Lecture 4.

European standards of the local self-government (2 hrs)

This lecture is dedicated to the current problems of local government in Ukraine which can be solved by the implementation of the European municipal standards. Attention is paid to the activity of Council of Europe and the OSCE. The text of the standards is cited, the status of the standards (treaty / non-treaty) and the ways of its implementation in Ukraine are discussed.

Learning outcome: By the end of the lecture students should be able to analyze how to use the European municipal standards to improve the Ukrainian legislation in order to solve the current problems of local self-government in Ukraine.

Key terms of the topic:
European standards	Congress of Local and Regional Authorities
Ratification and implementation
Council of Europe	OSCE

Chapter XI of the Constitution of Ukraine and Law of Ukraine of 21.05.1997 “On Local Self-Government in Ukraine” were created according to the modern European standards. One of such standards is European Charter on Local Self-Government 1985. Opened for signature on 15 October 1985, the European Charter of Local Self-Government entered into force in 1988. On 1st January 2010 the Charter has been ratified by 42 out of the 47 Member States of the Council of Europe. It's the first internationally binding treaty that guarantees the rights of communities and their elected authorities.

The European Charter on Local Self-Government 1985 was ratified by Ukraine as one of the member States of the Council of Europe. Ukraine agrees that such a municipal standard (first in the world) was necessary:

- considering that the aim of the Council of Europe is to achieve a greater unity between its members for the purpose of safeguarding and realising 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;

- considering 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 decentralisation 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 fulfilment.

10 articles of the Charter are very similar to the norms of the Worldwide Declaration of Local Self-Government both in titles and in their contents:

- Article 2 – Constitutional and legal foundation for local self‑government;

- Article 3 – Concept of local self‑go­vern­ment;

- Article 4 – Scope of local self‑govern­ment;

- Article 5 – Protection of local authority boundaries;

- Article 6 – Appropriate administrative structures and resources for the tasks of local authorities;

- Article 7 – Conditions under which responsibilities at local level are exercised;

- Article 8 – Administrative supervi­sion of local authorities' activ­i­ties;

- Article 9 – Financial resources of local authori­ties;

- Article 10 – Local authorities' right to associate;

- Article 11 – Legal protection of local self‑gove­rnm­ent.

The biggest part of the European standards of the local self-government is introduced by the Council of Europe. According to the information on the Council’s Website, the Council of Europe has always recognised the crucial importance of democracy at local and regional level. That is the reason for its commitment to promoting a style of local self-government that meets the needs of the citizens wherever they may be. The Conference of Local Authorities of Europe was created within the Council in 1957. It becomes then, the Conference of local and regional authorities, bringing together the elected representatives of the local and regional communities. In 1994 the Congress of Local and Regional Authorities succeeded the Conference as a Council of Europe consultative body. Being intended to genuinely represent both local and regional authorities, it comprises two chambers: the Chamber of Local Authorities and the Chamber of Regions. “Democracy begins in the towns and villages of Europe. There is no democracy without local democracy”, - Giovanni Di Stasi, Past President of the Congress, stresses.

The Congress consists of President, Bureau, Chamber of Local Authorities, Chamber of Regions, statutory committees, working groups and Secretariat.

The President's role is to direct the political activities of the Congress and its Chambers, to carry out Congress policy and to represent the Congress vis-à-vis other international organisations, within the context of the Council of Europe's general policy on external relations. The President of the Congress ensures that decisions taken by the Congress are implemented and reacts on behalf of the Congress to current developments. He or she also presents the activities of the Congress and the texts that it has adopted to the Parliamentary Assembly and Committee of Ministers of the Council of Europe.

The Bureau of the Congress is responsible for preparing proposals relating to general policy, the budget and election observation missions. Comprising the Bureaux of the Chamber of Local Authorities and the Chamber of Regions, the Bureau's task is to ensure that work goes on at times when neither the Standing Committee nor the Congress is meeting. The Bureau is also responsible for preparing for Congress sessions and for coordinating the work of the Chambers and statutory committees. It may also draw up reports and submit these to be considered and voted on by the Chambers and the Congress. It decides on and updates the apportionment of full members' seats on the statutory committees, as well as the list of member states which send representatives to the Chamber of Regions in a solely advisory capacity.

As a general rule, meetings of the Bureau take place in camera. The Bureau of the Congress may, however, decide to invite observers to some or all of its meetings and may hold hearings of individuals and organisations. The Bureau may also, at its own discretion, invite to some or all of its meetings, in an advisory capacity, the chairpersons of political groups, statutory committees and working groups, as well as the rapporteur of one of the statutory committees and/or of a working group.

