Text of the European Charter
of Local Self-Government
Preamble
The member States of the Council
of Europe, signatory hereto,
Considering that the aim of the
Council of Europe is to achieve a greater unity between its
members for the purpose of safeguarding and realizing the ideals
and principles which are their common heritage;
Considering that one of the
methods by which this aim is to be achieved is through agreements
in the administrative field;
Considering that the local
authorities are one of the main foundations of any democratic
regime;
Considering that the right of
citizens to participate in the conduct of public affairs is one
of the democratic principles that are shared by all member States
of the Council of Europe;
Convinced that it is at local
level that this right can be most directly exercised;
Convinced that the existence of
local authorities with real responsibilities can provide an
administration which is both effective and close to the
citizen;
Aware that the safeguarding and
reinforcement of local self-government in the different European
countries is an important contribution to the construction of a
Europe based on the principles of democracy and the
decentralization of power;
Asserting that this entails the
existence of local authorities endowed with democratically
constituted decision-making bodies and possessing a wide degree
of autonomy with regard to their responsibilities, the ways and
means by which those responsibilities are exercised and the
resources required for their fulfillment,
Have agreed as follows:
Article 1
The parties undertake to consider
themselves bound by the following articles in the manner and to
the extent prescribed in Article 12 of this Charter
Part I
Article 2
Constitutional
and legal foundation for local self-government
The principle of local
self-government shall be recognized in domestic legislation, and
where practicable, in the constitution.
Article 3
Concept of local
self-government
1. Local self-government denotes
the right and ability of local authorities, within the limits of
the law, to regulate and manage a substantial proportion of
public affairs under their own responsibility and in the
interests of the local population.
2. This right shall be exercised
by councils or assemblies composed of members freely elected by
secret ballot on the basis of direct, equal, universal suffrage,
and which may possess executive organs responsible to them. This
provision shall in no way affect recourse to assemblies of
citizens, referendums or any other form of direct citizen
participation where it is permitted by statute.
Article 4
Scope of local
self-government
1. The basic powers and
responsibilities of local authorities shall be prescribed by the
constitution or by statute. However, this provision shall not
prevent the attribution to local authorities of power and
responsibilities for specific purposes in accordance with the
law.
2. Local authorities shall, within
the limits of the law, have full discretion to exercise their
initiative with regard to any matter which is not excluded from
their competence nor assigned to any other authority.
3. Public responsibilities shall
generally be exercised, in preference, by those authorities which
are closest to the citizen. Allocation of responsibility to
another authority should weigh up the extent and nature of the
task and requirements of efficiency and economy.
4. Powers given to local
authorities shall normally be full and exclusive. They may not be
undermined or limited by another, central or regional, authority
except as provided for by under the law.
5. Where powers are delegated to
them by central or regional authority, local authorities shall,
insofar as possible, be allowed discretion in adapting their
exercise to local conditions.
6. Local authorities shall be
consulted, insofar as possible, in due time and in an appropriate
way in the planning and decision-making processes for all matters
which concern them directly.
Article 5
Protection of
local authority boundaries
Changes in local authority
boundaries shall not be made without prior consultation of the
local communities concerned, possible by means of a referendum
where this is permitted by statute.
Article 6
Appropriate
administrative structures and resources for the tasks of local
authorities
1. Without prejudice to more
general statutory provisions, local authorities shall be able to
determine their own internal administrative structures in order
to adapt them to local needs and ensure effective management.
2. The conditions of service of
local government employees shall be such as to permit the
recruitment of high-quality staff on the basis of merit and
competence; and to this end adequate training opportunities,
remuneration and career prospects shall be provided.
Article 7
Conditions under
which responsibilities at local level are exercised
1. The conditions of office of
local elected representatives shall provide for free exercise of
their functions.
2. They shall allow for
appropriate financial compensation for expenses incurred in the
exercise of the office in question as well as, where appropriate,
compensation for loss of earnings or remuneration for work done
and corresponding social welfare protection.
