Rs 0.102 European Charter Of Local Self-Government Of 15 October 1985

Original Language Title: RS 0.102 Charte européenne de l’autonomie locale du 15 octobre 1985

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0.102 text original Charter European local self-government signed on October 15, 1985 in Strasbourg approved by the Federal Assembly on December 15, 2004 Instrument of ratification deposited by Switzerland on 17 February 2005 entry into force for the Switzerland on 1 June 2005 (State April 10, 2013) preamble the Member States of the Council of Europe, signatories of this Charter considering that the aim of the Council of Europe is to achieve 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 communities with actual responsibilities allows an 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 implies the existence of local communities with democratically constituted decision-making bodies and enjoying a broad autonomy as to skills, how to exercise them and the means necessary to accomplish their mission, have agreed to the following: art. 1. the Parties undertake to consider themselves as related by the following items in the manner and to the extent prescribed by art. 12 of the Charter.

Part I art. 2 Foundation constitutional and legal local autonomy the principle of local self-government must be recognized in the domestic legislation and, as far as possible, in the Constitution.

Art. 3 concept of local self-government 1. Local self-government is the right and the ability for local authorities to set and manage, within the law and under their own responsibility, 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 that can have responsible executive bodies in front of them. This provision does not prejudice the recourse to assemblies of citizens, the referendum or any other form of direct participation of citizens there or it is permitted by law.

Art. 4 scope of local self-government 1. The basic skills of local communities are fixed by the Constitution or by law. However, this provision does not preclude the allocation to local skills for specific purposes, in accordance with the law.
2. the local authorities under the Act, discretion 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, in General, rest, preferably with the authorities closest to the citizens. The assignment of a responsibility to another authority must take into account the magnitude and nature of the task and the requirements of efficiency and economy.
4. the powers given to local authorities shall normally be full and entire. They cannot be questioned or limited by another authority, Central or regional, as part of the law.
5. in case of delegation of powers by a central or regional government, the local authorities must enjoy, as far as possible, the freedom to adapt their practice to local conditions.
6. local communities must be consulted as much as possible, timely and appropriately, during the process of planning and decision-making for all issues that directly affect them.

Art. 5 protection of the boundaries of local communities for any changes in local boundaries, local communities concerned must be consulted beforehand, possibly in a referendum where the law allows.

Art. 6 adequacy of structures and administrative resources to the missions of local 1. Without prejudice to more general provisions created by the law, local authorities must be able to define their own internal administrative structures which they intend to develop, to adapt them to their specific needs and to allow for effective management.
2. the status of personnel of local authorities must allow a recruitment of quality, founded on the principles of merit and competence; to this end, adequate conditions of training, remuneration and career prospects.

Art. 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 by the exercise of the mandate as well as, as appropriate, financial compensation of lost earnings or remuneration of the work and a corresponding social cover.
3. the functions and activities that are incompatible with the mandate of local elected official can be fixed only by law or fundamental legal principles.

Art. 8 administrative control of the acts of local authorities 1. All administrative control over local communities cannot be exercised only 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 should normally only be to ensure the respect of legality and constitutional principles. Administrative control can, however, understand the opportunity control exercised by authorities at a higher level regarding the task whose execution is delegated to local authorities.
3. the administrative supervision 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 it wants to preserve.

Art. 9. the financial resources of local authorities 1. Local authorities 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 should 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 from fees and local taxes which they have the power to set the rate, within the limits of the law.
4. the financial systems that rely on the resources of local communities must be sufficiently diversified and scalable 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 protection of financially weaker local authorities called the implementation of procedures of financial equalization or equivalent measures to correct the effects of the unequal distribution of the potential sources of financing and expenses that their responsibilities. Such procedures or measures must not reduce the freedom of local option in their own area 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 for the funding of specific projects. Subsidies should not undermine the fundamental freedom of local politics in their own area of expertise.
8. in order to finance their investment spending, the local authorities shall have access, in accordance with the law, the national capital market.

Art. 10. the right of association of local communities 1. Local authorities have the right, in the exercise of their skills, to cooperate and, under the law, to join with other local authorities to carry out 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 can, in conditions possibly provided by the law, cooperate with the authorities of other States.

Art. 11 legal protection of local self-government local communities must have a right of appeal in order to ensure the free exercise of their skills and respect for the principles of local self-government that are enshrined in the Constitution or domestic law.

Part II provisions various art. 12 commitments


1 each party undertakes to consider themselves as bound by twenty at least of the paragraphs of part I of the Charter which at least ten are chosen from among the following:-art. 2-art. 3, by. 1 and 2,-art. 4, by. 1, 2, and 4-art. 5,-art. 7, by. 1-art. 8, by. 2-art. 9, by. 1, 2, and 3,-art. 10, by. 1-art. 11 2. Each Contracting State, 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 provision of the by. 1 of the present article.
3 any party may, at any subsequent time, notify the Secretary General that it considers itself as bound by any other paragraph of this Charter, that it had not yet accepted in accordance with the provisions of the by. 1 of the present 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.

Art. 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 in the territory of the party. However, each party may, at the time of the deposit of its instrument of ratification, acceptance or approval, designate categories of local or regional authorities that it intends to limit the scope or intends to exclude from the scope of the present Charter. It may also include other categories of local or regional authorities within the scope of the Charter by subsequent notification to the Secretary General of the Council of Europe.

