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On 15 October 1985, The European Charter Of Local Self-Government

Original Language Title: Par 1985.gada 15.oktobra Eiropas vietējo pašvaldību hartu

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The Saeima has adopted and the President promulgated the following laws: On 15 October 1985, the European Charter of local self-government, article 1. 1985 October 15 Strasbourg signed the European Charter on local self-government (hereinafter the Charter) this law is approved and accepted.
  2. article. 1. In accordance with the Charter and article 12 of the Republic of Latvia undertakes to consider it binding for the following Charter articles of the first subparagraph and points: — article 2;
— Article 3 1 and 2;
— Article 4;
— Article 5;
– Article 6, paragraph 1;
— Article 7(1) and (3);
— Article 8 1, 2, and 3;
— Article 9 1, 2, 3, 5, 6, and 7;
— Article 10;
-Article 11.
  3. article. The law shall enter into force on the date of its promulgation. To put the Charter by law Latvian and English.
  4. article. The Ministry of Foreign Affairs on the basis of this law and in accordance with article 15 of the Charter to draw up a document for approval and acceptance, and forward it to the Secretary General of the Council of Europe.
  5. article. Entry into force of the Charter article 15 within the time and in order.
The law adopted in 1996 by the Saeima on 22 February.
The President g. Ulmanis in Riga on 28 February 1996, the European Council, no. 122 European Charter of local self-government, Strasbourg 15 X 1985 preamble the Member States of the Council of Europe which have signed the Charter, considering that the aim of the Council of Europe is to achieve greater unity between its members for the common ideal and principle legacy in the protection and implementation;
considering that one of the methods of achieving this is the conclusion of the agreement in the area of governance;
considering that one of every democratic system the main foundations are local;
considering that the rights of citizens to participate in public affairs management belong to the democratic principles that are common to all the Member States of the Council of Europe;
convinced that this right can be realized most directly at the local level;
convinced that the real responsibility endowed local authorities can ensure the existence of governance that is both effective and closer to the citizens;
realizing that local governments and strengthening protection in different European countries is an important contribution to the building of Europe based on democracy and the principles of decentralisation;
claiming that it is associated with the local authorities, which is democratically created in decision-making bodies (organs) and who are invested with broad autonomy with respect to their duties, as well as the ways and means by which they are implemented, and for the resources needed to implement, agreed as follows: article 1 the Parties shall be considered binding in subsequent articles in this Charter in accordance with the procedure laid down in article 12 and volume.
Part I, article 2 of the local Government of the constitutional and legal basis (1) the principle of local self-government must be recognized in national legislation and, where possible, in the Constitution.
 
Article 3 the local government concept (1) local means local rights and ability within the limits laid down in the law, to regulate and manage a substantial share of public affairs under his own responsibility and in the interests of the local population.
(2) the Council shall exercise these rights or where the meeting of the representatives of the members shall be elected by secret ballot freely vote to equal, direct and universal suffrage; they may be subject to the executive body. This principle does not in any way affect the right to use the referendum to a meeting of the citizens, or any other form of direct participation of citizens that the law allows.
 
Article 4 local government jurisdiction (1) the local powers and responsibilities from the Constitution or the law. However, this provision shall not preclude the grant local authorities the powers and obligations for specific purposes in accordance with the law.
(2) the local statutory limits are fully entitled to exercise their initiative in any matter that is not excluded from their competence or asked to make another power.
(3) based on the State the obligation to exercise it may possible that is closest to the citizens. Asking any obligation to the other can, take into account the extent and nature of the task, as well as the conditions of efficiency and economy.
(4) the local authorities the powers usually have complete and exclusive. The other, the central or regional power, may not be challenged or limit, except where provided for by law.
(5) in cases where central or regional power delegated his powers to the local authorities, they shall as far as possible, the exercise of these powers should be allowed freely to adapt to local conditions.
(6) in the planning and decision-making process on issues of direct relevance to local, need to consult with them, as far as possible in a timely and appropriate manner.
 
Article 5 local area border protection (1) the territory of the local government boundary changes are not allowed to do so without prior consultation with the relevant local authorities, with the help of the referendum which it is legally allowed.
 
Article 6 governance structure and compliance with local tasks (1) without prejudice to the rules laid down in the General provisions, local authorities are allowed to set their own internal governance structures to adapt them to local needs and ensure effective administration.
(2) local government employees ' conditions of service should be such as to permit qualified staff recruitment based on merit and competence; to this end, it is necessary to ensure the appropriate training and pay, conditions and career opportunities.
 
