ReNEUAL 2.0

I. European Charter on Local Self-Government (ETS. No. 122)

• Opening for signature: 15 September 1985

• Entry into force: 1 September 1988

• The Charter is signed and ratified by all 46 Member States of the CoE

Summary of the CoE's Treaty office: "The Charter commits the Parties to applying basic rules guaranteeing the political, administrative and financial independence of local authorities. It provides that the principle of local self-government shall be recognised in domestic legislation and, where practicable, in the constitution. Local authorities are to be elected in universal suffrage.
Local authorities, acting within the limits of the law, are to be able to regulate and manage public affairs under their own responsibility in the interests of the local population. Consequently, the Charter considers that public responsibilities should be exercised preferably by the authorities closest to the citizens, the higher level being considered only when the co-ordination or discharge of duties is impossible or less efficient at the level immediately below.
To this end, it sets out the principles concerning the protection of local authority boundaries, the existence of adequate administrative structures and resources for the tasks of local authorities, the conditions under which responsibilities at local level are exercised, administrative supervision of local authorities' activities, financial resources of local authorities and legal protection of local self-government.
The principles of local self-government contained in the Charter apply to all the categories of local authorities. 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 a "hard core".

Thus, the Charter follows an à-la-carte-system

See, furthermore,

• Explanatory Memorandum
  
• the monitoring reports of the Congress of Local and Regional Authorities

• CLRAE, Comparative analysis on the implementation of the European Charter of Local Self-Government in 47 member States on the basis of the recommendations on local and regional democracy in member States adopted by the Congress (CG32(2017)22final) of 28 March 2017 (Rapporteurs X Cadoret and K. van Overmeire) for the discussion and the context of this report click here

• CLRAE, Recurring issues based on assessments resulting from Congress monitoring and election observation missions (reference period 2010-2016) (CG32(2017)19final) of 28 March 2017 (Rapporteurs S. Dickson and L Verbeek) for the discussion and the context of this report click here

Bibliography:

• G. Boggero, Constitutional Principles of Local Self-Government in Europe (2017);
• F. Durand, ‘Le 30e anniversaire de la Charte européenne de l’autonomie locale’, (2015) AJDA, pp. 2312–320;
• R. Hertzog, ‘La France et la charte européenne de l’autonomie locale’, (2016) AJDA, pp. 1551–559;
• C. M. G. Himsworth, The European Charter of Local Self-Government (2015);
• F.-L. Knemeyer (ed.), Die Europäische Charta der kommunalen Selbstverwaltung (1989);
• K. Meyer, Gemeindeautonomie im Wandel (2011), pp. 77 ff.;
• C. L. Popescu, ‘Les requêtes devant le Conseil de l’Europe alléguant des violations de la Charte européenne de l’autonomie locale’, (2008) AJDA, pp. 2429–31;
• B. Schaffarzik, ‘Congress of Local and Regional Authorities’ in  S. Schmahl and M. Breuer (eds.), The Council of Europe—Its Law and Policies (2017), pp. 269–295
• B. Schaffarzik, Handbuch der Europäischen Charta der kommunalen Selbstverwaltung (2002),
• M. W. Schneider, Kommunaler Einfluß in Europa (2003)

II. Additional Protocol to the European Charter of Local Self-Government on the right to participate in the affairs of a local authority (CETS No. 207)

• Opening for signature: 8 November 2001

• Entry into force: 1 July 2004

• The Additional Protocol is signed and ratified by 21 CoE Member States

Summary of the CoE's Treaty office: The Additional Protocol adds a new dimension to the European Charter (ETS No. 122) by providing an international legal guarantee of the right to participate in the affairs of a local authority. The right to participate in the affairs of a local authority denotes the right to seek to determine or to influence the exercise of a local authority's powers and responsibilities. Parties to this protocol are required to take legal and other measures to facilitate the exercise of and give effect to this right. The Protocol also requires measures be taken which are necessary to ensure that the ethical integrity and transparency of the exercise of local authorities’ powers and responsibilities are not jeopardised by the exercise of the right to participate..

