Key Benefits:
Original text
(State on 10 April 2013)
Preamble
The member states of the Council of Europe, signatories to this Charter,
Whereas the aim of the Council of Europe is to achieve a closer union among its members in order to safeguard and promote the ideals and principles which are their common heritage;
Whereas one means by which this aim will be achieved is the conclusion of agreements in the administrative field;
Whereas local authorities are one of the main foundations of any democratic system;
Whereas the right of citizens to participate in the management of public affairs is one of the democratic principles common to all Council of Europe member states;
Convinced that it is at local level that this right can be exercised most directly;
Convinced that the existence of local authorities with effective responsibilities allows for an efficient and close administration of the citizen;
Aware that the defence and strengthening of local self-government in the different countries of Europe is an important contribution to the building of a Europe based on the principles of democracy and the decentralisation of the Power;
Affirming that this presupposes the existence of local authorities with democratically constituted decision-making bodies with a wide range of autonomy in terms of the powers, the procedures for exercising them and the means necessary to enable them to The accomplishment of their mission,
Agreed to the following:
The Parties undertake to consider themselves to be bound by the following articles in the manner and to the extent prescribed by Art. 12 of this Charter.
The principle of local self-government must be recognised in domestic legislation and, as far as possible, in the Constitution.
Local self-government refers to the right and effective capacity of local authorities to regulate and manage, within the framework of the law, under their own responsibility and for the benefit of their populations, an important part of the business Public.
2. This right is exercised by councils or assemblies composed of members elected by free, secret, egalitarian, direct and universal suffrage and may have responsible executive bodies in front of them. This provision shall not prejudice the use of citizens' meetings, referendum or any other form of direct participation by citizens where they are permitted by law.
1. The basic competences of local authorities are laid down in the Constitution or by law. However, this provision does not prevent the allocation of powers to local authorities for specific purposes, in accordance with the law.
2. Local authorities have, within the framework of the law, any freedom to exercise their initiative in any matter that is not excluded from their jurisdiction or assigned to another authority.
3. The exercise of public responsibilities should, in general, be the responsibility of the authorities closest to the citizens. The assignment of responsibility to another authority must take into account the scope and nature of the task and the requirements for efficiency and economy.
4. The competences entrusted to local authorities must normally be full and full. They may not be called into question or limited by any other authority, central or regional, than under the law.
5. In the case of delegation of powers by a central or regional authority, local authorities shall enjoy, as far as possible, the freedom to adapt their exercise to local conditions.
6. Local authorities should be consulted, as far as possible, in a timely and appropriate manner, during the planning and decision-making processes for all matters directly affecting them.
For any modification of the local territorial limits, the local authorities concerned must be consulted in advance, possibly by means of a referendum where the law permits.
1. Without prejudice to more general provisions created by the law, local authorities must be able to define themselves the internal administrative structures which they intend to acquire, with a view to adapting them to their specific needs and To allow for effective management.
2. The status of the staff of local authorities must allow for quality recruitment, based on the principles of merit and competence; to that end, it must establish adequate conditions for training, remuneration and prospects for Career.
The status of local elected representatives must ensure the free exercise of their mandate.
2. It shall permit adequate financial compensation for the costs incurred in the exercise of the mandate and, where appropriate, the financial compensation for lost earnings or remuneration for the work performed and a corresponding social cover.
3. Functions and activities incompatible with the mandate of local elected representatives may be fixed only by law or by fundamental legal principles.
1. Any administrative control over local authorities may be exercised only in the form and in the cases provided for in the Constitution or by law.
2. Any administrative control of the acts of the local authorities should normally be aimed only at ensuring respect for the rule of law and constitutional principles. Administrative control may, however, include control of the opportunity exercised by higher level authorities with regard to tasks delegated to local authorities.
3. The administrative control of local authorities must be exercised in accordance with a proportionality between the extent of the intervention of the supervisory authority and the importance of the interests which it intends to preserve.
Local authorities are entitled, within the framework of national economic policy, to sufficient own resources which they can freely dispose of in the exercise of their powers.