Article 7 local duties (1) the local elected representatives working conditions must ensure freedom to exercise their functions.
(2) conditions of work must provide appropriate financial compensation for expenses incurred in the performance of the relevant post, which may also be offset against the income or wage loss; as well as ensuring adequate social protection.
(3) any function and activity which is incompatible with the status of local elected officials, are determined by the law or framework law.
 
Article 8 administrative supervision over local authorities ' action (1) any administrative oversight of local operations may be carried out only in accordance with the procedures and in the cases laid down in the Constitution or by law.

(2) any administrative supervision over local authorities ' action is usually directed to ensure compliance with the law and constitutional principles. But administrative supervision may be to realize a higher level may, in relation to their tasks, which have been delegated to local authorities.
(3) administrative supervision over local authorities is realized in such a way as to ensure that the controlling power is proportional to the importance of the interests that are supposed to protect.
 
Article 9 local financial resources (1) local authorities within the framework of national economic policy is entitled to sufficient own financial resources, of which they may dispose freely within their competence.
(2) local financial resources must be proportional to the responsibilities that these may have a certain Constitution and by law.
(3) at least part of the local financial resources must come from local taxes and fees, the rates of which they are entitled to determine, within the limits provided for in the law.
(4) financial systems, which is based in the instruments available to local authorities, must be sufficiently diversified and flexible, so that they practically give the possibility to follow the executable task cost true development.
(5) the financially weaker local protection can call the need to implement a financial equalisation procedures or equivalent arrangements that are designed to repair the local potential sources of funding and the financial burden imposed on the uneven distribution of the consequences. Such procedures or measures cannot restrict the freedom of action of the local authorities of their responsibilities.
(6) by local authorities must be consulted in an appropriate manner for which they have a method of granting the funds reallocated.
(7) grants, which are granted to local authorities, may not provide the specific project financing. Grant award can not restrict the local main freedom — to designate the financial policy within their competence.
(8) in order to be able to make loans to finance capital investment, local authorities statutory limits must be available in the national capital market.
 
Article 10 local authorities the right to join (1) in exercising its powers, the local authorities have the right to work and the limits set out in the law to build consortia with other local authorities with the aim of implementing the tasks for which they have a common interest.
(2) each State must recognize the rights of local authorities to join together to defend the common interest and development and join the international local government associations.
(3) local authorities are entitled to cooperate with similar authorities in other countries, subject to conditions to be set by law.
 
Article 11 legal protection of local self-government (1) local authorities have the right to apply to the courts to ensure their competence and the free State Constitution and legislation the principles of local authorities.
Part III miscellaneous provisions article 12 obligation (1) each party undertakes to consider it binding on at least 20 of part I of the Charter, and at least 10 points must be chosen from the following points: — article 2, — article 3 paragraphs 1 and 2, article 4 1, 2 and 4, article 5, article 7, paragraph 1, article 8, paragraph 2, article 9, paragraph 2 and 3. -Article 10, paragraph 1, article 11.
(2) each Contracting State, the ratification document of the article or the adoption or acceptance of the Charter, shall notify the Secretary-General of the Council of Europe, which points to its chosen in accordance with the first paragraph of this article.
(3) at any time in the future, each party may notify the Secretary-General that it considers relevant to any point of the Charter that it had not acted in accordance with the first paragraph of this article. Such subsequent commitments are considered the adoption of the instruments of ratification or acceptance shall be an integral part for a party that for them, and shall enter into force on the first day of the month following the expiry of a period of three months, from the date on which the Secretary-General received the notification.
 
Article 13 can be covered by the Charter (1) contained in this Charter on local self-government principles apply to all the territories of the Contracting States to the existing local categories. However, each of the parties, the ratification document of the article or for the adoption of a Charter or acceptance, you can specify to which local or regional categories, this Charter is applied, or which categories are excluded from its scope. You can also later be extended party Charter operations to other local or regional categories, by notifying the Secretary-General of the Council of Europe.
 