See, furthermore,

• Explanatory Report
  
• the monitoring reports of the Congress of Local and Regional Authorities

"The Committee of Ministers,
[...]
Having regard to the principles underlying the European Charter of Local Self-Government, in particular Article 4, paragraph 3, which provides that "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";
Considering that these provisions constitute a first effort to define the criteria to be followed in the implementation of the principle of subsidiarity in a text of international law;
Considering that observance of the principle of subsidiarity in member states' legal systems in its dual dimension, as a criterion for allocating powers between different levels of government and guiding them in the exercise of these powers, can only contribute to a better application of the principles contained in the European Charter of Local Self-Government;
Considering that although explicit mention is rarely made of this principle in existing national legal systems, the philosophy of subsidiarity, which favours the exercise of power at the level closest to the citizen, has already inspired numerous provisions, particularly in the member states of the Council of Europe with federal structures;
Considering that observance of the principle of subsidiarity in member states' legal systems must be accompanied by a fresh look at the situation as regards the number of levels of government and the way they work together (organisation of relations, distribution of powers, responsibilities and resources);
Stressing that the principle of subsidiarity should be implemented in conjunction with other organising and operating principles of the state, such as the principles of coherence and unity of application of public policies for the benefit of all citizens, of co-ordination and of territorial solidarity;
Considering that the effective performance of the increasingly numerous and complex tasks assigned to local and regional authorities demands the provision of adequate human and financial resources which, in some cases, are available only in organisations (territorial authorities or intermunicipal co-operation structures) of a large scale;
Believing therefore that not all local authorities of the same level are necessarily able to exercise the same powers, if only because of inequalities in terms of size or resources, and that a pragmatic and flexible approach should be adopted to overcome this obstacle;
Considering the need not only to give effect to the principle, but also to promote its application;
Reaffirming:
- the essentially political nature of local self-government, which must allow the citizen to participate more closely in the management of public affairs, and should therefore be entrusted to elected
authorities;
- that local self-government requires the clearest possible division of powers as regards both the formulation and the implementation of policies, and presupposes that the authorities entrusted with these powers have the human, legal and financial resources to exercise them;
- that the protection of the financially weaker local authorities calls for the introduction of financial equalisation measures which, depending on the circumstances and the degree of financial autonomy of the local and regional authorities, may involve vertical equalisation (from central government) and/or horizontal equalisation (among local authorities),
Recommends that the governments of the member states:
a. with regard to the division of powers:
- specify in the relevant legislation a core set of powers pertaining to each level of local and regional authorities in addition to any assumption of general competence;
- implement principles of organisation of powers designed to match powers with the characteristics (resources, size, geographical location, etc.) of the local and regional authorities;
- adopt experimental legislative and administrative measures to this effect (for example possibility for local authorities to give up certain powers and transfer them to a higher level, or, conversely, possibility for certain local authorities - in particular those of medium and large cities - to amass powers belonging to different levels of local and regional authorities; creation of single or multipurpose intermunicipal co-operation bodies; differentiation of the mandatory tasks of local authorities according to their size or other characteristics);
- introduce, where these do not already exist, permanent mechanisms involving the local and regional authorities in any new redistribution of powers, for example by formalising contacts between central government and the associations of local and regional authorities, and, in the federal states, between the governments of the federate entities and the said associations;
b. with regard to the exercise of powers, in cases, which should be reduced to the strict minimum, where powers are shared between different levels of government, develop, if necessary, a system of programme contracts for the implementation of the associated tasks, setting out the specific role and responsibilities of each level and including clauses safeguarding local self-government and monitoring compliance with this principle;
c. with regard to the promotion of the implementation of the principle of subsidiarity, set up procedures or mechanisms, of a legal or political nature, where these do not already exist, to promote the implementation of the principle of subsidiarity and to deal with any possible associated disputes;
d. apply all these provisions not only to relations between central government and local authorities, but also to relations between regional authorities - in federal states, the governments of the federate entities - and local authorities and, more generally, between all levels of local and regional authorities."

There seems to be no Explanatory memorandum to this recommendation.

2. Recommendation No. R (99)8 of the Committee of Ministers to member states on the financial liability of local elected representatives for acts or omissions in the course of their duties

• There seems to be no Explanatory memorandum to this recommendation

• Recommendation No. R (99)8 was prepared by a report by the Steering Committee on Local and Regional Democracy (CDLR) with the collaboration of Phillippe Petit (CoE (ed.), Liability of local elected representatives for acts or omissions in the course of their duties (1999))

• Changes to the draft recommendation were proposed by CLRAE Opinion 9 (1998) adopted on 3 November 1998 on the preliminary drar recommendation of the Committee of Ministers to member states on the financial (civil and accounting) liability of local elected representatives for acts or omissions in the course of their duties

3. Recommendation CM/Rec(2018)4 of the Committee of Ministers to member States on the participation of citizens in local public life

• Explanatory memorandum (CM/Rec(2018)4 of 21 March 2018)
  