The Chamber of Local Authorities of the Congress concentrates mainly on studying the situation of local democracy and on observing local elections in the 47 Council of Europe member states. The Chamber also deals with societal issues and encourages initiatives promoting cohesion in European towns and cities. Citizen participation, intercultural dialogue, e-democracy and respect for equality and diversity are examples of the areas in which it works. It also endeavours to promote the principles of local democracy outside Europe, inter alia through Euro-Arab dialogue between cities and Euro-Mediterranean co-operation. Twice a year, during the sessions of the Congress, the Chamber of Local Authorities meets to consider substantive and current issues relating to the local dimension in Europe. Its Bureau meets regularly, holding discussions and preparing draft recommendations and resolutions to be submitted for adoption during sessions.

The Chamber of Regions. Many of the Council of Europe's member states nowadays rely on their regions for progress in terms of economic and social development, as well as deriving great benefit from their regional diversity. Which forms of governance and regional self-government should they adopt? How can co-operation between Europe's regions be promoted? What role can intra-regional transport play in regional cohesion? How can good governance contribute to sustainable economic development in the regions? These are just a few of the subjects on which the Chamber of Regions of the Congress works. Chamber members represent authorities at a level between central and local government which have either self-governing or state-like powers. In order to qualify regions must effectively have the capacity to take full responsibility, in the interests of their communities, for a substantial share of matters of public concern, in accordance with the principle of subsidiarity. Member states which have regions with legislative powers, in particular, should send members of those regional authorities to the Chamber of Regions.

Nowadays there are 3 Statutory Committees of the Congress of Local and Regional Authorities. The Congress priorities 2011-2012 were adopted during its reform process, in October 2010, and aim at strengthening its role as the main contributor to the Council of Europe's action in the field of democracy and human rights at local and regional level. In parallel to the adoption of its priorities, the Congress modified its structure and working methods with the creation of three new committees: Monitoring Committee, Governance Committee and Current Affairs Committee. Their terms of reference were examined and approved by the Congress Bureau on 3 December 2010.

Monitoring Committee. The Committee on the Honouring of Obligations and Commitments by member states of the European Charter of Local Self-Government - Monitoring Committee - is responsible, in particular, for monitoring the application of the Charter as well as institutional developments in Europe’s regions, for preparing reports on the situation of local and regional democracy in Europe and for monitoring specific questions related to local and regional democracy in the member states.

Governance Committee. The Governance Committee is responsible for affairs falling within the scope of the Congress' statutory mandate such as governance, public finance, cross-border and interregional co-operation and e-democracy as well as co-operation with intergovernmental bodies.

Current Affairs Committee. The Current Affairs Committee is responsible for studying the role of local and regional authorities with regard to the major challenges of our society and preparing work on thematic issues such as social cohesion, education, culture and sustainable development from the point of view of the Council of Europe's core values.

There are 2 working groups of the Congress: the Group of Independent Experts on the European Charter of Local Self-Government and the Congress/Committee of the Regions contact group. The Group of Independent Experts on the European Charter of Local Self-Government helps the Institutional Committee to carry out its responsibilities under the Statute, particularly by collecting information about local and regional self-government, providing technical assistance to elected representatives and helping to interpret and exploit the potential of the provisions of the European Charter of Local Self-Government. The Congress/Committee of the Regions contact group is tasked with improving high-level contacts between members of the Congress of Local and Regional Authorities of the Council of Europe and members of the EU's Committee of the Regions, with a view to developing co-operation between the two institutions.

The main activities of the Congress are:

1) monitoring;

2) fact-finding missions;

3) observation of elections;

4) support programmes.

1. Monitoring allows the evaluation of the implementation of the European Charter of self government. The core mission of the Congress is the effective monitoring of the situation of local and regional democracy in member states by assessing the application of the European Charter of Local Self-Government, adopted in 1985. To be effective, this monitoring must be regular, and it should not be limited to the production of reports and recommendations. It must also be part of an ongoing political dialogue with the different levels of governance in the country.

Through this process of monitoring, the Congress contributes, at territorial level, to the main objectives of the Council of Europe, which are to advance democracy and human rights on our continent.

2. Fact-finding visits by the Congress. Fact-finding visits, carried out in the course of the Congress' monitoring duties, are organised when the situation in a particular country gives rise to concern or needs to be clarified in the light of one or more of the provisions of the European Charter of Local Self-Government. During these visits delegations have met local elected representatives, governmental authorities, members of parliament, representatives of national associations of local and regional authorities and academics.