Article 14 information (1) each Party shall provide all relevant information to the Secretary-General on legislative provisions and other measures taken to ensure compliance with this Charter.
Part III article 15 signature, ratification and entry into force (1) this Charter allowed to sign the Council of Europe Member States. The Charter shall be subject to ratification, acceptance or acceptance. Ratification of articles or documents for adoption or acceptance of the Charter to be submitted to the Secretary-General of the Council of Europe.
(2) this Charter shall enter into force three months from the date of this article, in accordance with the provisions of the previous paragraph, the four Member States of the Council of Europe have expressed their consent to be bound by the Charter, namely the three months following the first date of the month.
(3) in respect of any Member State of the Council of Europe, which later expressed its consent to be bound by the Charter, the Charter shall enter into force three months from the date of this country made the ratification document of the article or the adoption or acceptance of the Charter, in particular the three months following the first date of the month.
 
Article 16 territorial clause (1) each State signing or ratification of the Charter article or document on the adoption of the Charter, acceptance or accession, may specify the territory or territories to which the Charter applies.
(2) each country may at any time with the Council of Europe a declaration addressed to the Secretary General to expand the activities of this Charter to any other territory specified in the Declaration. With regard to this territory, the Charter shall enter into force three months from the date on which the Declaration is received by the Secretary-General, namely the three months following the first date of the month.

(3) each declaration made in accordance with the two preceding paragraphs may, in respect of any territory specified in the Declaration, may be withdrawn by a notification addressed to the Secretary General.
 
Article 17 denunciation (1) each Contracting Party has the right to denounce this Charter at any time after the expiry of a period of five years, from the date of its entry into force in respect of a given country. The denunciation to the Secretary-General of the Council of Europe to inform six months earlier. Such denunciation shall not affect the validity of the Charter in relation to the other Contracting Parties, provided that their number will never be less than four such parties.
(2) in accordance with the provisions of the preceding paragraph, each country may denounce any before the agreed point of part I, provided that a party shall continue to be considered as binding article 12 first paragraph down the number and type of point. Will be considered that any party that denounced some of the points and therefore no longer corresponds to the first paragraph of article 12, it is denounced in general Charter.
 
Article 18 (1) notification to the Secretary-General of the Council of Europe shall notify the Member States of the Council of Europe of: a any signature;)
b) each document that is submitted for ratification, acceptance or approval;
c) each when this Charter shall enter into force in accordance with article 15;
d) each notification received under article 12 and paragraph 3;
e) each notification received provisions of article 13;
(f)) any other Act, notification or correspondence relating to this Charter.
Confirming the above Charter signed by persons authorized to provide such signature.
Signed in Strasbourg on 15 October 1985. day of the English and French languages, both texts being equally authentic, in a single copy, which will be presented to the European Council for storing archives. The Secretary-General of the Council of Europe shall transmit certified copies to each Member State of the Council of Europe.


Text of the European Charter of Local Self-Government preamble the member States of the Council of Europe, signatory of the heret, Considering that the aim of the Council of Europe is to achieve a greater unity between its members for the purpose of safeguarding and realizing the ideals and principles which are their common heritage;
Considering that one of the methods by which this aim is to be achieved is through agreements in the administrative field;
Considering that the local authorities with one of the main foundations of any democratic regime;
Considering that the right of citizens to participat in the conduct of public affairs is one of the democratic principles that are shared by all member States of the Council of Europe;
Convinced that it is at local level that this right can be most directly exercised;
Convinced that the existenc of local authorities with real responsibilities can provide an administration which is both effective and close to the citizen;
Aware that the safeguarding of local self-reinforcemen and the Government in the different European countries is an important contribution to the construction of a Europe based on the principles of democracy and the decentralization of power;
Asserting that this will entail the existenc of local authorities endowed with democratically constituted decision — making the bodies and possessing a wide degree of autonomy with regards to their responsibilities, the ways and means by which those responsibilities are exercised and the resources required for their fulfillment, have agreed as follows: article 1 the parties to consider themselves bound undertak by the following articles in the manner and to the exten to prescribed in article 12 of the Charter On the article I 2
Constitutional and legal foundation for local self-government the principle of local self-government shall be recognized in the domestic legislation, and, where practicabl, in the constitution.
Article 3 the concept of local self-government and Local self-government 1 denot the right and ability of local authorities, within the limits of the law, the regulat and manage a substantial proportion of public affairs under their own responsibility and in the interests of the local population.
2. This right shall be exercised by council or assemblies composed of members freely elected by secret ballot on the basis of equal, direct, universal suffrage, and which may posses executive organs responsible to them. This provision shall in no way be affec recourses to assemblies of citizens, or any other form of referendum direct citizen participation where it is permitted by statute.
Article 4 scope of local self-government 1. The basic powers and responsibilities of local authorities shall be prescribed by the constitution or by statute. However, this provision shall not prevent the attribution to local authorities of the power and responsibilities for specific purpose in accordanc with the law.
2. the Local authorities shall, within the limits of the law, have full discretion to exercise their initiative with regards to any matter which is not excluded from their competence nor assigned to any other authority.
3. Public responsibilities shall generally be exercised, in preference, by those authorities which are closes to the citizen. Allocation of responsibility to another authority should weight up the exten and nature of the tasks and requirements of efficiency and economy.
4. the powers given to local authorities shall normally be full and exclusive. They may not be undermined or limited by another, central or regional, authority except as provided for by the under the law.
5. Where power is delegated to them by the central or regional authority, the local authorities shall, insofar as possible, be allowed discretion in adapting their exercise of their local conditions.
6. the Local authorities shall be consulted, insofar as possible, in due time and in an appropriate way in the planning and decision-making processes for all matters which concern them directly.
Article 5 Protection of local authority boundaries changes in local authority boundaries shall not be made without prior consultation of the local communities concerned, possible by means of a referendum of where this is permitted by statute.
Article 6 appropriate administrative structures and resources for the task of local authorities 1. Without prejudice to their more general statutory provision, the local authorities shall be able to determin is their own internal administrative structures in order to get them to their local adap needs and effective management of ensur.
2. The conditions of service of local government employees shall be such as to permit the recruitment of high-quality staff on the basis of merit and competence; and to this end adequat training opportunities, remuneration and career prospects shall be provided.
Article 7 conditions under which responsibilities at local level are exercised

