Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
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Vol. 41, Nº 77 (2023), 285-297
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Legislative Support Standards in the
European Union in the Field of Building a
System of Local Self-Government
DOI: https://doi.org/10.46398/cuestpol.4177.19
Iryna Lychenko *
Natalia Lesko **
Nataliia Pavliuk3***
Zoryana Dobosh4****
Rostyslav Bundz5*****
Abstract
Through a documentary research design that combined
induction and deduction, comparison and systematization,
synthesis and analysis with abstract-logical thinking. The main
objective of the study was to identify the key aspects of the
legislative support rules in the countries of the European Union, in
the eld of building a system of local self-government. The European Union
during the history of its existence has developed a set of rules on which the
systems of local self-government of member states and applicants for this
status are built. The complexity and importance of legislative regulation of
the functioning of this system is evidenced by the fact that the legislation
and principles of international law used by the union in the eld of local
self-government are among the “youngest”. It is concluded that this is due
to the role of local self-government in the development of a democratic
political system, as well as the search for an optimal balance between
centralization and decentralization. As a result of the study, current trends
and prerequisites for legislative support standards in European Union
countries were investigated.
Keywords: European Union; legislative support; democratic political
system; local self-government; local authorities.
* Doctor of Juridical Science, Institute of Law, Psychology and Innovative Education, Lviv Polytechnic National
University, 79059, Lviv, Ukraine. ORCID ID: http://orcid.org/0000-0002-4838-3579
** Doctor of Juridical Science, Institute of Law, Psychology and Innovative Education, Lviv Polytechnic
National University, 79059, Lviv, Ukraine. ORCID ID: https://orcid.org/0000-0002-1790-8432
*** PhD., in Law, Institute of Law, Psychology and Innovative Education, Lviv Polytechnic National
University, 79059, Lviv, Ukraine. ORCID ID: https://orcid.org/0000-0001-6108-9713
**** PhD., in Law, Institute of Law, Psychology and Innovative Education, Lviv Polytechnic National
University, 79059, Lviv, Ukraine. ORCID ID: https://orcid.org/0000-0002-3680-7207
***** PhD., in Law, Institute of Law, Psychology and Innovative Education, Lviv Polytechnic National
University, 79059, Lviv, Ukraine. ORCID ID: https://orcid.org/0000-0002-3651-4068
286
Iryna Lychenko, Natalia Lesko, Nataliia Pavliuk, Zoryana Dobosh y Rostyslav Bundz
Legislative Support Standards in the European Union in the Field of Building a System of Local
Self-Government
Normas de apoyo legislativo en la Unión Europea
en el ámbito de la construcción de un sistema de
autogobierno local
Resumen
Mediante un diseño de investigación documental que conjugo la
inducción y deducción, comparación y sistematización; síntesis y análisis
con el pensamiento abstracto-lógico. El objetivo principal del estudio fue
identicar los aspectos clave de las normas de apoyo legislativo en los países
de la Unión Europea, en el campo de la construcción de un sistema de
autogobierno local. La Unión Europea durante la historia de su existencia
ha desarrollado un conjunto de normas sobre las cuales se construyen los
sistemas de autogobierno local de los Estados miembros y solicitantes de
este estatus. La complejidad y la importancia de la regulación legislativa
del funcionamiento de este sistema se evidencia en el hecho de que la
legislación y los principios del derecho internacional utilizados por la unión
en el campo de la autonomía local se encuentran entre los “más jóvenes”.
Se concluye que esto se debe al papel que juega el autogobierno local en el
desarrollo de un sistema político democrático, así como a la búsqueda de un
equilibrio óptimo entre centralización y descentralización. Como resultado
del estudio, se investigaron las tendencias actuales y los requisitos previos
para los estándares de apoyo legislativo en los países de la Unión Europea.
Palabras clave: Unión Europea; apoyo legislativo; sistema político
democrático; autogobierno local; autoridades locales
Introduction
Local self-government as self-organization, regulation, and management
of territorial communities, independently solving important issues of local
life, is one of the most striking phenomena of European civilization.