2. The financial resources of the local authorities must be proportionate to the powers provided for by the Constitution or the law.
3. At least some of the financial resources of the local authorities must come from local royalties and taxes for which they have the power to set the rate, within the limits of the law.
4. The financial systems on which the resources available to local authorities are based must be sufficiently diverse and scalable to enable them to follow, as far as possible in practice, real developments The costs of exercising their skills.
The protection of financially weaker local authorities calls for the establishment of financial equalization procedures or equivalent measures to correct the effects of the unequal distribution of potential sources of Funding, as well as the costs of financing them. Such procedures or measures should not reduce the freedom of choice of local authorities in their own area of responsibility.
6. Local authorities should be consulted, in an appropriate manner, on how the redistributed resources should be allocated to them.
7. As far as possible, grants to local authorities should not be earmarked for the financing of specific projects. The granting of subsidies must not undermine the fundamental freedom of the policy of local authorities in their own area of competence.
In order to finance their investment expenditure, local authorities must have access, in accordance with the law, to the national capital market.
1. Local authorities have the right, in the exercise of their powers, to cooperate and, within the framework of the law, to partner with other local authorities in carrying out tasks of common interest.
The right of local authorities to join an association for the protection and promotion of their common interests and the right to join an international association of local authorities must be recognised in each State.
3. Local authorities may, under conditions provided for by law, cooperate with the communities of other States.
Local authorities must have a right of judicial review in order to ensure the free exercise of their powers and respect for the principles of local self-government enshrined in the Constitution or internal legislation.
1. Any Party undertakes to consider itself bound by twenty at least of the paragraphs of Part I of the Charter of which at least ten are chosen from the following paragraphs:
(2) Each Contracting State shall, at the time of the deposit of its instrument of ratification, acceptance or approval, notify the Secretary General of the Council of Europe of the paragraphs chosen in accordance with the provision of subs. 1 of this article.
(3) Any Party may at any time notify the Secretary General that it considers itself bound by any other paragraph of this Charter, that it has not yet accepted in accordance with the provisions of subs. 1 of this article. Such subsequent commitments shall be deemed to be an integral part of the ratification, acceptance or approval of the Party making the notification and shall bear the same effects 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.
The principles of local self-government contained in this Charter shall apply to all categories of local authorities existing in the territory of the Party. However, each Party may, at the time of deposit of 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 this Charter. It may also include other categories of local or regional authorities within the scope of the Charter by means of subsequent notification to the Secretary General of the Council of Europe.
Each Party shall forward to the Secretary General of the Council of Europe any relevant information relating to the legislative provisions and other measures it has taken in order to comply with the terms of this Charter.
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. 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 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 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 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.
(1) Any State may, at the time of signature or at the time of deposit of its instrument of ratification, acceptance, approval or accession, designate the territory or territories to which this Charter will apply.
2. Any State may, at any other 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 designated in the declaration. The Charter shall enter into force in respect of that territory on 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 designated in that 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.
1. No 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 far as it is concerned. Six months' notice will be notified to the Secretary General of the Council of Europe. Such denunciation shall not affect the validity of the Charter vis-à-vis other Parties, provided that the number of such Parties 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 which it has accepted, provided that the number and category of paragraphs to which that Party is bound Remain in accordance with the provisions of s. 12, para. 1. Any Party which, following the denunciation of a paragraph, no longer complies with the provisions of Art. 12, para. 1, will be considered to have also denounced the Charter itself.
The Secretary General of the Council of Europe shall notify the member states of the Council:
In witness whereof, The undersigned, duly authorized to that effect, have signed this Charter.
Done at Strasbourg, on 15 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 copies to each member state of the Council of Europe.