3. Any functions and activities
which are deemed incompatible with the holding of local elective
office shall be determined by statute or fundamental legal
principles.
Article 8
Administrative
supervision of local authorities" activities
1. Any administrative supervision
of local authorities may only be exercised according to such
procedures and in such cases as are provided for by the
constitution or statute.
2. Any administrative supervision
of the activities of the local authorities shall normally aim
only at ensuring compliance with the law and with constitutional
principles. Administrative supervision may however be exercised
with regard to expediency by higher-level authorities in respect
of tasks the execution of which is delegated to the local
authorities.
3. Administrative supervision of
local authorities shall be exercised in such a way as to ensure
that the intervention of the controlling authority is kept in
proportion to the importance of the interests which it is
intended to protect.
Article 9
Financial
resources of local authorities
1. Local authorities shall be
entitled, within national economic policy, to adequate financial
resources of their own, of which they may dispose freely within
the framework of their powers.
2. Local authorities" financial
resources shall be commensurate with the responsibilities
provided for by the constitution and the law.
3. Part at least of the financial
resources of local authorities shall derive from local taxes and
charges of which, within the limits of statute, they have the
power to determine the rate.
4. The financial systems on which
resources available to local authorities are based shall be of a
sufficiently diversified and buoyant nature to enable them to
keep pace as far as practicably possible with the real evolution
of the cost of carrying out their tasks.
5. The protection of financially
weaker local authorities calls for the institution of financial
equalization procedures or equivalent measures which are designed
to correct the effects of the unequal distribution of potential
sources of finance and of the financial burden they must support.
Such procedures or measures shall not diminish the discretion
local authorities may exercise within their own sphere of
responsibility.
6. Local authorities shall be
consulted, in an appropriate manner, on the way in which
redistributed resources are to be allocated to them.
7. As far as possible, grants to
local authorities shall not be earmarked for the financing of
specific projects. The provision of grants shall not remove the
basic freedom of local authorities to exercise policy discretion
within their own jurisdiction.
8. For the purpose of borrowing
for capital investment, local authorities shall have access to
the national capital market within the limits of the law.
Article 10
Local
authorities' right to associate
1. Local authorities shall be
entitled, in exercising their powers, to cooperate and, within
the framework of the law, to form consortia with other local
authorities in order to carry out tasks of common interest.
2. The entitlement of local
authorities to belong to an association for the protection and
promotion of their common interests and to belong to an
international association of local authorities shall be
recognized in each State.
3. Local authorities shall be
entitled, under such conditions as may be provided for by the
law, to cooperate with their counterparts in other States.
Article 11
Legal protection
of local self-government
Local authorities shall have the
right of recourse to a judicial remedy in order to secure free
exercise of their powers and respect for such principles of local
self-government as are enshrined in the constitution or domestic
legislation.
Part II
Article 12
Undertakings
1. Each Party undertakes to
consider itself bound by at least twenty paragraphs of Part I of
the Charter, at least ten of which shall be selected from among
the following paragraphs:
- Article 2,
- Article 3, paragraphs 1 and
2,
- Article 4, paragraphs 1,2 and
4,
- Article 5,
- Article 7, paragraph 1,
- Article 8, paragraph 2,
- Article 9, paragraphs 1,2 and
3,
- Article 10, paragraph 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 selected in accordance with the
provisions of paragraph 1 of this Article.
3. Any Party may, at any later
time, notify to the Secretary General that it considers itself
bound by any paragraphs of this Charter which it has not already
accepted under the terms of paragraph 1 of this Article. Such
undertakings subsequently given shall be deemed to be an integral
part of the ratification, acceptance or approval of the Party so
notifying, and shall have the same effect as from the first day
of the month following the expiration of a period of three months
after the date of the receipt of the notification by the
Secretary General.
