The Adoption Of The European Charter Of Local Self-Government

Original Language Title: o přijetí Evropské charty místní samosprávy

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=47936&nr=181~2F1999~20Sb.&ft=txt

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.