• Recommendation CM/Rec(2018)4 'replaced' Recommendation Rec(2001 )19 of the Committee of Ministers to member states on the participation of citizens in local public life which had, for its part, 'replaced' Recommendation No. R (81)18 of the Committee of Ministers to member states concerning participation at municipal level

4. Recommendation CM/Rec(2019)3 of the Committee of Ministers to member states on supervision of local authorities’ activities

• There seems to be no Explanatory memorandum to this recommendation

5. Recommendation CM/Rec(2022)2 of the Committee of Ministers to member States on democratic accountability of elected representatives and elected bodies at local and regional level

• There seems to be no Explanatory memorandum to this recommendation

IV. European Commission for Democracy through Law – Compilation of Venice Commission Opinions concerning constitutional and legal provisions for the protection of local self-government (CDL-PI(2016)002)

Introduction (p. 3): "This document is a compilation of extracts taken from opinions adopted by the Venice Commission on issues concerning constitutional and legal provisions for the protection of local self-government. The aim of this compilation is to give an overview of the Venice Commission findings and recommendations in this field. The present document does not cover issues related to the states’ structure, unitary/federal states, nor special decentralised or local forms of government, such as territorial autonomy.
The compilation is intended to serve as a source of reference for drafters of constitutions and legislation, researchers, as well as for the Venice Commission’s members, who are requested to prepare opinions and reports on local self-government. When referring to elements contained in this compilation, please cite the original document but not the compilation as such."

Structure: (I.) Constitutional guarantees for local self-government; (II)  Scope of local self-government. Powers of local authorities; (III.) Election versus appointment of local self-government bodies; (IV.) Accountability. Supervision of local self-government bodies; (V.) Property rights; (VI.) Equalisation /solidarity mechanisms; (VII.) Protection of local authority boundaries. Creation/abolition/modification of local selfgovernment entities; (VIII). Local authorities' right to associate

V. Handbook on public ethics at local level prepared by the Steering Committee on Local and Regional Democracy (CDLR) - adopted in 2005 and its Abridged Version

The handbook is a collection of "best practice on the status of local elected representatives identified by the Steering Committee on Local and Regional Democracy (CDLR).relating to the status and duties of local elected representatives (sometimes misleadingly named 'local officials')

VI. Council of Europe Conference of Ministers responsible for local and regional government. Valencia Declaration on a Council of Europe Strategy for Innovation and Good Governance at Local Level (15-16 October 2007)

"Annex I - Strategy on innovation and good governance at local level
[...]
I. Scope
Good governance is a requirement at all levels of public administration. At local level it is of fundamental importance because local government is closest to citizens and provides them with essential services and it is at this level that they can most readily feel ownership of public action.
II. Aims and Objective
The aim of the Strategy is to mobilise and stimulate action by national and local stakeholders so that citizens in all European countries benefit from good democratic governance at the local level, through the continuously improving quality of local public services, engagement of the population and policies that meet their legitimate expectations.
In pursuit of this aim the Strategy has the following three objectives:
1. Citizens are placed at the heart of all democratic institutions and processes;
2. Local authorities constantly improve their governance in accordance with the 12 Principles set out below;
3. States (or regional authorities, depending on member states’ institutional structure) create and maintain the institutional preconditions for the improvement of governance at local level, building on their existing commitments in accordance with the European Charter of Local Self-Government and other Council of Europe standards.
III. The 12 Principles of Good Democratic Governance
[...] The Principles of Good Democratic Governance at local level are:
1. Fair Conduct of Elections, Representation and Participation, to ensure real possibilities for all citizens to have their say in local public affairs;
2. Responsiveness, to ensure that the local authority meets the legitimate expectations and needs of citizens;
3. Efficiency and Effectiveness, to ensure that objectives are met while making the best use of resources;
4. Openness and Transparency, to ensure public access to information and facilitate understanding of how local public affairs are conducted;5. Rule of Law, to ensure fairness, impartiality and predictability;
6. Ethical Conduct, to ensure that the public interest is put before private ones;
7. Competence and Capacity, to ensure that local representatives and officials are well able to carry out their duties;
8. Innovation and Openness to Change, to ensure that benefit is derived from new solutions and good practices;
9. Sustainability and Long-term Orientation, to take the interests of future generations into account;
10. Sound Financial Management, to ensure prudent and productive use of public funds;
11. Human rights, Cultural Diversity and Social Cohesion, to ensure that all citizens are protected and respected and that no one is either discriminated against or excluded;
12. Accountability, to ensure that local representatives and officials take responsibility and are held responsible for their actions.

VII. The Pan-European General Principles on Transfrontier Cooperation between Local and Regional Communities