Among a large number of common assets of mankind, among which
respect for the choice of peoples of state forms of their existence, the
desire for peace between states, and respect for human rights, local self-
government occupies a special place. Local self-government, rstly, is the
original and natural form of existence of human communities; secondly,
it made the main contribution to the formation of statehood, since it
historically preceded the development of a state-organized society, which
borrowed and raised many organizational and organizational-legal forms
of interaction between government and society to the state level; thirdly,
it plays an important role in the formation and functioning of modern
democratic statehood based on the principles of democracy and the
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Vol. 41 Nº 77 (2023): 285-297
priority of human rights over the rights of the state; fourthly, today it is
included in the list of issues that are the subject of not only national but also
international legal regulation. Proceeding from this, the phenomenology of
local self-government is based on the synergy of national and international
legal order.
All these features also apply to the institution of local self-government
functioning in the territory of the European Union. Let us consider in more
detail these features of local self-government in the context of the national
and international components.
Regarding the national component of local self-government, it should be
noted that in the modern world it acts as a complex and multifaceted social
phenomenon and legal institution, enshrined in the constitutions of the
vast majority of member states of the international community, as well as
member states of the European Union. However, despite the constitutional
legalization of local self-government in these sovereign entities, there is
an ambivalent approach to it on the part of the state, manifested in the
presence of a constant dichotomy of “centralization - decentralization”
regarding the competent powers of the institution of local self-government,
its subjects and bodies.
1. Materials and methods
For a more detailed study of the development of the legislative support
standards in the countries of the European Union in the eld of building
a system of local self-government, the following methods were used:
induction and deduction, comparison and systematization; synthesis and
analysis; abstract-logical - for theoretical generalizations and conclusions
of the study.
To more accurately reect the main aspects of legislative regulation and
the development of local self-government in the European Union, we used
the IDEF0 functional modeling method.
2. Literature review
According to modern scientic research, the source of European legal
standards of local self-government are international treaties concluded
under the auspices of the Council of Europe. The solemn ceremony of
Ukraine’s accession to the Council of Europe took place on November
9, 1995, in Strasbourg. The Council of Europe has always recognized the
importance that democracy plays at the local and regional levels.
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Iryna Lychenko, Natalia Lesko, Nataliia Pavliuk, Zoryana Dobosh y Rostyslav Bundz
Legislative Support Standards in the European Union in the Field of Building a System of Local
Self-Government
Protection and strengthening of local and regional authorities, and local
self-government as a whole has gradually become one of the key activities
of this organization. Back in 1957, the Permanent Conference of Local and
Regional Authorities of Europe was founded in the structure of the Council
of Europe for local authorities (Asheim et al., 2011; Green et al., 2013;
Durmuş, 2020).
The Council of Europe is working to ensure that local authorities are
properly represented. On January 14, 1994, by the decision of the Committee
of Ministers of the Council of Europe, the Congress of Local and Regional
Authorities of Europe was established, which replaced the Permanent
Conference. In 2003, the name “Congress of Local and Regional Authorities
of Europe” was changed to “Congress of Local and Regional Authorities of
the Council of Europe”.
According to scientic sources, one of the sources of European law is the
European Framework Convention on Transfrontier Cooperation between
Territorial Communities or Authorities of May 21, 1980 (Kemeny and
Storper, 2014; Droniv, 2018).
This convention governs any joint action aimed at strengthening and
deepening good neighborly relations between communities, authorities, or
bodies of neighboring states exercising local and regional functions, and
are recognized as such in accordance with the internal legislation of each
of the states.
The Convention recognizes the right of local and regional authorities
to cooperate beyond national borders within the limits of their powers
established by domestic law on the creation of common public services,
the construction of common facilities, or environmental protection with
the same-name subjects of foreign countries that are adjacent. It creates a
regulatory framework for the emergence of the so-called European regions
and a clear teleological direction - the establishment of interaction between
regions of dierent countries in order not only to improve the welfare of the
population but also to improve the system of regional governance and self-
government (Kryshtanovych et al., 2021).
Two additional protocols were signed by the member states of the Council
of Europe in Strasbourg to the Framework Convention of 1980. The rst of
these is the Additional Protocol to the European Framework Convention on
Transfrontier Cooperation between Territorial Communities or Authorities
of November 9, 1995 (Sylkin et al., 2021).
Analysis of scientic publications (Adusei-Asante, 2012) on foreign
experience of decentralization shows that for countries in transition, the
most eective way to profoundly change social relations and improve
the living standards of the population, increase the potential of local
development is expanded decentralization. The experience of developed
European countries is a conrmation.
