Transcription
Laura T
Welcome to this new episode of Europe Explained, the Council of Europe's podcast that highlights the work of the Council on human rights, democracy and the rule of law.
In today's episode we're going to talk about the 40th anniversary of the European Charter of Local Self-Government.
In 1985, it was opened for signature in a milestone that guarantees the right and autonomy of local authorities across Europe. To talk about this Charter I've been joined by Gunn Marit Helgesen. Hello.
Gunn M
Hello.
Laura T
You're from Norway and you're one of the Congress vice presidents so you've done a lot of monitoring visits.
Gunn M
Yes, I have.
Laura T
Is that right? Could you please start by explaining what the European Charter of Local Self-Government is and what its main principles are?
Gunn M
Yes. As you say, the European Charter of Local Self-Government is an international treaty, and it affirms the role of communities as the first level for the exercise of democracy.
As the preamble to the charter states, local authorities are one of the main foundations of any democratic regime.
It lays down standards for protecting the rights of local authorities, and requires that all the 46 member states respect and commit to these values.
It recognises the importance of citizens' involvement at local level. It also states the basis of democracy, the autonomy of local authorities, financial and administrative. That is the foundation. The prerequisite for a good democracy is at the local democracy.
Laura T
And so 40 years later I think it's safe to say that the Charter remains one of the key European treaties ratified by all member states of the Council of Europe. How has this Charter been a real step forward in Europe?
Is it greater confidence in democracy, for example?
Gunn M
Yes. I think actually it has developed democracy at local level all the years. That's my opinion.
The Charter is the first legally binding instrument to protect local and regional democracy in Europe.
Since we monitor what is going on in each member state, we can also inspire each other and we can improve what is not as it should be.
Since the Charter laid a positive path down, local democracies have continued to progress because we look into every article and see what is the situation in their country when it comes to the financial situation, supervision from the state level and so on.
So my opinion is that it has improved local democracy in every member state.
Laura T
And so for each member state, that's around 700 million European citizens representing approximately 85% of Europe's total population.
But there are no double standards, right? So the Charter must be applied in the same way regardless of the state and its size. How do you ensure this?
Gunn M
We make sure that the principles of the European Charter of Local Self-Government are respected through systematic monitoring.
We have regular dialogue with the governments of the Council of Europe member states.
It does this through regular country by country monitoring missions, fact finding missions to examine a particular aspect of the Charter, or to address specific concerns related to democracy or the rule of law at local and regional level.
We have post-monitoring visits. We follow up what the recommendations are in our monitoring report. And then we follow up with post monitoring to see that they really try to implement and follow the recommendations given in the reports.
It's really a key starting point, because we look into everything. Is there autonomy? Is there a financial situation according to the responsibilities, to the competencies at local level?
How you interact with your citizens and all these kinds of principles laid down in the Charter we try to monitor.
So to achieve this we follow strict procedures and we have a monitoring visit. We meet with various interlocutors, ministers responsible for local and regional authorities, members of parliament, local and regional elected representatives, associations, media ombudspersons.
So we meet a lot of people to identify what is the problem. Do they follow the recommendations and the commitment in the Charter? And we do it regularly in every member state.
Laura T
And after all these visits, which provisions would be the most commonly used in complaints? In what circumstances can locally elected representatives seek redress, would you say?
Gunn M
The Charter requires that local authorities have a right of judicial appeal in order to ensure the free exercise of their powers and respect for the principles of local self-government enshrined in the constitutions, or in the law of each country.
But we also see it varies from country to country and the situation is different from country to country.
So we try to put the finger on what is the problem or what they could improve in their country, regarding what is in their constitution and what is actually to be in line with the Charter.
Laura T
Would you have an example of some country that made a complaint?
Gunn M
Well, at least I have examples of a lot of countries that have implemented and tried to improve the recommendations given in the monitoring visit.
For example, the Republic of Moldova and Ukraine. I've been there. Despite the war, or very difficult circumstances in the country, they are continuing to decentralise reforms in order to implement the principles of the Charter.
The principle of subsidiarity has been enshrined in Spain’s legislation.
In Finland we have extended the application of the Charter to social welfare provisions in order to protect their autonomy.
In Liechtenstein we have set up a horizontal equalisation system to support the financial autonomy of its municipalities.
In France, legislation protecting mayors who are the guarantors of local democracy has been strengthened.
