Keywords foreign, INTERNATIONAL agreement, agreement MULTILATERAL, approval, European Charter for self-government local OBLIGATION, LEGAL basis, community local, power of INITIATIVE, PROTECTION, limit territorial, guarantee of the autonomy, STRUCTURE ADMINISTRATIVE, LOCAL ELECTORAL mandate, exercise, LIMITATION, control administrative, security, resource financial, law of COOPERATION, right of ASSOCIATION, right to use JURIDICTIONNEL JORF n ° 105 of May 5, 2007 page 7932 text no. 8 Decree No. 2007-679 of 3 May 2007 on the publication of the Charter of local self-government European adopted at Strasbourg on 15 October 1985 (1) NOR: MAEJ0751884D ELI: https://www.legifrance.gouv.fr/eli/decret/2007/5/3/MAEJ0751884D/jo/texte Alias: https://www.legifrance.gouv.fr/eli/decret/2007/5/3/2007-679/jo/texte the President of the Republic, on the report of the Prime Minister and the Minister of Foreign Affairs, having regard to articles 52 to 55 of the Constitution;
Pursuant to law No. 2006-823 of 10 July 2006 authorizing approval of the European Charter of local self-government, adopted in Strasbourg on 15 October 1985;
Having regard to Decree No. 53-192, 14 March 1953 as amended relating to the ratification and publication of international commitments entered into by France, enacts as follows: Article 1 the European Charter of local self-government, adopted in Strasbourg on October 15, 1985, will be published in the Official Journal of the French Republic.
Article 2 the Prime Minister and the Foreign Minister are responsible, each in relation to the implementation of this Decree, which shall be published in the Official Journal of the French Republic.
C H A R T E E U R O P É E N N E 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 a 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 I 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. it 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 a corresponding social cover.
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 shall undertake to consider themselves as bound by twenty at least one of the paragraphs of part I 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 7, paragraph 1;
-article 8, paragraph 2;
-article 9, paragraphs 1, 2 and 3;
-article 10, paragraph 1;
2 each Contracting State shall, 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 the provisions of paragraph 1 of this article.
3 any party may, at any subsequent time, notify the Secretary General that it consider itself as 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, of acceptance on 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 addressed 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 I 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, no longer complies with the provisions of article 12, paragraph 1, shall be considered as having also denounced the Charter itself.
Article 18 Notifications the Secretary General of 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.
French statements. the French Republic considers that the provisions of article 3, § 2, must be interpreted as reserving to the States the faculty to establish responsibility, before the legislative body of a territorial entity of the executive body which it has.
In accordance with article 12, paragraph 2, the French Republic considers itself bound by all the paragraphs in part I of the Charter, with the exception of paragraph 2 of article 7.
In accordance with article 13, the local and regional authorities to which the Charter applies are local authorities contained in articles 72, 73, 74 and title XIII of the Constitution or which are created on their basis. The French Republic considers accordingly that intermunicipal cooperation establishments, which are not of local authorities, are excluded from its scope.
Done at Paris, on 3 May 2007.
Jacques Chirac by the President of the Republic: the Prime Minister, Dominique de Villepin, Foreign Minister Philippe Douste - Blazy for the Government of the Republic of Austria: Hans G. Kasbee for the Government of Kingdom of Belgium: Jan R. Vanden Bloock for the Government of the Republic of Cyprus: for the Government of the Kingdom of Denmark: Erling V. Quaade for the Government of the French Republic : Henri Ourmet for the Government of the Federal Republic of Germany: Gunter Knackstedt Horst Waffenschmidt for the Government of the Hellenic Republic: Agamemnon Koutsogiorgas for the Government of the Icelandic Republic: for the Government of Ireland: for the Government of the Italian Republic: Oscar L. Scalfaro for the Government of the Principality of Liechtenstein: Nicholas of Liechtenstein for the Government of the Grand Duchy of Luxembourg : Jean Spautz for the Government of Malta: for the Government of the Kingdom of the Netherlands: the Government of the Kingdom of Norway: for the Government of the Portuguese Republic: João Pereira Bastos for the Government of the Kingdom of the Spain: Félix Pons Irazazábal for the Government of the Kingdom of Sweden: for the Government of the Swiss Confederation: for the Government of the Republic of Turkey : For the Government of the United Kingdom of Great Britain and Northern Ireland: certified copies to the single original in the English and French languages, deposited in the archives of the Council of Europe.
Strasbourg, 4 November 1985.
The Director of Legal Affairs of the Council of Europe, Erik Harremoes