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3. Research Results and Discussions
Analyzing the experience of international practice of organizing local
self-government, we see completely dierent types, models and systems
of local self-government. Most of the politically and socio-economically
stable European states have gone through generally similar stages of their
development and, in this regard, have many common features.
In particular, the general nature of the powers of local self-government
and their ocials, a similar mechanism of interaction between state and
municipal bodies in the process of local self-government. Common and
fundamental for all is that the state controls the exercise of powers by local
self-government bodies (Kryshtanovych et al., 2020).
Other charters and conventions of the Council of Europe are of particular
interest in the issue of Local Self-Government (Table 1).
Table 1: Charters and conventions of the Council of Europe which are of
particular interest in the issue of Local Self-Government.
№Charters and conventions
1The European Charter for Regional or Minority Languages, which was
signed in 1992, but entered into force only in 2006
2 European Local Charter
3
The European Charter for the participation of young people in public
life at the local and regional level 2003, although not have the status of a
convention, but the main provisions of which provide an increase in the
ability of young people to integrate into the local community and to realize
their abilities at the national level
Source: authors.
But, of course, the main attention should be paid to the European Charter
of Local Self-Government of October 15, 1985, as one of the main sources
that should be used for the development of capable local self-government in
Europe. This document was adopted by the Council of Europe on October
15, 1985, as a result of many years of work on various European structures
and is evidence of the importance of local self-government as a necessary
attribute of a democratic society. The Charter has been in development for
17 years (Gawłowski et al.,2020).
An analysis of the principles enshrined in the Charter of Local Self-
Government shows that modern Europe sees the most important
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Iryna Lychenko, Natalia Lesko, Nataliia Pavliuk, Zoryana Dobosh y Rostyslav Bundz
Legislative Support Standards in the European Union in the Field of Building a System of Local
Self-Government
element of democracy in local self-government. First of all, we are talking
about reducing the role of the state to the necessary minimum, limiting
bureaucratic pressure from the bureaucracy, which contributes to the
involvement of people in the values of democracy. The experience of self-
government, and most importantly, the skills developed by it, instill in the
population a sense of civic responsibility for making decisions on local
development (Hidalgo,2021).
The Charter of Local Self-Government consists of a preamble, three parts,
and 18 articles. Consequently, a small Charter of Local Self-Government
denes a set of basic principles, the presence of which in the legislation and
their observance in practice in a given country allows us to conclude the
presence, absence, or degree of development of local self-government.
The very concept of local self-government is spelled out quite clearly
in the Charter because we are talking about the widespread involvement
of citizens in the management of their territories and the independent
resolution of issues of local importance in the interests of the territorial
community. Local self-government thus becomes a special form of “public
power”, whose activities are regulated exclusively by law (state power is
removed directly from public power, which is formed by the territorial
community) (Sylkin et al., 2021).
Also, thanks to the introduction of the principles of local self-
government into the real social practices of individual countries,
mechanisms for equalizing the development of all territories of the state
are used. The European Charter requires the protection of nancially
weak «local authorities», and the introduction of procedures to eliminate
nancial imbalances in order to overcome the consequences of an unequal
distribution of potential sources of funding. Local self-government is thus
guaranteed by the Constitution because the conformity of the volume of its
nancial resources and functions is guaranteed by law.
Article 4 of the European Charter xes the requirement of a separate
law or the Constitution of the country regarding the real implementation,
completeness, and exclusivity of the powers of local self-government, which
cannot be inuenced by government bodies. The powers vested in local self-
government bodies, as a rule, must be complete and exclusive. They cannot
be canceled or limited by another, central or regional authority unless
this is provided for by law. According to article 10 of this document, local
governments are granted the right to cooperate with local governments of
other states (Kryshtanovych et al., 2021).
Especially that the obligations assumed by the participants of the
convention are clearly dened. But at the same time, it is possible to
adapt the Charter to the legal and organizational-administrative features
of the member countries of the Council of Europe. This is achieved by the
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possibility for the parties to the Charter to exclude certain provisions from
those that may be considered binding on them, but such exceptions cannot
aect the basic principles of the Charter.
Thus, a certain compromise is assumed between the recognition of the
fact that local self-government aects the system-structural organization of
the state as a whole, which is quite specic for each individual country, and
the need to ensure a minimum set of principles that must be respected and
observed in any democratic state.
