European charter for local self-government

The European Charter Of Local Self-Government is the first multilateral legal instrument to define and safeguard the principles of local autonomy.

It is an international convention requiring the European states that ratified it to comply with certain conditions, principles and practices. It was opened for signature in Strasbourg on October 15, 1985 and came into force on September 1, 1988 and lays down common European standards in order to protect and develop the rights and freedoms of local authorities.

Malta signed on July 13, 1993 after the publication of The Local Councils Act and ratified it on September 6, 1993. It entered into force on January 1, 1994 - a milestone in Maltese history.

The text can be viewed at www.justice.gov.mt/presskit/ European Charter of Local Self-Government. One can also enter the Council of Europe's website - http://conventions.coe.int/ , click on Treaties, Full List, No.122.

Here is a summary of the contents extracted from various publications of the Council of Europe.

The charter is made up of three parts with a preamble and 45 paragraphs spread over 18 articles.

Part one lists 30 paragraphs in articles 1 - 11. Articles 1 and 2 refer to an undertaking by member states of the Council of Europe to consider themselves bound by the charter and that the principle and powers of local self-government shall be recognised in domestic legislation and, where practicable, in the Constitution.

The concept of local self-government in article 3 denotes the right and the ability of local authorities to manage a substantial proportion of public affairs under their own responsibility, with the interests of the local population in mind. This right is exercised by democratically elected councils. There may also be executive bodies which are answerable to these councils.

In terms of article 4, local authorities must be able to act freely, within the limits of the law, on all matters which they are best placed to deal with because of their closeness to the population. Powers may be delegated to them by higher-tier authorities. In the case of matters directly affecting them but falling outside the scope of their responsibilities, local authorities must, as far as possible, be involved or consulted when any decisions are made or implemented.

No local authority boundary may be changed without prior consultation with the local community concerned, possibly by means of a referendum, where this is permitted by law (article 5).

Reference to appropriate administrative structures and human resources is made in article 6 so that the tasks entrusted to local authorities are carried out efficiently and effectively.

Article 7 aims to ensure that elected representatives may not be prevented by the action of a third party from carrying out their functions. It also provides for appropriate financial compensation for expenses incurred in the exercise of their office. Any functions and activities deemed incompatible with the holding of local elective office are to be determined by legislation.

The activities of local authorities are monitored by supervisory authorities (article 8). The main aim is to ensure compliance with the law, not to assess the expediency of decisions made. This supervision and the procedures for carrying it out must have an adequate legislative basis.

It is a basic principle in article 9 of the charter that adequate financial resources, within national economic policies, should be made available to local authorities for the carrying out of their tasks. Resources may be collected by local authorities, within the limits of the law, in the form of local taxes, or they may be derived from grants. Provision must also be made for a system of financial equalisation to distribute resources more evenly and to protect financially weaker local authorities.

Local authorities must be entitled to belong to an association for the protection and promotion of their common interests.

To belong to an international association, where provided for by law, is also to be recognised in each state (article 10).

Article 11 provides local authorities with the right of recourse to a judicial remedy in an appropriate court in order to defend their interests.

Part two lists five paragraphs in articles 12 - 14. It contains miscellaneous provisions relating to the scope of the undertakings entered into by the parties. In accordance with the intention of securing a realistic balance between the safeguarding of essential principles, article 12 also retains an element of flexibility. In order to take into account the legal and institutional peculiarities of various member states, all parties are specifically permitted to exclude certain provisions of the charter from those by which they consider themselves bound. States are required to comply with a minimum of 20 paragraphs from part one of the charter, at least 10 of which to be selected from listed paragraphs.

Article 13 lays down that the principles contained in the charter apply to all categories of local and regional authorities while article 14 obliges each party to supply relevant information to the Council of Europe.

Part three of the text (nine paragraphs in articles 15 - 18) contains final provisions consistent with those customarily used in conventions drawn up under the auspices of the Council of Europe and referring to the entry into force after the deposit of the instrument of ratification and the territories to which the charter applies. Any party may denounce the charter at any time after the expiration of a period of five years from the date of entry into force.

To view to what extent European sates have bound themselves, one can click on "List of declarations, reservations... " in the Council of Europe website.

This charter is the culmination of a series of initiatives and many years of deliberation within the Council of Europe. It is hoped that it will thus make a substantial contribution to the protection and enhancement of common European values.