1. The conditions of Office of local elected representatives shall provide for the free exercise of their functions.
2. They shall allow for appropriate financial compensation for the expense incurred in the exercise of the Office in question as well as, where appropriate, compensation for loss of earnings or remuneration for work done and òàæó social welfare protection.
3. Any functions and activities which are deemed incompatibl with the holdings of the local office shall be electiv determined by statute or fundamental legal principles.
Article 8 administrative supervision of local authorities ' activities 1. Any administrative supervision of local authorities may only be exercised according to such procedures and in such cases as are provided for by the constitution or a statute.
2. Any administrative supervision of the activities of the local authorities shall normally aim only at ensuring compliance with the law and with constitutional principles. Administrative supervision may however be exercised with regards to expediency by higher-level authorities in respect of the execution of the task, which is delegated to the local authorities.
3. the administrative supervision of local authorities shall be exercised in such a way as to ensur that the intervention of the controlling authority is kep in proportion to the importanc of the interests which it is intended to protect.
Article 9 Financial resources of local authorities Local authorities shall be 1 entitled, within national economic policy, their adequat financial resources of their own, of which they may freely within the framework of the dispos of their power.
2. Local authorities ' financial resources shall be commensurat with the responsibilities provided for by the constitution and the law.
3. Part at least of the financial resources of local authorities shall deriv from local taxes and charges of which, within the limits of the Statute, they have the power to determin the rate.
4. The financial systems on which resources available to local authorities to be of a sufficiently IR based diversified and buoyan the nature to enable them to keep pace as far as practicably possible with the real evolution of the cost of carrying out their tasks.
5. The protection of financially weaker local authorities call for the institution of financial equalization procedures or equivalent measure of which are designed to correct the effects of the unequal distribution of potential sources of finance and of the financial burden they must support. Such procedure shall not diminish or measure of the discretion local authorities may exercise within their own sphere of responsibility.
6. the Local authorities shall be consulted in an appropriate manner, on the way in which redistributed resources to be allocated to them them.
7. As far as possible, the local authorities grant shall not be funded for the financing of specific projects. The provision of grants shall not remove the basic freedom of local authorities to exercise policy discretion within their own jurisdiction.
8. For the purpose of borrowing for capital investment, local authorities shall have access to the national capital market within the limits of the law.
Article 10 Local authorities ' right to associate 1. Local authorities shall be entitled, in exercising their powers, to cooperate and, within the framework of the law, their form with other local authorities consorti in order to carry out tasks of common interest.
2. The entitlement of local authorities to belong to an association for the protection and promotion of their common interests and to belong to an international association of local authorities shall be recognized in each State.
3. the Local authorities shall be entitled, under such conditions as may be provided for by the law, to cooperate with their counterpart in the other States.
Article 11 Legal protection of local self-government Local authorities shall have the right to a judicial remedy of recourses in order to secure the free exercise of their powers and respect for such principles of local self-government as the constitution or enshrined in the domestic legislation.
Part II article 12 1. Each Undertaking Party to consider itself bound by undertak at least twenty paragraphs of part I of the Charter, at least ten of which shall be selected from among the following paragraph: — article 2, article 3, paragraphs 1 and 2, article 4, paragraphs 1.2 and 4 of article 5, —, — article 7, paragraph 1, article 8, paragraph 2 — Article 9, paragraphs 1.2 and 3, article 10, paragraph 1, article 11 Each Contracting State 2, when depositing its instrument of ratification, acceptance or approval, shall notify the Secretary General of the Council of Europe of the paragraphs selected in accordanc with the provision of paragraph 1 of this article.
3. Any Party may, at any later time, notify the Secretary General that it it will consider itself bound by any paragraph of this Charter which it has not already accepted under the terms of paragraph 1 of this article. Such an undertaking shall be deemed to be subsequently given an integral part of the ratification, acceptance or approval of the Party so notifying, and shall have the same effect as from the first day of the month following the expiration of a period of three months after the date of the receipt of the notification by the Secretary General.
Article 13 authorities to which the Charter applies the principles of local self-government led in the present Charter apply to all the categories of local authorities existing within the territory of the Party. However, each Party may, when depositing its instrument of ratification, acceptance or approval, specify the categories of local or regional authorities to which it intends to Puccini the scope of the Charter or which it intends to exclude from its scope. It may also include further categories of local or regional authorities within the scope of the Charter by subsequent notification to the Secretary General of the Council of Europe.
Article 14 Provision of information Each Party shall forward to the Secretary General of the Council of Europe, all relevant information concerning legislative provision and others measure taken by it for the purpose of the complying with the terms of this Charter.
Part II article 15 signature, ratification and entry into force 1 this Charter shall be open for signature by the member States of the Council of Europe. It is subject to ratification, acceptance or approval. The instrument of ratification, acceptance or approval shall 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 accordanc with the provision of the preceding paragraph.

