Challenges of the Implementation of the European Charter of Local Self-Government in Estonian Legislation

Abstract

The restoration of local self-government, initially at two levels, began in Estonia in 1989. Since 1993, local self-government has been a single-level system comprising of cities and rural municipalities. There were about 250. The need to carry out an administrative-territorial reform was discussed for years; meanwhile, several voluntary mergers took place. A national reform was completed only in the autumn of 2017. The Constitution of Estonia, specifically Articles 154-160 are very much in keeping with the principles of the European Charter of Local Self-Government, although the Charter was ratified two years after the Constitution was adopted in 1992. The Charter is of great importance in legislation and in case law. The biggest problems relate to the funding of local government, which has been highlighted by CLRAE in its monitoring reports. From the point of view of local governments' economic autonomy, the low share of local taxes in local budgets is a significant shortcoming. At the initiative of researchers focusing on local self-government issues at universities, a think tank POLIS was set up.