3. Election observation missions complementing the system for monitoring local democracy. The Congress of Local and Regional Authorities has been taking part in the observer missions for local elections in the 47 Council of Europe member countries and beyond since 1990, and for example it was also involved in election observations in Israel in 2008. The Congress has conducted almost 100 election observation missions to date. Observing local elections is one of the Congress’s action priorities. This activity complements the political monitoring of the European Charter of Local Self-Government, which constitutes the cornerstone of local democracy in Europe. In 2007, the 47 Council of Europe member states consolidated the Congress’s unique role in this field through the intermediary of the Committee of Ministers.

4. Support programmes. The Congress actively participates in projects aiming at reinforcing local democracy and trans-border co-operation in Europe. That is why it is encouraging the creation of Associations of Local and Regional Authorities such as LDA, NALAS, ENTO or NALAG. These projects are supported by the Congress, with its experience notably in the fields of training.

Some of the Congress’ supporting programmes are:

- Local Democracy Agencies (ADL). Created by the Congress of Local and Regional Authorities of the Council of Europe, the Local Democracy Agencies (LDAs) were conceived so as to furnish the municipalities devastated by warfare in the former Yugoslavia with assistance under a partnership arrangement with towns in Western Europe;

- Euroregions of the Council of Europe. The Congress launched the establishment Euroregions around these seas such as, the Adriatic Euroregion and the Black Sea Euroregion project. These Euroregions are new associative structures, which bring together coastal cities and regions in order to achieve a sustainable management of their sea basins according to the specific needs of coastal populations;

- European Network of Local and Regional Authority Training Establishments (ENTO). ENTO is a European network grouping together the local and regional authority training establishments of virtually all of the Council of Europe’s 47 member states. First thought up by the Council of Europe, ENTO has, since 1995, been an independent association grouping a very wide variety of members;

- National Association of Local Authorities of Georgia (NALAG). The association was set up to represent, at national level, the interests of all of Georgia's local authorities and to encourage the development of a culture of partnerships between local and central authorities, the association strives to improve local democracy;

- Network of Associations of Local Authorities of South-East Europe (NALAS). The NALAS network was set up in 2001 to further the process of democratisation and decentralisation in south-east Europe and is made up of the national associations of local authorities from the region.

Since it was set up, the Congress has drawn up a number of international treaties, including the European Charter of Local Self-Government, which has become the international benchmark in this field, laying down common European standards to protect local authorities' rights. The main municipal standards introduced by the Congress of Local and Regional Authorities are:

- the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities (1980 and its three protocols). The Convention is intended to encourage and facilitate the conclusion of cross-border agreements between local and regional authorities within the scope of their respective powers. Such agreements may cover regional development, environmental protection, the improvement of public services, etc., and may include the setting up of transfrontier associations or consortia of local authorities;

- the Convention on the Participation of Foreigners in Public Life at Local Level (1992). The Convention aims to improve integration of foreign residents into the life of the community. It applies to all persons who are not nationals of the Party and who are lawfully resident on its territory;

- the European Charter for Regional or Minority Languages (1992). The Charter is a convention designed on the one hand to protect and promote regional and minority languages as a threatened aspect of Europe’s cultural heritage and on the other hand to enable speakers of a regional or minority language to use it in private and public life. Its overriding purpose is cultural;

- European Code of conduct for the political integrity of local and regional elected representatives (1999). The purpose of this code is to consolidate the relationship between citizens and local and regional policy-makers by setting out, at European level, ethical principles approved by the delegates of Europe’s local and regional elected representatives. The Congress invites national governments and national associations of local and regional authorities of the member states to detail the standards and principles established by the code in their national legislation and in ethical codes;

- European Landscape Convention (2000). The Convention aims to encourage public authorities to adopt policies and measures at local, regional, national and international level for protecting, managing and planning landscapes throughout Europe. It covers all landscapes, both outstanding and ordinary, that determine the quality of people’s living environment. The Convention proposes legal and financial measures at the national and international levels, aimed at shaping "landscape policies" and promoting interaction between local and central authorities as well as transfrontier cooperation in protecting landscapes.

- Revised European Charter on the Participation of Young People in Local and Regional Life (2003). The Charter is a tool to support young people, youth workers, youth organisations and local authorities in promoting and enhancing meaningful youth participation at local and regional level across Europe;

- the European Urban Charter II - Manifesto for a new urbanity. The Urban Charter, adopted by the Congress of Local and Regional Authorities of the Council of Europe in 1992, was a ground breaking step for Europe and marked a key stage in the necessary recognition of the urban phenomenon in the development of our societies. The European Urban Charter II - Manifesto for a new urbanity, adopted in May 2008, complements and updates the original Congress contribution and offers a new approach to urban living, urging European countries to build sustainable towns and cities.

