Local government devolution process

The Committee of the Regions (CoR) of the European Union is an advisory body which ensures that local and regional authorities are represented at the heart of the EU. It publishes what are called "studies" in tabular format on the devolution process in the member states of the European Union. In September 2003 the CoR updated these studies to include information on the devolution process in the 10 new member states and the three candidate countries of Bulgaria, Romania and Turkey. These may be viewed in the website www.cor.eu.int, click on the English version/documents/ studies.

New editions to appear in the near future, according to CoR, will continue to take into account the upcoming political and institutional developments. It is also the intention of CoR to publish this year a translation of the studies into all languages of the enlarged Union in order to guarantee maximum coverage.

For Malta, the information as at September 2003 is as follows:

¤ A historical background listing 17 political milestones in chronological order starting with the signing of the Treaty of Paris in 1814 when Malta became a British Crown Colony and ending on April 16, 2003 with the signing of the accession treaty in Athens.

¤ Details also appear on the functions of Parliament, the President of the Republic, the executive power of government and the judicial power of the Constitutional Court.

¤ Information on the position of local and regional authorities in European integration and cross-border relations with the signing of the European Charter of Local Self-Government of the Council of Europe. The Charter was signed on July 13, 1993, ratified on September 6, 1993 with entry into force on January 1, 1994. On May 7, 1999 Malta also signed the European Outline Convention on Transfrontier Cooperation between Territorial Communities or Authorities of the Council of Europe. This convention has not yet been ratified.

¤ On a regional level, there is no system of self-government as the only element of self-government below the level of the republic itself is the system of local councils. The three regions, grouping 68 local councils, are purely administrative territorial entities grouping a number of local districts, namely Gozo region (14 local councils), Malta Majjistral region (29 local councils) and Malta Xlokk region (25 local councils).

¤ At local level the devolution process is featured 11 items. In my opinion there are some errors and omissions which need reviewing. I am, however, reproducing the details as published. On June 30, 1993 the publication of Act XV in 1993 (Chap. 363) established local councils. The Act is modelled on the European Charter of Local Self-Government. The study also lists separately the responsibilities of local councils devolved so far.

Publication of Act XII of 1995 amending the Commissioners for Justice Act: a local council can make bye-laws. This statement is incorrect as local councils could make bye-laws since January 1994 when Act XV came into force. Act XII of 1995 included only cosmetic amendments on the procedure to make bye-laws.

Publication of Act XIII on May 3, 1996, Private Guards and Local Wardens Act established that local councils may engage the services of licensed local wardens.

Act VIII of 1996 amended the Referenda Act. Citizens of a locality may demand a referendum in respect of bye-laws enacted by local councils.

Act XXI published on December 21, 1999 further amends the Local Councils Act. No further details are given presumably as the numerous amendments were mainly cosmetic except, perhaps, that consultations with local councils were made mandatory where applicable, and, for breaches of bye-laws, Commissioners for Justice were to preside in a local tribunal. Hamlets were also listed for particular treatment by councils.

Legal Notice 32 of 2000 sets up 10 local tribunals. Certain offences, mostly motor vehicle, were also delegated for enforcement at local level.

2000 - Local councils may collect government property rents.

Act XXVII of 2001, "Trade Licences Act" which devolved to local councils the right to issue permits/licenses for certain activities.

Act XIII published on April 24, 2001 adds a new chapter to the Constitution entrenching the system of local councils in Article 115A of the Constitution.

Legal Notice 119 of 2002 established the activities to be regulated by local councils as devolved to them by means of the Trade Licences Act.

2002 - Devolution of street lighting.

The items have to be concise to fit into the table, however, a more polished publication should be contemplated preferably in time for the Maltese translation. The CoR is welcoming suggestions and useful information from the competent authorities to be included in the next edition.