(Suivent signatures)
States Parties |
Ratification |
Entry into force |
||
Albania |
April 4 |
2000 |
1 Er August |
2000 |
Germany * |
17 May |
1988 |
1 Er September |
1988 |
Andorra * |
23 March |
2011 |
1 Er July |
2011 |
Armenia * |
25 January |
2002 |
1 Er May |
2002 |
Austria * |
23 September |
1987 |
1 Er September |
1988 |
Azerbaijan * |
15 April |
2002 |
1 Er August |
2002 |
Belgium * |
August 25 |
2004 |
1 Er December |
2004 |
Bosnia and Herzegovina |
July 12 |
2002 |
1 Er November |
2002 |
Bulgaria * |
10 May |
1995 |
1 Er September |
1995 |
Cyprus * |
May 16 |
1988 |
1 Er September |
1988 |
Croatia * |
11 October |
1997 |
1 Er February |
1998 |
Denmark * A |
3 February |
1988 |
1 Er September |
1988 |
Spain * |
8 November |
1988 |
1 Er March |
1989 |
Estonia * |
16 December |
1994 |
1 Er April |
1995 |
Finland |
3 June |
1991 |
1 Er October |
1991 |
France * |
17 January |
2007 |
1 Er May |
2007 |
Georgia * |
8 December |
2004 |
1 Er April |
2005 |
Greece * |
September 6 |
1989 |
1 Er January |
1990 |
Hungary |
21 March |
1994 |
1 Er July |
1994 |
Ireland * |
14 May |
2002 |
1 Er September |
2002 |
Iceland |
25 March |
1991 |
1 Er July |
1991 |
Italy * |
11 May |
1990 |
1 Er September |
1990 |
Latvia * |
5 December |
1996 |
1 Er April |
1997 |
Liechtenstein * |
11 May |
1988 |
1 Er September |
1988 |
Lithuania |
22 June |
1999 |
1 Er October |
1999 |
Luxembourg |
15 May |
1987 |
1 Er September |
1988 |
Macedonia |
6 June |
1997 |
1 Er October |
1997 |
Malta * |
September 6 |
1993 |
1 Er January |
1994 |
Moldova |
2 October |
1997 |
1 Er February |
1998 |
Monaco * |
10 January |
2013 |
1 Er May |
2013 |
Montenegro |
12 September |
2008 |
1 Er January |
2009 |
Norway |
26 May |
1989 |
1 Er September |
1989 |
Netherlands * B |
20 March |
1991 |
1 Er July |
1991 |
Poland |
22 November |
1993 |
1 Er March |
1994 |
Portugal |
18 December |
1990 |
1 Er April |
1991 |
Czech Republic * |
7 May |
1999 |
1 Er September |
1999 |
Romania * |
28 January |
1998 |
1 Er May |
1998 |
United Kingdom * |
24 April |
1998 |
1 Er August |
1998 |
Russia |
5 May |
1998 |
1 Er September |
1998 |
Serbia * |
September 6 |
2007 |
1 Er January |
2008 |
Slovakia * |
1 Er February |
2000 |
1 Er June |
2000 |
Slovenia * |
15 November |
1996 |
1 Er March |
1997 |
Sweden * |
29 August |
1989 |
1 Er December |
1989 |
Switzerland * |
17 February |
2005 |
1 Er June |
2005 |
Turkey * |
9 December |
1992 |
1 Er April |
1993 |
Ukraine |
11 September |
1997 |
1 Er January |
1998 |
* |
Reservations and declarations. Reservations and declarations, with the exception of those of Switzerland, are not published in the RO. The texts in English and French can be found at the Council of Europe website: http://conventions.coe.int or obtained from the Directorate of Public International Law (DDIP), International Treaty Section, 3003 Berne. |
|||
A |
The Charter does not apply to Greenland and the Faroe Islands. |
|||
B |
For the Kingdom in Europe. |
Switzerland 3
In accordance with Art. 12, para. 2, of the European Charter of Local Self-Government, Switzerland declares that it undertakes to consider itself bound by the following provisions:
Under his art. 13, the Charter applies in Switzerland to political communes (<Einwohnergemeinde>/<comuni politician >).
1 RO 2005 2391
2 RO 2005 2393 , 2010 709, 2013 1231. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).
3 Art. 1 al. 2 of the AF of 15 Dec. 2004 ( RO 2005 2391 ).