- Council of Europe Reference Framework for Regional Democracy (2009). The European Charter of Local Self-Government was passed by the Congress. Opened for signature by Council of Europe member states on 15 October 1985, it came into force on 9 September 1988. This Charter sets out the principle that effective local self-government is essential to democracy. The Charter serves as a model for legislative reform in the new democracies. Some states have already incorporated its principles into their constitutions.

One more international organization that supports democratical local self-government in Europe is OSCE - Organization for Security and Co-operation in Europe. With 56 States from Europe, Central Asia and North America, the OSCE is the world's largest regional security organization. It offers a forum for political negotiations and decision-making in the fields of early warning, conflict prevention, crisis management and post-conflict rehabilitation, and puts the political will of its participating States into practice through its unique network of field missions.

The OSCE has a comprehensive approach to security that encompasses politico-military, economic and environmental, and human aspects. It therefore addresses a wide range of security-related concerns, including arms control, confidence- and security-building measures, human rights, national minorities, democratization, policing strategies, counter-terrorism and economic and environmental activities.

All 56 participating States enjoy equal status, and decisions are taken by consensus on a politically, but not legally binding basis.

The activity of the OSCE is various as the security touches on many aspects of the way we live and are governed. The OSCE's comprehensive view of security covers three “dimensions”: the politico-military; the economic and environmental; and the human. The OSCE's activities cover all three of these areas, from "hard" security issues such as conflict prevention to fostering economic development, ensuring the sustainable use of natural resources, and promoting the full respect of human rights and fundamental freedoms. The municipal government benefits the most from the following activities of the OSCE:

- conflict prevention and resolution. The OSCE works to prevent conflicts from arising and to facilitate lasting comprehensive political settlements for existing conflicts. It also helps with the process of rehabilitation in post-conflict areas;

- elections. The OSCE is a leading organization in the field of election observation. It conducts election-related activities across the 56 participating States, including technical assistance and election observation missions;

- good governance. The OSCE assists OSCE participating States in fighting corruption and in building democratic, accountable state institutions;

- human rights. Respect for human rights and fundamental freedoms forms a key part of the OSCE's comprehensive security concept. The OSCE monitors the human rights situation in its 56 participating States;

- tolerance and non-discrimination. The OSCE actively supports its 56 participating States in combating all forms of racism, xenophobia, and discrimination, including anti-Semitism, and discrimination against Christians and Muslims.

Ukraine actively supports the work that aims to create European municipal standards, ratify and implement them in the national legislation. But because of some problems that are typical for every young democracy, not all of the standards are part of the Ukrainian legislation yet. It is essential that the efforts of our country are recognized by the Council of Europe, the OSCE and other international organizations. They give Ukraine the support in building the democratical local self-government.

Mandatory reading:

1. Constitution of Ukraine.

2. The Convention on the Participation of Foreigners in Public Life at Local Level (1992), the text is included.

Recommended reading:

1. Constitution of Ukraine.

2. Law of Ukraine of 21.05.1997 ‘On Local Self-Government in Ukraine’.

3. Council of Europe Reference Framework for Regional Democracy (2009). Available at: http://www.coe.int/t/congress/dev/texts/conventions/cadre_reference_EN.asp

4. Revised European Charter on the Participation of Young People in Local and Regional Life (2003). Available at: http://www.coe.int/T/Congress/4-Texts/conventions_en.asp.

5. The Charter for European Urbanism (1993). Available at: http://www.ceunet.org/charter.html.

6. The European Charter for Regional or Minority Languages (1992). Available at: http://www.coe.int/T/Congress/4-Texts/conventions_en.asp.

7. The European Code of conduct for the political integrity of local and regional elected representatives (1999). Available at: http://book.coe.int/EN/ficheouvrage.php?PAGEID=36&produit_aliasid=2494lang=EN

8. The European Convention on the Participation of Foreigners in Public Life at Local Level (1992). Available at: http://www.coe.int/T/Congress/4-Texts/conventions_en.asp.

9. The European Landscape Convention (2000). Available at: http://www.coe.int/T/Congress/4-Texts/conventions_en.asp.

10. The European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities (1980 and its three protocols).

11. The European Urban Charter (1992). Available at: http://www.coe.int/T/Congress/4-Texts/conventions_en.asp.

12. The European Urban Charter II - Manifesto for a new urbanity. Available at: http://book.coe.int/sysmodules/RBS_page/admin/redirect.php?id=36&lang=EN&produit_aliasid=2388

14. Council of Europe. Available at: http://www.coe.int/

15. Congress of Local and Regional Authorities. Available at: http://www.coe.int/t/congress/default_en.asp

16. Organization for Security and Co-operation in Europe. Available at: http://www.osce.org

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