Communication from the Ministry of Foreign Affairs No. 181 / 1999 Coll.
Communication from the Ministry of Foreign Affairs on the adoption of the European Charter of Local Government
Valid
International Treaty
Effective from 01.09.1999
181
COMMUNICATION
Ministry of Foreign Affairs
The Ministry of Foreign Affairs states that the European Charter of Local Government was adopted in Strasbourg on 15 October 1985.
The European Charter was approved by the Parliament of the Czech Republic. The President of the Republic ratified it.
The Ratification Charter of the Czech Republic was deposited with the Secretary-General of the Council of Europe on 7 May 1999. The following notification was made when the European Charter was ratified:
"Within the meaning of Article 12 (1) of the European Charter of Local Government of 15 October 1985, the Czech Republic shall be deemed to be bound by the 24 (24) (1) of Part I of the Charter, of which the 13 (13) paragraphs referred to in Article 12 (1) of the Charter.
They do not feel bound by the following provisions:
Article 4 - paragraph 5
Article 6 - paragraph 2
Article 7 - paragraph 2
Article 9 - paragraph 3, paragraph 5 and paragraph 6. ';
The European Charter entered into force on 1 September 1988 pursuant to Article 15 (2) thereof. For the Czech Republic, the Charter will enter into force in accordance with paragraph 3 of that Article on 1 September 1999.
The Czech translation of the European Charter is announced simultaneously. The English version of the Charter can be consulted by the Ministry of Foreign Affairs and the Ministry of Interior.
EUROPEAN CHARTER OF LOCAL AUTONOMOUS
Preamble
The following signed Member States of the Council of Europe,
taking into account that the Council of Europe's objective is to achieve greater unity between its members in order to protect and implement the ideals and principles which are their common heritage;
taking into account that management agreements are one of the methods to achieve this objective;
taking into account that local communities are one of the main foundations of any democratic establishment;
taking into account that the right of citizens to participate is one of the democratic principles shared by all the Member States of the Council of Europe;
Believing that this right can be exercised most directly at local level;
Convincing that the existence of truly responsible local communities can lead to a governance that is both effective and close to citizens;
Knowing that protecting and strengthening local self-government in the various European countries is an important contribution to building a Europe based on the principles of democracy and the decentralisation of power;
declaring that this requires that there be a local community equipped with democratically established decision-making bodies and having a high degree of autonomy as regards their responsibilities and the means and means of implementation, as well as the resources needed to fulfil that responsibility,
agree as follows:
The Parties declare that they feel bound by the following Articles as and as far as provided for in Article 12 of this Charter.
Constitutional and legal foundations of local government
The principle of local government shall be recognised in national legislation and, where applicable, in the Constitution.
The concept of local government
1. The local government shall indicate the right and capacity of local communities within the limits of the law under its responsibility and in the interests of the local population to regulate and manage a substantial part of the public affairs.
2. This right shall be exercised by the Board or Assembly, which shall consist of members freely elected by secret ballot on the basis of direct, equal and universal voting rights and which may have the executive bodies responsible for them. This provision shall in no way affect the use of citizens' assembly, referendums or any other form of direct participation by citizens, where such exploitation is permitted by law.
Scope of local government
1. The basic powers and responsibilities of local communities shall be laid down by the Constitution or by law. However, this provision does not prevent local communities from conferring powers and responsibilities for specific purposes in accordance with the law.
2. Under the law, local communities have the full freedom to apply their initiative to any matter which is neither excluded nor entrusted to another institution.
3. Responsibility for public matters is usually borne mainly by the institutions closest to the citizen. The other authority shall be entrusted with responsibility where appropriate to the extent and nature of the task and the requirements of efficiency and economy.
4. The powers provided by the local community are generally full and exclusive. Another body, central or regional, can intervene or restrict them only if the law so provides.
5. Where powers are delegated to them by a central or regional authority, the local community shall allow the local community, where it is possible, to adapt their performance to local conditions at its discretion.
6. Local communities shall, where possible, be consulted in a timely and appropriate manner on planning and decision-making issues in all matters directly affecting them.
Border control of local administrative units
The boundaries of local administrative units may not be changed without prior consultation with the population of the units concerned, as far as possible by a referendum where the law allows a referendum.
Administrative structures and resources to carry out local community tasks
1. Without prejudice to more general legal provisions, local communities may establish their own internal administrative structures to adapt them to local needs and ensure efficient management.
2. The staff of the local administration must be able to obtain high-quality personnel based on characteristics and qualifications; to this end, they shall ensure adequate possibilities for increasing qualifications, adequate remuneration and adequate prospects for action.
Conditions of local responsibility
1. The conditions under which local elected representatives work must allow the free exercise of their duties.
2. These conditions shall allow for adequate financial compensation for the expenditure incurred in the performance of the duties in question, the income foregone or the remuneration for the work carried out and the corresponding social security.
3. Functions and activities which are considered incompatible with the holding of the elected post in place shall be laid down by law or by the basic principles of law.
Administrative supervision of local community activities
1. Any administrative supervision of local communities may only be carried out in such a way and in such cases as provided for by the Constitution or the law.
2. Any administrative supervision of the activities of local communities shall normally seek only to ensure compliance with the law and constitutional principles. However, for the tasks delegated to local communities, higher authorities may also exercise supervision as regards the suitability of the funds chosen.
3. Administrative supervision of local communities shall be carried out in such a way as to ensure that the intervention of the controlling authority is proportionate to the importance of the interests it is intended to protect.
Financial resources of local communities
1. Local communities have the right, within the framework of the economic policy of the State, to adequate own financial resources with which they can freely dispose within the limits of their powers.
2. The financial resources of local communities are proportionate to the responsibilities laid down by the Constitution and the law.