Despite signicant measures directed and stimulating this process,
today the issue of normative regulation of local self-government reforms
and their implementation faces signicant obstacles and diculties (Fig.1).
)
Fig.1. The main obstacles and diculties that negatively aect building a system
of local self-government. Source: authors.
The presence of local governments’ own sources of nancial income is
usually enshrined in the constitutions and current legislation of foreign
countries, and federative states - in the constitutions and legislation of the
subjects of the federation. For example, in Italy, the constitution provides
for nancial autonomy for the regions «in the forms and within the limits
established by the laws of the Republic, which bring it into line with the
nances of the state, provinces, and communities.» The revenues of the
regions are the share of state taxes (depending on the needs of the regions);
special funds allocated by the state to perform certain tasks and local taxes
(Kryshtanovych et al., 2022).
There are 13 thousand of local budgets in Great Britain. Top-level budgets
of administrative units are not consolidated against lower-level budgets. In
Germany, the consolidated state budget is not approved but published as
a statistical indicator. In Italy, local budgets are not included in the state
budget. Regions, provinces, and communes have independent budgets. In
addition, local governments of European states conduct specic economic
activities, operate the relevant companies and services, and manage their
property.
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Iryna Lychenko, Natalia Lesko, Nataliia Pavliuk, Zoryana Dobosh y Rostyslav Bundz
Legislative Support Standards in the European Union in the Field of Building a System of Local
Self-Government
This corresponds to the corporate status of municipal bodies, the
institution of municipal property, and the contractual form of economic
relations of the municipality with private entrepreneurs. Municipalities are
endowed with the status of corporations of public law, and their property is
treated as public property.
Since the subject of municipal property rights is not the state as a
whole, but individual municipal bodies, this property is singled out as an
independent type of public property along with state property. Acting as a
public law corporation, municipalities have the right to acquire property,
own, use, and dispose of it, act in civil law relations, and also bear civil
liability.
Taking into account the experience of European countries in reforming
individual institutions and local self-government as a whole, it is also
necessary to take into account the direction of pan-European trends and
the dynamics of the evolution of local self-government. Such trends indicate
that there is a gradual decrease in quantitative and qualitative dierences
in the powers of local governments.
The decisive inuence, in this case, is exerted by the universalization of
the principles of self-government on the basis of international legal acts,
in particular the European Charter of Local Self-Government, which has
developed a common policy for Europe in the eld of local government. The
next dynamic feature of the evolution of self-government is a signicant
expansion of the powers of its bodies. This can be explained by the active
development of democracy, the complication of life on the ground, and
the improvement of the material and nancial capabilities of local power
structures.
The experience of public administration reforms in European countries
has shown that the boundaries of decentralization are determined by the
specics of relations between the center and individual territories. The
political decentralization and commercialization of public services in the
UK, the increasing role of communes and the gradual transition to market
relations in management in Germany, administrative reforms, and the
activation of local communities in France - all these measures reect one
or another type of decentralization, which other European countries are
guided by.
Another trend is to strengthen the role of integration of local self-
government into state mechanisms of political governance. This trend is
manifested through the coordination of the legislation of dierent countries
on local self-government, including electoral legislation, through increased
inuence on the functioning of national systems of local government, as well
as increased control by state authorities in the eld of local government.
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But no less important sign of the dynamics of the development of self-
government is the rethinking of the traditional view of municipalities as the
main providers of local goods and services. The provision of services to the
population is gradually ceasing to be the main function of local authorities
(the scientic literature speaks of the “pluralization” of this process). At
the forefront are such tasks as management, supervision, inspection, and
coordination.
The role of municipal authorities is increasingly seen as the so-
called «providing» authorities, solving the following fundamental tasks:
identifying the urgent needs of the population; setting specic priorities;
dening the standards of services provided, and nding the best ways to
ensure these standards; cooperation with central and regional authorities
in solving problems of local importance; inspection and coordination of the
activities of various organizations operating at the local level, cooperation
with them (mainly on a contract basis); lobbying for local communities;
implementation of feedback between service consumers and their direct
providers using democratic mechanisms.
For a better understanding of the process of introducing and reforming
local self-government, we used the methodology of functional modeling
IDEF0.
Yes, the rst step of our model will be the formation of a primary
tree of goals, where the ultimate goal will be marked with the symbol A0
(Implementation of an eective system of local self-government in the
European Union), and the main stages of its achievement will be marked
with the symbols A1-A3 (Fig. 2).
