European Charter Of Local Self-Government Research Articles

ЄВРОПЕЙСЬКА ХАРТІЯ МІСЦЕВОГО САМОВРЯДУВАННЯ ЯК ОСНОВА ДІЯЛЬНОСТІ ОРГАНІВ УПРАВЛІННЯ ТЕРИТОРІАЛЬНИМИ ГРОМАДАМИ В УКРАЇНІ

The article examines the topic of compliance of legal regulation and the actual activity of local self-government bodies with the European Charter of Local Self-Government from the point of view of the conceptual understanding of the place of the local self-government body in the system of local self-government, its authority to perform management functions, the possibility of external supervision of its activities and rights citizens to participate in local government, which is the fundamental basis that characterizes the condition and capacity of local authorities. It has been established that the competence of local self-government bodies to carry out management in the form of delegated authority provided by Ukrainian legislation does not correspond to the principle of subsidiarity, which is defined by the European Charter of Local Self-Government, and the lack of a real and effective mechanism of administrative supervision of local self-government bodies, as provided for by this international agreement, has also been revealed. In addition, the discrepancy in the approaches of the European Charter of Local Self-Government and acts of Ukrainian legislation to the conceptual understanding of the place of local self-government bodies in the local self-government system was analyzed, and the problem of involving internally displaced persons to life in new communities and their right as community residents to participate in local self-government was highlighted. The importance of developing specific proposals for full compliance with the principle of subsidiarity in part of delegated authorities and the implementation of the mechanism of administrative supervision over the activities of local self-government bodies into regulatory and legal circulation was emphasized. At the same time, emphasis is placed on the need for a unified approach to building a high-quality and effective regulatory framework on local self-government based on European standards, which is an important issue on the agenda in the context of Ukraine's movement towards the European community.

European Charter of Local Self-Government and its Implementation in Azerbaijan: Assessing Legal Compliance and Institutional Adaptation

European Charter of Local Self-Government and its Implementation in Azerbaijan: Assessing Legal Compliance and Institutional Adaptation

Regulacja konstytucyjna lokalnej autonomii finansowej w państwach Grupy Wyszehradzkiej

In this article, the authors investigate the connection between the level of detail in constitutional regulations of local financial autonomy and its overall quality in Hungary, Slovakia, Poland and the Czech Republic. The article aims to either confirm or refute the hypothesis that more comprehensive constitutional rules result in an enhanced quality of local financial autonomy. To be able to test the hypothesis, the authors first examine the relevant constitutional regulation in these four countries. Thereafter, they employ two different indicators, selected statistical data and the conclusions from the monitoring procedure of the European Charter of Local Self-Government to measure the quality of local financial autonomy in the studied countries. Finally, they compare the results of the quality assessment with the degree of the constitutional framework’s specificity to see if the hypothesis was correct or not.

Local Governments in Türkiye and Azerbaijan in the Context of the European Charter of Local Self-Government: Contradictions and Incompatibilities

The Council of Europe (CoE) has attached great importance to local governments and local self-government in constructing an integrated Europe and, as a sign of this, has created an international convention entitled “the European Charter of Local Self-Government (ECLSG)”. The core aim of this investigation is to evaluate the local government legislation of Türkiye and Azerbaijan, which are contracting parties, within the framework of the principles and standards of the ECLSG. The assessment found that some of the articles/sub-articles on which both countries had made reservations have disappeared in practice, while some approved articles/sub-articles have yet not been incorporated into domestic legislation. Ultimately, Türkiye accepted twenty sub-articles (the minimum number required to accept the Charter) and made reservations for ten sub-articles. However, Türkiye is not applying the three articles it accepted and is actually applying nine of the ten articles for which it made reservations. On the other hand, Azerbaijan accepted twenty-six sub-articles and made reservations to four sub-articles. Like Türkiye, Azerbaijan does not apply the four articles it accepted, but actually applies three of the four articles to which it made reservations.

