‎Contents

‎Foreword

‎Acknowledgments

‎Introduction. The European Charter of Local Self-Government as an International Treaty with Constitutional Significance

‎Chapter 1. The Historical Legitimacy of the Charter

‎I. The Roots of Chartered Rights of Local Authorities

‎1. Charters as a Medieval Invention

‎2. Municipal Freedom as a Common European Modern Narrative

‎3. Local Self-Government as Autonomie Locale

‎II. The Origins of the Charter within the Council of Europe

‎1. A Tool for Municipal Federalism or for Federal Municipalism?

‎2. The Rocky Path towards the Charter’s Signature

‎3. The Efforts for Strengthening the Charter’s Obligations

‎3.1. The European Charter on Local and Regional Finances

‎3.2. The European Charter of Regional Self-Government

‎3.3. The Additional Protocol to the Charter

‎III. The Normative Guidance Beyond the Originary Council of Europe Borders

‎Chapter 2. The Charter as a Source of International, EU and Domestic Law

‎I. International Treaty Law

‎1. Undertakings à la Carte (Articles 1 and 12)

‎2. Techniques of Interpretation of the Charter

‎2.1. The Context of the Treaty: Subsequent Practice and Evolutive Approach

‎2.2. Council of Europe’s Established Practice

‎2.3. The “Margin of Appreciation” and the “Core Area” Doctrines

‎3. Sources of Monitoring Mechanisms

‎3.1. The “Weak” Monitoring Mechanism of the Charter (Article 14)

‎3.2. The “Strong” Monitoring Mechanism of the Congress

‎3.2.1. Legal Basis in Council of Europe Law

‎3.2.1.1. Monitoring Ex Officio

‎3.2.1.2. Monitoring upon Request

‎3.2.2. Legal Nature of Recommendations and Resolutions

‎3.3. Monitoring Mechanisms as a Tool for Ensuring Developmental Interpretation

‎II. The Charter’s Guarantees as General Principles of EU Law?

‎III. The Rank of the Charter under Domestic Law of Council of Europe Member States

‎Chapter 3. Concept and Design of Local Self-Government in Europe

‎I. The Charter’s Concept of Local Self-Government

‎1. Government: Substantial Share of Public Affairs

‎2. Local Government: Territorial Local Authorities

‎3. Local Self-Government: Own Responsibility and Democracy

‎3.1. Deliberative Bodies Ought to be Elected, Executive Bodies Can be Appointed

‎3.2. Universal Direct Suffrage

‎3.2.1. An Institutional Right to Direct Election in the Charter

‎3.2.2. An Individual Right to Direct Election in Protocol I ECHR

‎3.3. The Free Mandate of Local Elected Representatives

‎3.3.1. The Right to Compensation

‎3.3.2. The Incompatibilities Regime

‎3.4. Citizens as Holders of Other Limited Rights: Direct and Participatory Democracy

‎4. Constitutional Local Self-Government: Constitutional Guarantees

‎5. Conclusion—Institutional Arrangement of Neo-Corporatist Nature?

‎II. Institutional Design of Local Self-Government

‎1. The Principles and Rights on Allocation of Powers and Responsibilities

‎1.1. The Right to a Substantial Share of Basic Powers and Responsibilities Rooted in Law

‎1.2. The Right to Universal Jurisdiction of Local Authorities Closest to the Citizens

‎1.3. The Vertical Subsidiarity Principle as a Double Sided Coin: Decentralisation and Re-Centralisation

‎1.4. The Principle of Full and Exclusive Powers and Responsibilities

‎2. The Duty to Consult as a Principle of Loyal Cooperation

‎3. A Limited Right to Territorial Integrity

‎4. Freedom of Organisation

‎4.1. The Power to Shape and Adapt Administrative Structures

‎4.2. The Power of Staff-Recruitment and Principles on Conditions of Service

‎5. The Right to a Limited Administrative Supervision

‎5.1. Supervisory Procedures Established by Means of Law

‎5.2. Administrative Supervision Confined to Legality

‎5.3. Administrative Supervision Pursuant to Proportionality

‎6. Rights and Principles Ensuring Adequate Financial Conditions

‎6.1. The Principle of Adequate Own Financial Resources

‎6.2. The Principle of Concomitant Financing: Mandatory Compensation for Additional Tasks

‎6.3. The Right to Financial Autonomy: Local Taxes and Tax-Rate Fixation

‎6.4. Principles of Diversified and Buoyant Local Finance Systems

‎6.5. The Duty of the State to Establish Reasonable Equalisation Procedures

‎6.6. The Right to Consultation for the Establishment of Equalisation Procedures

‎6.7. General Purpose Grants Instead of Earmarked Grants

‎6.8. Taking Out Loans as a Residual Tool of Financing

‎7. The Right to Free Cooperation and Association

‎7.1. The Right to Inter-Municipal Cooperation

‎7.1.1. The Right to Cooperation and the Limits Set to be Coerced into It

‎7.1.2. The Right to Enter Interterritorial Cooperation Agreements

‎7.2. Association as a Freedom under the Charter, but not under the ECHR

‎8. The Right to a Judicial Remedy

‎III. Conclusions

‎Chapter 4. The Relevance of the Charter for International and Comparative Public Law

‎I. Advancing Public International Law

‎II. Establishing a European Constitutional Local Government Law

‎III. Integrating Different Local Government Models

‎Bibliography

‎Index