A formal document which contains the aims and principles of an organization or institution
The European Charter of Local Self- Government was adopted under the auspices of the Congress of the Council of Europe (not to be confused with the Council of the European Union) and was opened for signature by the Council of Europe's member states on 15 October 1985.
The Council of Europe, based in Strasbourg (France), now covers virtually the entire European continent, with its 47 member countries. Founded on 5 May 1949 by 10 countries, the Council of Europe seeks to develop throughout Europe common and democratic principles based on the European Convention on Human Rights and other reference texts on the protection of individuals.
Almost all Council of Europe member states are parties to the Charter - the exceptions are the three micro-states of Monaco, Andorra and San Marino. New member states of the Council of Europe are expected to ratify the Charter at the earliest opportunity.
The Charter commits the ratifying member states to guaranteeing the political, administrative and financial independence of local authorities.
The Charter 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 by secret ballot on the basis of direct, equal and universal suffrage
Local authorities, acting within the limits of the law, are to be able to regulate and manage a substantial share of public affairs under their own responsibility in the interests of the local population.
The Charter considers that public responsibilities should be exercised preferably by the authorities closest to the citizens, a higher level being considered only when the co-ordination or discharge of duties is impossible or less efficient at the level immediately below.
The Charter sets out the principles concerning the protection of local authorities' boundaries, the existence of adequate administrative structures and resources for the carrying out of their tasks, the conditions under which responsibilities are to be exercised, the financial resources of local authorities and the legal protection of local self- government.
It limits the administrative supervision of local authorities' activities to the verification of lawfulness only.
The principles of local self-government contained in the Charter apply to all categories of local authorities.
The principle of local self-government shall be recognised in domestic legislation, and where practicable in the constitution.
Članak 2. Ustavni i zakonski temelj lokalne samouprave U unutarnjem zakonodavstvu i, koliko je to moguće, u ustavu prihvaća se načelo lokalne samouprave.
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.
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 powers and responsibilities for specific purposes in accordance with the law. 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. 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. 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 the law.
Where powers are delegated to them by a central or regional authority, local authorities shall, insofar as possible, be allowed discretion in adapting their exercise to local conditions. 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.
Legal foundation – zakonski temelj Domestic legislation – unutarnje zakonodavstvo To denote – podrazumijevati, značiti Substantial – bitan, značajan Public affairs – javni poslovi Council – vijeće Assembly – skupština By secret ballot – tajnim glasovanjem Universal suffrage – opće biračko pravo
Scope- djelokrug Attribution of powers and responsibilities – dodjeljivanje ovlasti i dužnosti In accordance with law – u skladu sa zakonom Provision - odredba To have full discretion – imati potpunu slobodu With regard to – u odnosu na Competence – nadležnost Allocation – dodjela Undermine – onemogućiti Insofar as possible – koliko je moguće In due time - pravovremeno