Exercise of State Control over Local Self-Government in the Field of Environmental Protection

Today, environmental protection is a priority task for the governments of countries around the world due to the deepening of environmental problems and their impact on people's lives. Several problematic issues can and must be solved at the local level, which will make environmental policy more effective and take into account local needs. The study aimed to analyse the competence of local self-government bodies in terms of monitoring compliance with environmental legislation. A comparative analysis was used to study the issue of ensuring the protection of the environment and ecosystem by local self-government bodies through the prism of legal protection. During the research, several obstacles to the implementation of effective environmental protection measures at the local level were identified: the imperfection of the financing system, the lack of environmental awareness, the absence of effective administrative and procedural measures, and the imperfection of state control. In response to the identified problems, the positive experience of implementing the norms of the European Charter of Local Self-Government was investigated. It was established that the decentralization of local self-government had a positive effect on the protection of the ecosystem, as it brought local authorities closer to the public and provided local authorities with real powers to solve problems related to compliance with environmental legislation. In addition, to increase the effectiveness of mechanisms of state control over local self-government in the field of environmental protection, a system of principles of such control is proposed, consisting of publicity, systematicity, effectiveness, objectivity, impartiality, and universality. The proposed system will cover several key environmental problems and quickly and effectively solve them with the involvement of competent specialists and the public. The state of environmental protection at the local level is seen in further research and justification to determine practical recommendations for the implementation of decentralization of local self-government.

The European Charter of Local Self-Government as a tool for enhancing direct democracy: the case of western Balkans countries

Five of the six non-EU countries in the western Balkans region have signed the Council of Europe’s European Charter of Local Self-Government, the exception being the Republic of Kosovo which is not yet a formal member of the Council of Europe. Moreover, Serbia, Montenegro and North Macedonia have signed and ratified the Additional Protocol, showing their willingness to enforce the effects of the Charter, while, in contrast, Bosnia and Herzegovina has neither signed nor ratified it and Albania has only signed it. Indeed, this Charter is a cornerstone of local governance whose aim is to enhance citizens’ participation in local decision-making. This article compares the domestic institutional framework regarding local government in the five countries and seeks to highlight whether the Charter has indeed enhanced citizens’ participation. In addition, it explores the practices occurring in some countries which have implemented the Charter before, ultimately, seeking to answer the question as to whether it has enhanced direct local democracy in the western Balkans.

CONTRADICTIONS OF INTERSTATE LEGISLATION REGULATING THE SECTOR OF LOCAL SELF-GOVERNMENT IN THE CONTEXT OF CURRENT CONSTITUTIONAL REGULATIONS

This article is dedicated to the main provisions of the local self-government provided by the Constitution of the Republic of Armenia, which were not expressed or fully implemented at the level of the national legislation of the Republic of Armenia. The main goal of the article is to identify and highlight the legal contradictions between the Constitution and the Law on Local Self-Government, to present the constitutional norms that have not been implemented in domestic legislative acts. The article specifically refers to the legislative contradictions between the Constitution of the Republic of Armenia and the Law "On Local Self-Government", restrictions on the activities of communities and their local self-government bodies, as well as the need to eliminate them. These issues were also discussed in the light of the provisions of the European Charter of Local SelfGovernment, emphasizing the principle of exclusivity and completeness of the powers of local self-government bodies. In the article, according to individual components, the legal entity of public law, listening to the opinion of the community during the merger or division of communities, community problems and the powers of local self-government bodies, the status of the "Local Self-Government" law, the responsibility of the community leader before the council of elders, and the sources of financing defined for the purpose of solving the community's mandatory problems were presented, legal and professional control toolkits and the constitutional regulations defined in terms of inter-community associations and the problems of their implementation at the legislative level. In that context, the article made specific recommendations to improve the current legislation regulating the local self government sector.