Article 13
Authorities to
which the Charter applies
The principles of local
self-government contained in the present Charter apply to all the
categories of local authorities existing within the territory of
the Party. However, each Party may, when depositing its
instrument of ratification, acceptance or approval, specify the
categories of local or regional authorities to which it intends
to confine the scope of the Charter or which it intends to
exclude from its scope. It may also include further categories of
local or regional authorities within the scope of the Charter by
subsequent notification to the Secretary General of the Council
of Europe.
Article 14
Provision of
information
Each Party shall forward to the
Secretary General of the Council of Europe all relevant
information concerning legislative provisions and other measures
taken by it for the purposes of complying with the terms of this
Charter.
Part III
Article 15
Signature,
ratification and entry into force
1. This Charter shall be open for
signature by the member States of the Council of Europe. It is
subject to ratification, acceptance or approval. 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 expiration of a
period of three months after the date on which four member States
of the Council of Europe have expressed their consent to be bound
by the Charter in accordance with the provisions of the preceding
paragraph.
3. In respect of any member State
which subsequently expresses its consent to be bound by it, the
Charter shall enter into force on the first day of the month
following the expiration of a period of three months after the
date of the deposit of the instrument of ratification, acceptance
or approval.
Article 16
Territorial
clause
1. Any State may, at the time of
signature or when depositing its instrument of ratification,
acceptance, approval or accession, specify the territory or
territories to which this Charter shall apply.
2. Any State may at any later
date, by a declaration addressed to the Secretary General of the
Council of Europe, extend the application of this Charter to any
other territory specified in the declaration. In respect of such
territory the Charter shall enter into force on the first day of
the month following the expiration of a period of three months
after the date of receipt of such declaration by the Secretary
General.
3. Any declaration made under the
two preceding paragraphs may, in respect of any territory
specified in such declaration, be withdrawn by a notification
addressed to the Secretary General. The withdrawal shall become
effective on the first day of the month following the expiration
of a period of six months after the date of receipt of such
notification by the Secretary General.
Article 17
Denunciation
1. Any Party may denounce this
Charter at any time after the expiration of a period of five
years from the date on which the Charter entered into force for
it. Six monthsķ notice shall be given to the Secretary General of
the Council of Europe. Such denunciation shall not affect the
validity of the Charter in respect of the other Parties provided
that at all times there are not less than four such Parties.
2. Any Party may, in accordance
with the provisions set out in the preceding paragraph, denounce
any paragraph of Part I of the Charter accepted by it provided
that the Party remains bound by the number and type of paragraphs
stipulated in Article 12, paragraph 1. Any Party which, upon
denouncing a paragraph, no longer meets the requirements of
Article 12, paragraph 1, shall be considered as also having
denounced the Charter itself.
Article 18
Notifications
The Secretary General of the
Council of Europe shall notify the member States of the Council
of Europe of:
a) any signature;
b) the deposit of any instrument
of ratification, acceptance or approval;
c) any date of entry into force of
this Charter in accordance with Article 15;
d) any notification received in
application of the provisions of Article 12, paragraphs 2 and
3;
e) any notification received in
application of the provisions of Article 13;
f) any other act, notification or
communication relating to this Charter.
In witness whereof the
undersigned, being duly authorized thereto, have signed this
Charter.
Done at Strasbourg, this 15th day
of October, 1985 in English and French, both texts being equally
authentic, in a single copy which shall be deposited in the
archives of the Council of Europe. The Secretary General of the
Council of Europe shall transmit certified copies to each member
State of the Council of Europe.
(The remaining paragraphs 2 and 3 and
Articles 13 to 18 deal with procedural matters.)
States which have
signed the Charter
Austria
Belgium
Bulgaria
Cyprus
Denmark
Estonia
Finland
France
Germany
Greece
Hungary
Iceland
Italy
Liechtenstein
Luxembourg
Malta
Netherlands
Norway
Poland
Portugal
Slovenia
Spain
Sweden
Turkey