3. In respect of any member State which subsequently express their consent to it be bound by it, 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 when depositing its instrument of ratification, acceptance, approval or accession, specify the territory or territories to which this Charter shall apply.
2. Any State may at any later date, 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. In respect of such territory 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 receipt of such declaration by the Secretary General.
3. Any declaration made under the two preceding paragraphs may, in respect of any territory specified in such declaration, be withdrawn by a notification addressed to the Secretary General. The withdrawals shall become effective on the first day of the month following the expiration of a period of six months after the date of receipt of such notification by the Secretary General.
Article 17 Denunciation 1 Any Party may denounc this Charter at any time after the expiration of a period of five years from the date on which the Charter entered into force for it shall be. Six monthsķ notice given to the Secretary General of the Council of Europe. Such denunciation shall not be affec the validity of the Charter in respect of the other parties provided that at all times there are not less than four such parties.
2. Any Party may, in accordanc with the provision set out in the preceding paragraph, any paragraph of On the denounc I of the Charter accepted by it provided that the Party remains bound by the number and type of paragraphs stipulated in article 12, paragraph 1. Any Party which, upon denouncing a paragraph, no longer meets the requirements of article 12 paragraph 1, shall be considered, as also having denounced the Charter itself.
Article 18 notifications the Secretary General of the Council of Europe shall notify the member States of the Council of Europe of: a any signature;)
(b)) the deposit of any instrument of ratification, acceptance or approval;
(c) any date of entry) into the force of this Charter in accordanc with article 15;
d any notification received in application) of the provision of article 12, paragraphs 2 and 3;
e any notification received in application) of the provision of article 13;
f any other Act, notification) or communication relating to this Charter.
In witness whereof the undersigned, being duly authorized, have signed the theret this Charter.
Done at Strasbourg, this 15th day of October, 1985 in English and French, 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 shall transmit certified cop to each member State of the Council of Europe.
(The remaining paragraphs 2 and 3 and Article 13 of the 18 deals with procedural matters.)
States which have signed the Charter Austria Belgium Bulgaria Cyprus Denmark Estonia Finland France Germany Greece Hungary Iceland Italy Liechtenstein Luxembourg Malta Norway Poland Netherlands Portugal Slovenia Spain Sweden Turkey