PRINCIPLES OF LOCAL GOVERNMENT: TERMINOLOGICAL ISSUES (PART TWO)

The European Charter of Local Self-Government 1985 provides for a number of principles of local self-government that are important for compliance in Ukraine. Some of these principles are already included in national legislation, and they are declared principles of local self-government in Ukraine. Some are not yet. Mostly the scientists, that are specialists in the Ukrainian municipal law, do not write about these principles. That is why the author has used only the monographical works of B.V. Kalinovsky and S.V. Malikov. The author gives the overview of S.V. Malikov’s researches of the topic, and concludes: although the European Charter of Local Self-Government 1985 itself was studied by S.V. Malikov in more detail than the vast majority of Ukrainian authors – specialists in municipal law, precisely the principles of local self-government enshrined in it, he paid only relatively little attention. The author gives the overview of B.V. Kalinovsky’s researches of the topic, and concludes: he has correctly interpreted at least one of the principles of local self-government from the provisions of each of the articles of the first section of the European Charter of Local Self-Government 1985; the author counts 13 principles in total. Among these principles, 11 have been named; sometimes suggested B.V. Kalinovsky title of the principle is debatable, especially taking into account the provisions of the municipal legislation of Ukraine.

Financial Autonomy of Local Self-Governments Considering the European Charter of Local Self-Government

The article is devoted to the Council of Europe’s European Charter of Local Self-Government as a unique international document serving as a basis on which the systems of local self-government are built all over Europe. The author aims to provide insight into the processes within the Council of Europe, which led to its adoption, to describe its character, to identify its advantages and shortcomings, and to evaluate its overall significance as a vital benchmark for measuring the degree of local self-government across the continent. The focus of this article is on the importance of the Charter from the perspective of local authorities’ financial autonomy. The author investigates how the issue of financing is generally perceived by the Charter and the related documents, while most of this study is dedicated to the individual provisions of the Charter concerning the various aspects of financial autonomy, from the general adequacy of funds to more specific issues such as the equalisation mechanisms or the right to borrow from the capital market. Using the documents issued by the Council of Europe bodies, and the opinions of scholars dealing with the topic, the author scrutinises, what kind of obligations arise from the respective provisions, also touching upon how well the ratifying states implement these obligations.

Financial and Structural Prospects of Local Government Reform in Russia

The reform of local self-government (LSG), which started over 30 years ago, has not been completed at the moment, and the regulatory and legislative activities of Russian deputies to bring legislation into line with the new version of the country's Constitution are in progress. From the point of view of the impact on the state of local self-government, it is important to consider the impact of constitutional amendments regarding the exclusion of the mandatory settlement basis of the organization of local self-government on the prospective structure of the LSG; and also to assess the potential financial implications for municipal budgets and local self-government in general of the idea of embedding local self-government at the third level in the system of public authority. It is shown that the issue of the structure of the LSG and the economic feasibility of the consolidation of municipalities remains poorly developed. The paradox is that the need to assess the progress and results of the merger of municipalities not only with qualitative arguments, but also with quantitative calculations, is generally recognized, but there is currently no quantitative assessment of the effectiveness of the merger of municipalities in Russia, as in most foreign countries. The analysis of the reform transformations of the LSG and the improvement of regulatory and legislative acts regarding the regulation of the LSG of Russia has shown that local self-government, formally remaining an institution of public authority, in practice turns into “public administration within municipal borders”, known since Soviet times. The situation is complicated by the denunciation of the European Charter of Local Self-Government, implemented by the State Duma on the proposal of President Vladimir Putin in February 2023. The scientific novelty of the work consists in substantiating theoretical and practice-oriented proposals for improving the structural and financial components of the reform.

Relations Between European Law and Taxation in Bulgaria

The Republic of Bulgaria joined the European Union (EU) in 2007. The aim of this article is to review the impact of European law on the Bulgarian tax system. As the topic is very broad, the study focuses on the Constitution on the one hand and certain tax statutes on the other. Attention is also paid to the latest challenges in the field of international taxation. First, the subject of the study is the amendments made to the constitutional provisions related to tax matters. In discussing them, it is necessary to use a broader concept of European law, since the European Charter of Local Self-Government was adopted by the Council of Europe. Articles 9 (1), 9 (2) and 9 (3) of the Charter set out important principles of self-government that influence the decision-making process on what amendments to undertake to the Constitution. Second, for the purposes of this article, the recent changes in the area of indirect taxation are taken into account, as indirect taxes have been harmonized with the VAT Directive transposed into the Bulgarian Value Added Tax Act (VATA). EU legislation also governs excise duties, which are levied on alcoholic beverages, tobacco and energy products. The provisions of Directive 2008/118/EC on the general arrangements for excise duty have been transposed into the Bulgarian Excise Duties and Tax Warehouses Act (EDWA). However, excise duties need a separate in-depth study. For this reason, they remain outside the scope of this article. Third, changes have been made in the area of direct taxation. A key objective of the EU is the creation of a common market, which implies the removal of obstacles to the free movement of goods, persons, services and capital between Member States. The Treaty on the Functioning of the European Union (TFEU) therefore contains provisions empowering the Union to introduce directives in the field of direct taxation. Nevertheless, as bilateral tax agreements also apply in the same area, the article sheds light on the conflicts between them and EU directives, as they are sometimes based on different legal principles.

