local communities
1. Without prejudice to the more general legal provisions, local
the community to establish its own internal administrative structures, that is
adapted to local needs and to ensure efficient management.
2. conditions of Service of staff of the local Government must be capable of obtaining
high-quality staff on the basis of the characteristics and qualifications; for
to that end, ensure adequate opportunities for upgrading skills,
reasonable pay and reasonable prospects of advancement.
Article 7
The conditions for the exercise of responsibilities at local level
1. The conditions under which local elected representatives are working, must allow
the free exercise of their functions.
2. these conditions shall allow a reasonable financial compensation for expenses
that in the exercise of the functions has occurred, compensation for loss of income or
remuneration for the work performed and the corresponding social security.
3. the functions and activities which are considered to be incompatible with the adopting
elected Office in the place provided for by law or the basic principles of law.
Article 8
Administrative supervision over the activities of local communities
1. any administrative supervision of local communities can exercise only
so, and in such cases as provided for in the Constitution or the law.
2. any administrative supervision over the activities of local communities commonly
It seeks only to ensure compliance with the law and constitutional principles. U
tasks, the performance of which has been transferred to the local community, may, however,
higher authorities to carry out controls and as regards the suitability of the chosen
resources.
3. the administrative supervision of local communities is carried out so that the
ensure that the examining body is proportionate to the importance of
interests, which is supposed to protect.
Article 9
The financial resources of local communities
1. Local communities have in the framework of the economic policy of the State the right to
proportionate to its own financial resources, which may, in the framework of their
powers freely dispose of.
2. the financial resources of local communities are proportionate liability
provided for by the Constitution and by law.
3. At least part of the financial resources of the local community comes from
local taxes and fees, the rate of local community
the limits of the law.
4. the financial systems on which they are based are local resources
the community must be so diverse and flexible to
allow that these resources will be, if possible, still correspond to the physical
the development cost of the accomplishment of the tasks of the local community.
5. protection of financially weaker local community calls for the introduction of
procedures of the financial balancing or equivalent measures, designed to
to correct the consequences of unequal distribution of potential financial
resources and financial burden that should be borne by them. Such
procedures or measures shall not restrict the discretion that
the local community can, within their own responsibility to apply.
6. with the local communities are consulted in an appropriate manner as they
the resources to be allocated being redistributed as part.
7. Subsidies local community as far as possible in advance unrelated to
financing of specific projects. The provision of subsidies to dispose of
the basic freedom of local communities to apply in the context of its
the scope of the discretion.
8. For the purpose of obtaining credit for capital investments to local
the community within the limits of law, access to the national capital market.
Article 10
The right of local communities to bring together
1. Local communities have the right to exercise their powers
work and within the law, to carry out tasks of common interest
bring together with other local communities.
2. each State shall recognize the right of local communities to be members of the Association on
protection and promotion of their common interests and members of the international
the Association of local communities.
3. under the conditions which may be laid down by law, are local
the Community shall be entitled to cooperate with their counterparts in other
States.
Article 11
The legal protection of local self-government
In order to ensure the free exercise of their powers and compliance with
local government policy as enshrined in the Constitution or in national
legislation to local communities the right to complain to the courts.
PART II
MISCELLANEOUS PROVISIONS
Article 12
Commitments
1. each party hereby declares, that he feels bound by at least twenty paragraphs
Part I of this Charter, of which at least 10 must be selected from the
the following paragraphs:
-Article 2,
-Article 3, paragraph 3. 1 and 2,
-Article 4, paragraph 2. 1, 2, and 4,
-Article 5,
-Article 7 (2). 1,
-Article 8, paragraph 1. 2,
-Article 9, paragraph 1. 1, 2 and 3,
-Article 10, paragraph 1. 1,
-Article 11.
2. each Contracting State may, when depositing its instrument of ratification,
acceptance or approval shall notify the Secretary-General of the Council of Europe
paragraphs selected in accordance with the provisions of paragraph 1 of this article.
