ORGANIZATION OF LOCAL GOVERNMENT IN CZECH REPUBLIC ACCORDANCE WITH THE PROVISION OF THE EUROPEAN CHARTER OF LOCAL SELF-GOVERNMENT
Journal: LAW AND INNOVATIONS (Vol.1, No. 11)Publication Date: 2015-07-01
Authors : ;
Page : 154-162
Keywords : local government; the Czech Republic; the European Charter of Local SelfGovernment; decentralization; subsidiarity.;
Abstract
Problem setting: This article analyzes the organization of local government in the Czech Republic under the provisions of the Charter 1985. A wide range of the article is dedicated to norms of the Charter, and in what way they are implemented in Czech legislation. Directly highlighted the organization of local government institutions in the Czech Republic, either on the base level or the regional level, in accordance with European standards. It is noted which progressive steps were made by the Czech Republic towards improving its local government. Studying the experience of a country that had passed a way of local government development quite similar to the Ukrainian is undoubtedly very beneficial for our country. Especially important for Ukraine is the experience the Czech Republic related to improving the organization of local authorities in line with European standards. Analysis of recent researches and publications: The organization of local government and the reform of administrative processes in the Czech Republic were investigated in the works of A. Vydlakovoyi, V. Lemaka, M. Lendel, J. Mytrovky, N. Nyzhnyk. Target of research: The aim of our work is to analyze the condition of the legal framework of local government, to determine the level of organization of local government in the Czech Republic in light of the standards established by the European Charter of Local SelfGovernment and to identify improvements that have occurred in recent years. Article's main body: Among the 45 states that have ratified the European Charter of Local Self-Government, the Czech Republic is one of those countries that have the highest number of approved positions. Article 8 of the Constitution of the Czech Republic guarantees the local government. Section 7 of the Constitution of the Czech Republic containes more detailed rules. In addition, there is a considerable legislative basis of local government. Legal and financial regulation of local government in the Czech Republic clearly stipulates that the Czech local authorities, in accordance with Article 3 of the European Charter of Local SelfGovernment, regulate and manage a substantial share of public affairs under their own responsibility and in the interests of local people. The Czech Republic complies with the requirements of paragraph 1 of Article 4 of the Charter on consolidation of major powers of local government in the law, so that not only the norms of the Constitution, but laws accepted during the 2000s on local government corresponde to the Charter. As for the provisions set out in the paragraph 1 of the Article 9 of the Charter, there has been no cases of significant infringements of financial autonomy of local governments in the Czech Republic. Conclusions and prospects for the development: The representatives of the Congress of Local and Regional Authorities would welcome the ratification of the Additional Protocol to the European Charter of Local Self-Government on the right to participate in local affairs (CE No. 207) by the Czech Republic. In general, it should be noted that the Czech Republic deserves praise for substantial progress in local government since the early 2000s. The main thesis is that the legal framework established for the community self-government comply with the requirements of the Charter. But certainly there is a great prospect for further research of local government in the Czech Republic.
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