Art. 14 provision of information each Party shall forward to the Secretary General of the Council of Europe any information relevant to the legislative and other provisions measures it has taken to comply with the terms of this Charter.

Part III art. 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. The instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.
2. this Charter will take effect 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 will be effective 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.

Art. 16 territorial clause 1. Any State may, time of signature or of the deposit of 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 the Charter to any other jurisdiction designated in the statement. 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, with respect to any territory referred to in this declaration by notification to the Secretary General. The withdrawal will take effect 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.

Art. 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 in respect to. A six month notice period 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 these is never less than four.
2 any party may, in accordance with the provisions set forth in the preceding paragraph, denounce any paragraph of part I of the Charter that she agreed, provided that the number and category of the paragraphs to which that party is required continue to meet the provisions of art. 12, by. 1. any party who, as a result of the denunciation of a paragraph, does more conform to the provisions of art. 12, by. 1, will be considered as having also denounced the Charter itself.

Art. 18 notifications the Secretary General of the Council of Europe shall notify the Member States of the Council: a. 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 his art. 15; (d) any notification received in application of the provisions of art. 12, by. 2 and 3; e. any notification received in application of the provisions of art. 13; f. any other Act, notification or communication relating to this Charter.

In faith of what, the undersigned, duly authorized to that effect, 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 will be communicated certified copy to each of the Member States of the Council of Europe.
(Follow signatures)

Scope on 10 April 2013 States parties Ratification entry into force Albania April 4, 2000 1 August 2000 Germany * 17 May 1988 1 September 1988 Andorra * March 23, 2011 July 1, 2011 Armenia * January 25, 2002 1 May 2002 Austria * September 23, 1987 1 September 1988 Azerbaijan * April 15, 2002 August 1, 2002 Belgium * August 25, 2004 December 1, 2004 Bosnia and Herzegovina 12 July 2002 November 1, 2002 Bulgaria * 10 May 1995 1 September 1995 Cyprus * may 16

1988 September 1, 1988 Croatia * October 11, 1997 1 February 1998 Denmark * February 3, 1988 1 September 1988 Spain * November 8, 1988 1 March 1989 Estonia * December 16, 1994 April 1, 1995 Finland June 3, 1991 1 October 1991 France * January 17, 2007 may 1, 2007 Georgia * December 8, 2004 1 April 2005 Greece * September 6, 1989 1 January 1990 Hungary 21 March 1994 1 July 1994 Ireland * may 14, 2002 September 1, 2002 Iceland 25 March 1991 1 July

1991 Italy * may 11, 1990 1 September 1990 Latvia * December 5, 1996 April 1, 1997 Liechtenstein * may 11, 1988 September 1, 1988 Lithuania 22 June 1999 October 1, 1999 Luxembourg may 15, 1987 September 1, 1988 Macedonia 6 June 1997 1 October 1997 Malta * September 6, 1993 1 January 1994 Moldova 2 October 1997 February 1, 1998 Monaco * January 10, 2013 may 1, 2013 Montenegro 12 September 2008 1 January 2009 Norway 26 May 1989 September 1, 1989 Netherlands * 20 March 1991 1 July 1991 Poland 22 November 1993 1 March 1994 Portugal 18 December 1990 1 April 1991 Czech Republic * may 7, 1999 September 1, 1999 Romania * January 28, 1998 1 May 1998 United Kingdom * April 24, 1998 August 1, 1998 Russia may 5, 1998 September 1, 1998 Serbia * September 6, 2007 January 1, 2008 Slovakia * February 1, 2000 June 1, 2000 Slovenia * November 15, 1996 March 1, 1997 Sweden * August 29, 1989 1 December 1989 Switzerland * February 17, 2005

Turkey June 1, 2005 * December 9, 1992 1 April 1993 Ukraine September 11, 1997 January 1, 1998 * reservations and declarations. Reservations and declarations, with the exception of Switzerland, are not published to the RO. Texts in french and English can be found at the address of the Council of Europe website: http://conventions.coe.int or obtained in the Direction of public international law (FDFA), the international treaties Section, 3003 Bern.

The Charter does not apply to Greenland and the Faroe Islands.

For the Kingdom in Europe.

Statements Switzerland in accordance with art. 12, by. 2, of the European Charter of local self-government, the Switzerland declares that it undertakes to consider themselves as bound by the following provisions:-art. 2; - art. 3, by. 1 and 2; - art. 4, by. 1, 2, 3, 5 and 6; - art. 5; - art. 6, by. 1; - art. 7, by. 1 and 3; - art. 8, by. 1 and 3; - art. 9, by. 1, 2, 3, 4, 6 and 8; - art. 10, by. 1, 2 and 3; - art. 11. under the terms of his art. 13, the Charter applies in Switzerland to common policies (‹Einwohnergemeinde›/‹comuni politici›).

RO 2005 2393; FF 2004 71 2005 2391 2005 2393, 2010 709, 2013 1231 RO RO. A version of the update scope is published on the web site of the FDFA (www.dfae.admin.ch/traites).
Art. 1 al. 2 FY Dec. 15. 2004 (RO 2005 2391).

State April 10, 2013

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