3. either party may at any time to the Secretary General
announce that feel themselves to be bound by any paragraph of this Charter, which
in accordance with the provisions of paragraph 1 of this article still has not accepted. Such
subsequent statements will be regarded as an integral part of the ratification,
acceptance or approval of the party making this announcement, and this effect will be
have starting with the first day of the month following after the expiration of three months
from the date on which the Secretary General has received the notification.
Article 13
The community, to which the Charter applies
The principles of local self-government contained in this Charter apply to all
kinds of local community on the territory of the party, there are. Each
However, the party may, when depositing its instrument of ratification, of the instrument of
acceptance or approval, specify which kinds of local or
regional authorities intends to limit the scope of the Charter or of which it intends to
the scope of the cut. It may also other kinds of local or
regional authorities subsequent notification to the Secretary-General of the Council
Europe in the scope of the Charter to include.
Article 14
The provision of information
Each Party shall provide to the Secretary-General of the Council of Europe all
important information on the legal provisions and other measures
It has adopted to meet the requirements of this Charter.
PART III
Article 15
Signature, ratification and entry into force
1. this Charter is open for signature by the Member States of the Council of Europe.
Shall be subject to ratification, acceptance or approval. Instruments of ratification,
ratification, acceptance or approval shall be deposited with the Secretary-General of the
The Council Of Europe.
2. this Charter shall enter into force on the first day of the month following the
expiration of three months from the date on which four Member States of the Council of Europe
expressed in accordance with the provisions of the preceding paragraph as your consent to
be bound by the Charter.
3. In relation to any Member State that agree
It is bound to be expressed subsequently, will enter into force on the first day of the Charter
the month following the expiration of three months from the date of deposit of instrument of ratification
the instrument, the instrument of acceptance or approval.
Article 16
The territorial clause
1. any State may, when signing or when depositing its instrument of ratification
of the Charter, the instruments of acceptance, approval or accession, specifically mark
one or more of the territories to which the Charter will apply.
2. any State may, by a declaration addressed to the Secretary-General
The Council of Europe at any time to extend the application of the Charter to any
other territory specifically identified in this statement. In relation to such
the entry into force of the Charter of the territory on the first day of the month following the
expiration of three months from the date of such declaration by the Secretary General
He received.
3. any declaration made under the two preceding paragraphs may be
in respect of any territory in this statement explicitly referred to
withdrawn the statement addressed to the Secretary-General. The withdrawal of the
shall take effect on the first day of the month following the expiration of six
months from the date on which the Secretary-General received this statement.
Article 17
Notice of termination
1. either party may denounce this Charter at any time after five
years from the date when her Charter came into force. The Secretary-General of the
The Council of Europe must be notified six months in advance. Such denunciation shall be
the validity of the Charter in relation to the other parties, if such
parties is not in any time of less than four.
2. either party may, in accordance with the provisions of the preceding paragraph
denounce any paragraph of part I of the Charter adopted, if this
the party remains bound by the number and type of paragraphs set out in article 12 of the
paragraph. 1. Any party which, as a result of the testimony of a paragraph
no longer meets the requirements of article 12 para. 1, will be considered
Sam denounced the Charter.
Article 18
The notification of the
The Secretary General of the Council of Europe shall notify the Member States of the Council of Europe
and) each signature;
(b)) the deposit of any instrument of ratification, acceptance or approval;
c) each date on which in accordance with article 15 of the Charter came into force;
(d)) of each notification received pursuant to the provisions of article 12, paragraph 1. 2 and 3;
e) each notification received under the provisions of article 13;
(f) any other document), notification or communication relating to this
The Charter.
In witness whereof the undersigned, having proper authorization to do so, this Charter
have signed.
Given in Strasbourg on 15 December. October 1985 in English and
French languages, both texts being equally authentic, in a single
copy to be deposited in the archives of the Council of Europe. General
Secretary-General of the Council of Europe shall transmit certified copies to each Member State of the Council of
Europe.