Finally, Malta has strengthened citizen participation by granting more freedom to local councils.
All these have been recommendations in the monitoring report and they try to implement what is recommended.
Laura T
And that's the best way to assess your impact?
Gunn M
Yeah, I think so.
Laura T
A positive change.
Gunn M
And in my own country, in Norway, we didn't have a local self-government in the Constitution. So in 2016, after the monitoring visit from the Congress we changed the Constitution.
So the principle of local democracy and autonomy have been incorporated into the Constitution and specific legislation. And that was after the monitoring visit to Norway.
We had a new visit one year ago. In fact we have very strong autonomy at local level in Norway.
But even though we have a very good local democracy there is room for improvement. So each time we have these experts from the Congress to look into what we are doing, we are trying to discuss the recommendations and see what we can improve and how.
Laura T
And I believe Norway ratified the Charter in 1989.
Gunn M
Yes.
Laura T
A long time ago.
Gunn M
A long time ago now.
Laura T
Compared to other countries.
Gunn M
Yes!
Laura T
And local democracies, like any democracy, are constantly evolving, and it's a treaty that must keep pace, I imagine. So how do you ensure that it's regularly updated?
Gunn M
Because, as I said, we do it regularly and we discuss if the Charter needs to be improved or changed or amended, and since we have the regular meeting every 5th year in every member state, the member states will be aware of the situation in their country.
And we can also get inspiration and discussion if there is a need to do changes in the Charter in the Congress.
Laura T
Would they be specific topics that you think should be revised?
Gunn M
I think perhaps not revised, but perhaps we can supplement it. When it comes to, for example, environmental issues, we could add a protocol taking into account that there is a new world. We have new problems or new challenges all together.
So perhaps we need to add a protocol about environmental issues. That could be an added protocol.
Laura T
Would there be anything else, you think?
Gunn M
Well, I think I really believe in this Charter, and I think it's important that we inspire each other and look into how to do it in the best way.
I think when we look into our practice and how we do it in every country we can always learn, but we can also inspire other democracies to see what the best ones do in order to secure democracy at local level.
So I think it's an inspiration for all of us to see how they do it in France, how they do it in Italy, or in Germany or Moldova, and what we are doing in Norway.
So I think it's also to share best practices. So I think it's a wonderful thing to share and to be inspired.
Laura T
And it's the 40th anniversary, but democracy has maybe never been so threatened today. So maybe this Charter has never been so important, do you think?
Gunn M
Yeah. I think we see a lot of backsliding of democracy in the world. And I think it's more important than ever to really look into how democracy should be at its best, how to involve the citizens, how to focus on human rights, rule of law.
I think we need to be very conscious, very aware of the development all over the world. So I think more than ever we should discuss how we can make local democracy better, how we can save it and secure it for the future.
Laura T
And do you think citizens in Europe know about this Charter, or is it...
Gunn M
No, I don't think so.
… confidential?
No, it's not confidential. But I think we need a lot of ambassadors to promote that this Charter exists.
It's an international treaty and we need to talk about it. What it means to have a strong local democracy, to secure the citizens’ freedom, the freedom of speech, the freedom of religion.
Of course also the freedom to vote on the person or the party you would like and so on.
So I think this is a very fundamental and important treaty, and I think perhaps also this is a benchmark treaty, how democracy is developing in the world.
Laura T
Before we end, did you have anything else? I added a few questions because your answers were very efficient. Do you have anything else you would like to share before we end?
Gunn M
No, I think...
Laura T
Some questions I didn't ask because you spontaneously talked about it, so that's great.
Gunn M
Well, I think it's important that there is no double standards. We have already said that. But it's also important to show that every member state is regularly monitored, not only perhaps some countries that have more challenges than others.
Every country, every member state will be monitored every 5th or 6th year.
And democracy is a dynamic process as well. So there will be changes because of development in the world.
And that's why I said perhaps we could have additional protocol on environment, because sustainability is also about democracy. Human rights is also about democracy, and so on.
Laura T
It’s all linked.
Gunn M
It’s all linked. So I think this is more important than ever that we have a lot of ambassadors to talk about the Charter, to talk about democracy and what a good democracy is at local level and also national level.
Laura T
Well, thank you very much Gunn Marit Helgesen for sharing your work on this very important European treaty. Thank you.
Gunn M
Thank you so much.