Implementation of an effective system of local self-
government in the European Union
A0
А3
А2
А1
Introduction of
economic
freedoms due to
economic
competition
between the local
and regional level
Сarrying out
democratization in
the country by
granting and
developing local
and regional
autonomy
The most
effective
response to
solving local
problems
Fig.2. The tree of goals of the process of achieving the nal goal A0 -
Implementation of an eective system of local self-government in the European
Union. Source: authors.
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Iryna Lychenko, Natalia Lesko, Nataliia Pavliuk, Zoryana Dobosh y Rostyslav Bundz
Legislative Support Standards in the European Union in the Field of Building a System of Local
Self-Government
So, as we see from Figure 2, as a result of the analysis of scientic literature,
we identied three main elements for the successful implementation of
the local self-government system, which was formed on the basis of the
experience of these processes in the European Union (Kryshtanovych et al.,
2022).
The next step in the implementation of the functional model IDEF0 we
have chosen will be to determine the main components of the successful
implementation of the main goal A0. For a better understanding, these
components were divided into four groups: control elements, mechanisms,
input and output elements. To do this, we have formed a context map of the
process of ensuring the goal A0 (Fig.3.).
Implementation of an effective
system of local self-government in
the European Union
C1
M1
І1
National legal
framework of
local self-
government
European Union
legal framework
Formation of the optimal system of
local self-government
Organizational and
technical means
Financial, material,
intellectual resources A0
C2
M2
Technical staff
O1
O2
Information on the process of
reforming and developing the local
self-government system
Fig.3. Context map of the process of ensuring the goal A0 - Implementation of
an eective system of local self-government in the European Union. Source:
authors.
As we can see from Figure 3, for the eective formation of legislative
support for local self-government, there is a need for both input and
intermediate resources that will provide this process throughout the entire
period of achieving the A0 goal.
The nal step of our functional modeling model IDEF0 will be the
formation of Decomposition of achieving the nal goal A0 - Implementation
of an eective system of local self-government in the European Union
(Fig.4).
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CUESTIONES POLÍTICAS
Vol. 41 Nº 77 (2023): 285-297
Information about
the progress of the
stage A2
Information about the
progress of the stage
A3
Сarrying out democratization in the
country by granting and developing
local and regional autonomy
Introduction of economic
freedoms due to economic
competition between the local
and regional level
The most effective response to
solving local problems
A1
A2
A3
M2M1
Control over the progress of the
stage
A2
Control over the progress of
the stage
A3
Control over the
progress of the
stage
A1
C1 C2
Information about the
progress of the stage A1
O2
O1
І1
Fig.4. Decomposition of achieving the nal goal A0 - Implementation of an
eective system of local self-government in the European Union. Source:
authors.
The experience of the countries of the European Union testies to the
plurality of approaches to the organization of self-government. The most
common of these are the introduction of models of local autonomy and
decentralization. It was decentralization that became the main slogan of the
reform of local self-government in Europe. The dierence in the conceptual
forms of decentralization is explained by the peculiarities of historical
development, geographical location, national and religious characteristics,
and the development of culture.
Conclusions
Thus, it can be noted that the legislation of the EU itself does not have
specic requirements for building a system of local self-government. The
founding documents of the EU guarantee support to local authorities when
their activities are related to the functioning of the EU. At the same time,
the documents of the Council of Europe contain the most complete system
of standards for the activities of local governments, the purpose of which is
to protect human rights, traditional European values of democracy, and the
rule of law. As a rule, all conventions of the Council of Europe are ratied
by European countries, and all EU members and are considered the most
advanced in their eld.
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Legislative Support Standards in the European Union in the Field of Building a System of Local
Self-Government
Today, the leading document, which is the standard for democratic local
government in Europe, is the European Charter of Local Self-Government
(ECHLA). The process of its creation began at the initiative of the Council
of Europe as early as 1968; this document was opened for signing by the
member states of the Council of Europe on October 15, 1985, and entered
into force on September 1, 1988.
According to the results of the study, scientic novelty involves the
use of a methodological approach with modeling elements to achieve the
goals. The study has a number of limitations, primarily related to modeling
limitations. Modeling is more theoretical and methodological. Further
research should be devoted to expanding the modeling and practical
application of the proposed decomposition.
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