Legal guarantees for the establishment and functioning of local governments ensuring multi-level governance across the public administration

The autonomy of local governments is stipulated by the constitution

Review of constitution and/or the law on local self-government to determine if the legislation establishes local governments as autonomous entities with right and duties. The Constitution and/or law should determine that local governments are independent self-governing entities and administrative units with legal personality. Obligations and restrictions in the exercise of territorial self-government can be imposed on local governments by law only and in accordance with international laws.

The autonomy of local governments is stipulated by law

Review of constitution and/or the law on local self-government to determine if the legislation establishes local governments as autonomous entities with right and duties. The Constitution and/or law should determine that local governments are independent self-governing entities and administrative units with legal personality. Obligations and restrictions in the exercise of territorial self-government can be imposed on local governments by law only and in accordance with international laws.

Local governments have rights and duties guaranteed by the constitution

Review of constitution and/or the law on local self-government to determine if the legislation establishes local governments as autonomous entities with right and duties. The Constitution and/or law should determine that local governments are independent self-governing entities and administrative units with legal personality. Obligations and restrictions in the exercise of territorial self-government can be imposed on local governments by law only and in accordance with international laws.

Local governments have rights and duties guaranteed by law

Review of constitution and/or the law on local self-government to determine if the legislation establishes local governments as autonomous entities with right and duties. The Constitution and/or law should determine that local governments are independent self-governing entities and administrative units with legal personality. Obligations and restrictions in the exercise of territorial self-government can be imposed on local governments by law only and in accordance with international laws.

Local governments can independently manage their affairs within their territory

Review of legislation to check whether it stipulates some concrete rights and responsibilities for local governments. The criteria assess concrete rights and responsibilities, which at a minimum should be regulated by the law. The number of criteria enlisted is not restrictive, should there be anything in addition regulated by the law, which is significant, it shall be considered in the point allocation (if some of the enlisted responsibilities are not available for local governments in the administration, but there are other competences similar and fulfilling the criteria, for these there would be points allocated). The maximum points are fixed, even if there are more competences given, no more points are allocated.

Local governments exercise power for the benefit of their citizens and development of the municipality

Review of legislation to check whether it stipulates some concrete rights and responsibilities for local governments. The criteria assess concrete rights and responsibilities, which at a minimum should be regulated by the law. The number of criteria enlisted is not restrictive, should there be anything in addition regulated by the law, which is significant, it shall be considered in the point allocation (if some of the enlisted responsibilities are not available for local governments in the administration, but there are other competences similar and fulfilling the criteria, for these there would be points allocated). The maximum points are fixed, even if there are more competences given, no more points are allocated.

Local governments are transparent and open in decision-making and providing services

Review of legislation to check whether it stipulates some concrete rights and responsibilities for local governments. The criteria assess concrete rights and responsibilities, which at a minimum should be regulated by the law. The number of criteria enlisted is not restrictive, should there be anything in addition regulated by the law, which is significant, it shall be considered in the point allocation (if some of the enlisted responsibilities are not available for local governments in the administration, but there are other competences similar and fulfilling the criteria, for these there would be points allocated). The maximum points are fixed, even if there are more competences given, no more points are allocated.

Local governments ensure participation for their citizens

Review of legislation to check whether it stipulates some concrete rights and responsibilities for local governments. The criteria assess concrete rights and responsibilities, which at a minimum should be regulated by the law. The number of criteria enlisted is not restrictive, should there be anything in addition regulated by the law, which is significant, it shall be considered in the point allocation (if some of the enlisted responsibilities are not available for local governments in the administration, but there are other competences similar and fulfilling the criteria, for these there would be points allocated). The maximum points are fixed, even if there are more competences given, no more points are allocated.

The European Charter of Local Self-Governments is ratified

Review of ratification documents and/or Council of Europe documents to determine if the European Charter of Local Self-Governments was ratified. This should also include a list of “reservations and declarations for the treaty” made by the central government. 2 points are allocated if there are no reservations; 1 point for reservations, 0 for no ratification.