The impact of the pattern resulting from the European Charter of Local Self-Government on the institution of public consultation in Poland

The purpose of this article is to indicate the impact of the pattern resulting from the provisions of the European Charter of Local Self-Government on the institution of public consultation in Poland. This form of public participation, optional as to its results, has been present in polish legal culture for many years, while the author found it necessary to examine the above pattern with Polish legal provisions on public consultation.

The European Charter of Local Self-Government: history of applying that is not to be forgotten

The European Charter of Local Self-Government: history of applying that is not to be forgotten

The Europeanisation of the Local Self-Government in the South Caucasus

The following paper employs a normative approach and focuses on the problem of the current state of the local self-government in the South Caucasus countries: Georgia, Armenia, and Azerbaijan. Since all these countries are members of the Council of Europe, a reference point for decentralisation is the European Charter of Local Self-Government. The paper's main thesis is that despite showing some similarities, the countries have introduced different models of decentralisation that do not fully meet the Council of Europe’s criteria. Such variation is in line with the different political systems of these states and their level of democratisation. The more democratic the state is, the stronger the decentralisation it has adopted. Thus, decentralisation in Georgia follows the European model of public policy, while Azerbaijan is preserving the former Soviet model of weak self-government, with central authorities playing the leading role in public services. The current changes in Armenia’s model resemble the Georgian track of reforms. The findings of this paper may be applicable both in further theoretical research and in implementing reforms of local self-government in various post-Soviet states.

Challenges of Implementing the “Additional Protocol to the European Charter of Local Self-Government on the Right to Participate in the Affairs of a Local Authority” in Georgia

Democracy implies not only the existence of elected representatives, but also the existence of active and politically engaged citizens. People's participation in the exercise of government is the basic essence, ground and purpose of democracy.
 The present article analyzes the environment and practice of citizens' participation in the implementation of local self-government in Georgia. The article talks about the challenges in Georgia in the mentioned field, their causes and ways to solve them.

Principles of regional self-government according to Council of Europe reference framework for regional democracy

The purpose of the article is to determine the general principles of regional self-government in accordance with the Framework recommendations of the Council of Europe on regional democracy. Ingenerak, this paper is intended to the content of Council of Europe Reference Framework for Regional Democracy, which in general form contains European standards of regional self-government, is examined. For a more complete presentation of the Reference Framework, the regulative acts of the Council of Europe relating to regional self-government were studied. The Reference Framework is presented as a means of transcending the scope of the European Charter of Local Self-Government in order to help governments strike the best possible balance in the apportionment of powers and responsibilities among different tiers of government. The Reference Framework is also analyzed on the basis of the principle of subsidiarity, the principle of social and territorial cohesion and the need for solidarity. The nature and principles of regional democracy are revealed. The characteristics of local and regional authorities which reflect the key principles of democracy and public participation in the management of living environments are examined. It is concluded that the essence of the principles of democracy constitute the combination of all principles and «rules for living» within a state. A comparison of the European standards of regional self-government with the regulatory practice of self-government functioning at the level of the regions of Ukraine has been carried out. The author’s vision on the introduction of regional self-government in Ukraine is presented.

Is the European Charter of Local Self-Government an Effective Instrument for the Protection of Local Autonomy in Poland?