3. At least part of the financial resources of local communities comes from local taxes and charges, the rate of which local communities can set within the limits of the law.
4. The financial systems on which the resources available to the local community are based shall be so diverse and flexible as to allow such resources to continue, as far as possible, to be consistent with the actual development of the costs of the tasks that the local communities have.
5. The protection of financially weaker local communities calls for the introduction of financial compensation procedures or equivalent measures to correct the consequences of the unequal distribution of potential financial resources and the financial burden to be borne by them. Such procedures or measures shall not restrict the discretion which local communities may exercise under their own responsibility.
6. Local communities shall be consulted in an appropriate way on how to allocate the resources allocated to them.
7. As far as possible, subsidies from local communities do not pre-finance specific projects. The granting of subsidies does not liquidate the fundamental freedom of local communities to exercise their discretion within their jurisdiction.
8. In order to obtain a loan for equity investments, local communities have access to the national capital market within the limits of the law.
The right of local communities to associate
1. Local communities have the right to cooperate in the exercise of their powers and, within the limits of the law, to associate themselves with other local communities to carry out tasks of common interest.
2. Each State shall recognise the right of local communities to be members of the association for protection and to promote their common interests and members of the international association of local communities.
3. Under conditions which may be provided for by law, local communities are entitled to cooperate with their counterparts in other countries.
Legal protection of local government
In order to ensure the free exercise of their powers and respect for the principles of local government enshrined in the Constitution or in national legislation, local communities have the right to apply to courts.
MISCELLANEOUS PROVISIONS
Commitments
1. Each Party declares that it feels bound by at least twenty paragraphs of Part I of this Charter, of which at least ten must be selected from the following paragraphs:
- Article 2,
- Article 3 (1) and (2),
- Article 4 (1), (2) and (4),
- Article 5,
- Article 7 (1),
- Article 8 (2),
- Article 9 (1), (2) and (3),
- Article 10 (1),
- Article 11.
2. Each Contracting State, when depositing its instrument of ratification, acceptance or approval, shall notify the Secretary-General of the Council of Europe of the paragraphs chosen in accordance with paragraph 1 of this Article.
3. Any Party may at any time later notify the Secretary-General that it feels bound by any paragraph of this Charter which it has not yet adopted pursuant to paragraph 1 of this Article. Such a subsequent declaration shall be considered as an integral part of the ratification, acceptance or approval by the Party making the notification and shall have effect from the first day of the month following the expiry of three months from the date on which the Secretary-General received the notification.
Community to which the Charter applies
The principles of local government contained in this Charter shall apply to all types of local communities which exist within the territory of the Party. However, each Party may, when depositing its instrument of ratification, acceptance or approval, expressly indicate to which types of local or regional authorities it intends to restrict or exempt the Charter. It may also include other types of local or regional authorities by subsequent notification to the Secretary-General of the Council of Europe within the scope of the Charter.
Provision of information
Each Party shall provide the Secretary-General of the Council of Europe with all relevant information on the legal provisions and other measures it has taken to comply with the requirements of this Charter.
Signature, ratification and entry into force
This Charter is open for signature to the Member States of the Council of Europe. It shall be subject to ratification, acceptance or approval. The 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 expiry of the three months following the date on which four Member States of the Council of Europe have expressed their agreement to be bound by the Charter in accordance with the provisions of the preceding paragraph.
3. The Charter shall enter into force on the first day of the month following the expiry of three months from the date of deposit of the instrument of ratification, acceptance or approval in respect of any Member State which subsequently gives its consent to it.
Territorial Clause
1. Any State may, upon signature or deposit of its instrument of ratification, acceptance, approval or accession, expressly designate one or more territories to which the Charter will apply.
2. Any State may, at any time later, extend the application of this Charter to any other territory explicitly indicated in that Declaration by a declaration addressed to the Secretary-General of the Council of Europe. In respect of such territory, the Charter shall enter into force on the first day of the month following the expiry of the three months following the date on which the Secretary-General received such a declaration.
3. Any declaration made pursuant to the preceding two paragraphs may, in respect of any territory in that declaration, be withdrawn by a declaration addressed to the Secretary-General. Withdrawal shall take effect on the first day of the month following the expiry of six months from the date on which the Secretary-General received this declaration.
Termination
1. Either Party may terminate this Charter at any time after five years from the date on which the Charter entered into force for it. The Secretary-General of the Council of Europe must be informed six months in advance. Such termination shall not affect the validity of the Charter in relation to other parties unless such parties are less than four at any time.
2. Any Party may, in accordance with the provisions of the preceding paragraph, terminate any paragraph of Part I of the Charter which it has accepted if that Party remains bound by the number and type of paragraphs provided for in Article 12 (1). Any party which, as a result of the termination of a paragraph, no longer meets the requirements of Article 12 (1) shall be deemed to have given notice to the Charter itself.
Notification
The Secretary-General of the Council of Europe shall notify the Member States of the Council of Europe:
(a) any signature;
(b) the deposit of each instrument of ratification, acceptance or approval;
(c) any date on which the Charter entered into force pursuant to Article 15;
(d) any notification received pursuant to Article 12 (2) and (3);
(e) any notification received pursuant to Article 13;
(f) any other document, notification or communication relating to this Charter.
In evidence of the undersigned, with proper authority, signed this Charter.
Done at Strasbourg, 15 October 1985 in the English and French languages, both texts being equally authentic, in one copy to be deposited in the archives of the Council of Europe. The Secretary-General of the Council of Europe shall forward certified copies to each Member State of the Council of Europe.
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No. 181 / 1999 Coll., on the adoption of the European Charter of Local Government |
|---|---|
| Regulation Type | International Treaty |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.08.1999 |
|---|---|
| Effective from | 01.09.1999 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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