Constitutional Principles of Local Self-Government in Europe

Administrative / Constitutional Law › European Union Law

Constitutional Principles of Local Self-Government in Europe

By Giovanni Boggero
Brill Academic Publishers October 2017

Specifications

ISBN-13
9789004347236
Publisher
Brill Academic Publishers
Publication
October 2017
Format
Hardback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

In Constitutional Principles of Local Self-Government in Europe Giovanni Boggero offers a meticulous account of the defining features of European constitutional local government law using both an international and comparative law perspective.

The book argues that differences between local government systems in Europe, typical examples of internal affairs of a State, can be smoothed away by construing a consistent system of constitutional principles to be coherently applied at domestic level across the whole European legal space. This system can be best grasped by looking at the European Charter of Local Self-Government, which embodies a concept of self-government rooted in common legal traditions, and at its subsequent practice within the Council of Europe.

Table of Contents

Foreword
Acknowledgments
Introduction: The European Charter of Local Self-Government as an International Treaty with Constitutional Significance
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 Quest for Strengthening the Charter's Obligations
III. The Normative Guidance Along and Beyond Council of Europe Borders
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
3. Monitoring Mechanisms
II. The Charter's Guarantees as General Principles of EU Law?
III. Rank of the Charter under Domestic Law of Council of Europe Member States
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
4. Constitutional Local Self-Government: Constitutional Guarantees
5. Conclusion – Arrangement of Neo-Corporatist Nature?
II. Institutional Design of Local Self-Government
1. The Principles and Rights on Allocation of Powers and Responsibilities
2. The Duty to Consult as a Principle of Loyal Co-operation
3. A Limited Right to Territorial Integrity
4. Freedom of Organisation
5. The Right to a Limited Administrative Supervision
6. Rights and Principles Ensuring Adequate Financial Conditions
7. The Right to Co-operation and Free Association
8. The Right to a Judicial Remedy
III. Conclusions
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.
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