Purpose: The objective of this research is to examine whether the European Charter of Local Self-Government is, in practice, an effective instrument for the protection of the autonomy of local government in Poland, as well as well as to define the contribution of the Polish case law and administrative practice to the understanding of the principles of the Charter. The importance of the subject is strengthened by the political context. For many years, Poland was considered a model country safeguarding extensive local autonomy. Recently, however, recentralization trends have emerged in government policies. Design/methodology/approach: The research is based on the qualitative and quantitative empirical research of the case law and administrative practice with elements of doctrinal analysis.Findings: The Charter is present in the case law of the Constitutional Tribunal (22 judgments), administrative courts (166), and public administration bodies supervising local governments (49). The number is high compared to other CoE countries. The administrative courts seem to be more eager to adjudicate in favour of local governments in the cases in which the Charter is referred to.Academic contribution to the field: A specific Polish input to the application of the Charter is the frequent use of the principle of proportionality in the supervision of local governments, which serves the courts as a perfect tool for resolving ‘hard cases’ between the local government and central administration bodies. In several important judgments, Article 11 concerning the judicial protection of local governments was invoked to effectively strike down the law limiting the local governments’ access to court in specific cases.Practical implications: The research may be useful for local government representatives in formulating their litigation strategies, especially in legal disputes with central authorities.Originality/value: This research is the first all-embracing empirical research of the application of the Charter in a country’s legal practice. It shows original ways of the practical use of the Charter not described in the literature so far.

Ustawowa regulacja ustroju jednostki samorządu terytorialnego w świetle zasad pomocniczości i decentralizacji władzy publicznej

In the current legal framework in Poland, the regulation of the system of local self-government units is divided between legal acts of various hierarchical ranks. The foundations of the local self-government system are set out in the Constitution of the Republic of Poland and in binding international law, in particular in the European Charter of Local Self-Government. Standards regarding the system of local self-government units are also included in statutes and acts of local law. In recent years, there has been a tendency to expand the statutory regulation of the local self-government system, thus limiting the decision-making freedom of local and regional communities. This is a manifestation of a kind of centralization. The author of the study tries to answer the question about the limits of statutory regulation of the system of local self-government units. The basis for this is the analysis of legislation, jurisprudence and statements of representatives of the doctrine and science of law. Based on the analysis, it has been established that the provisions of the Constitution of the Republic of Poland restrict the legislator’s freedom as regards the minimum standard to be regulated by the system of local self-government units.

Financial Autonomy of the Local Self-governments in the Countries of the Visegrad Group in the Context of the European Charter of Local Self-government

The authors of the paper aim to provide a comparative insight into the financial autonomy of local self-governments in four Central European countries: Hungary, Slovakia, Poland, and the Czech Republic. The topic is presented through the relevant provisions of the European Charter of Local Self-Government, the only legally binding multilateral treaty in Europe addressing local self-governance. As all the four examined states are parties to the document, the authors used the outputs of its monitoring process to analyze the situation under all the relevant provisions of the Charter, paragraph by paragraph. Considering that certain provisions of the Charter enjoy a superior position compared to the others (core provisions), the authors formulated a hypothesis according to which, in the area of financial autonomy, these core provisions are the most problematic ones in terms of their successful implementation. Using analytical, statistical, and comparative methods, the authors concluded that the hypothesis was confirmed, as most shortcomings were identified in the fields covered by these provisions, meaning that besides the lack of sufficient resources, the lack of ability to influence the amount of these resources is also often present in the studied countries.

Long and arduous way to decentralization: past, present and future of the reforms of local self-government in Ukraine

ABSTRACT Aiming to analyse the peculiarities of the decentralization process in Ukraine, this article focuses on the quality of changes taking place within the local self-government system in the context of democratization. I attempt to answer whether the democratic values contained in the Ukrainian Constitution and separate laws, as well as the European Charter of Local Self-Government, are observed in practice by utilizing the system analysis method combined with elements of the synergetic paradigm. I find that the decentralization process is characterized as nonlinear, chaotic and contradictory. However, the ever increasingly frequent manifestations of local democracy occurring within the analysed system have a positive impact on the effects of its democratization. The analysis of the practical dimension of the functioning of the Ukrainian local self-government made it possible to distinguish the main conditions influencing the nature and results of the decentralization process.