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142 Besik Loladze the county’s finances is seen as crucial. The sphere of responsibility of a representative of the state power in French territorial units includes not only ensuring the observance of laws, but also the protection of national interests and administrative supervision 72. This means that state control goes beyond the limits of supervision over the lawful activities carried out by units of self-administration. Decisions adopted by municipalities in the Netherlands can be annulled not only on the grounds of nonconformity with current laws, but also on the grounds of “public interests” 73 , which actually means increasing the extent of state supervision. A directive set out in Article 120 of the Constitution of Belarus can be considered as an attempt to preserve the old Soviet centralised system. The article stipulates that local representative councils and executive bodies must implement the decisions adopted by superior state bodies. Although the constitution also speaks about supervision over the legality of the activities of units of selfadministration 74 , it does not change the general picture and leaves unlimited possibilities for state bodies to intervene in local affairs. It is not difficult to realise that a better alternative for the autonomy of the local self-administration is a model where state supervision is exercised at a minimum level. Increasing limits of state supervision may result in the unnecessary and groundless restraint of local self-administration independence. Managing local issues independently and under the responsibility of local authorities is key for the self-administration from which the content could be derived 75 . The autonomy of self-administration consists of several significant elements including territorial, administrative and financial, taxing, human resources, planning and law-making issue. The territorial component of local self-government is founded on the idea that a self-government unit is a territorial corporation. Its activities are directed towards a certain territory that at the same time creates space for independent performance in the course of deciding matters of local importance. In our opinion, this issue is reflected in the constitutions of Belarus 76 , Ukraine 77 and Cyprus 78 . Administrative autonomy means the powers of units of local self-administrative to regulate systems and activities of decision-making and executive bodies, of territorial units and of local enterprises and organisations 79 . Administrative independence is not absolute. The main issues related to local representative and executive bodies, local enterprises or organisations are often regulated on a legislative or constitutional level. However, these regulations should avoid excessive specifications that may turn into a breach of the right to self-government. 72 Constitution of France, Article 72 (par 6). 73 Constitution of Netherlands, Article 132 (par 4). 74 Constitution of Belarus, Article 122 (par 2,3). 75 Pagenkopf, Hans. Kommunalrecht. Köln, Berlin, Bonn, München 1971. S. 46 76 Constitution of Belarus, Article 122 (par 1). 77 Constitution of Ukraine, Article 144 (par 1). 78 Constitution of Cyprus, Article 177. 79 BVerfGE 91, 228, 238; Schmidt-Jortzig, Edzard. Kommunale Organisationshoheit. Staatliche Organisationsgewalt und körperschaftliche Selbstverwaltung, Göttingen 1979. S.26 ff.
Guarantees for Local Self-Government in European Constitutions According to the Constitution of Hungary, local self-administrative bodies independently regulate managerial activities as prescribed by law and within the determined jurisdiction 80 . The administrative autonomy of the self-government is guaranteed in Croatia where units of local and regional self-government are authorised to regulate the internal administration of their affairs by their own statutes and within the limits of their legislation 81 . The autonomy of self-administration is also stipulated by the basic laws of Albania 82 , Serbia 83 and Austria 84 . Planning certain directions independently is an important characteristic of self-administration. Independence in planning is demonstrated in planning territorial development, which acquires special significance in the case of cities. The competence of local and regional units of self-administration in the sphere of urban development is highlighted in the Constitution of Croatia 85 . Autonomy in urban development and agriculture is guaranteed by the Basic Law of Macedonia 86 . According to Article 190 (Paragraph 2) of the Constitution of Serbia, an urban development plan is approved by a municipality. Apart from urban development, plans may be made in the following spheres: social, economic, etc. For example, the competence of municipalities in Azerbaijan covers the approval and implementation of social protection, developmental, economic development and local environmental protection programs 87 . Some post-Soviet countries, namely Belarus 88 and Ukraine 89 , have similar formulations. Local self-government is unimaginable without financial guarantees. Without financial autonomy, the effective management of local affairs is impossible. Financial autonomy is a power of local self-government granted to it in order to make decisions about expenditures and incomes independently and in compliance with the law. A unit of local self-government is authorised to receive the corresponding financial guarantees since it is impossible to exercise the right to self-government without at least minimal essential financing. The local self-government is authorised to get corresponding financial guarantees since without minimal financing it is impossible to achieve the desired influence over its activities. A violation of financial autonomy means actually infringing the essence of self-administration and we can add that a guarantee for financial autonomy is an integral part of its foundation 90 . 80 Constitution of Hungary, Article 44/a (par 1/”e”). 81 Constitution of Croatia, Article 135. 82 Constitution of Albania, Article 113 (par 1/”e”). 83 Constitution of Serbia, Article 179. 84 Federal Constitutional Law of Austria, Article 118 (par 3/1). 85 Constitution of Croatia, Article 134 (par 1,2). 86 Constitution of Macedonia, Article 115 (par 1); Article 117 (par 2). 87 Constitution of Azerbaijan, Article 144 (par 1/”7”, “8”, “9”). 88 Constitution of Belarus, Article 121 (par 1). 89 Constitution of Ukraine, Article 143 (par 1). 90 Schmidt-Bleibtreu, Bruno/Klein, Franz. Kommentar zum Grundgesetz, 9. Auflage. Neuvied (u.a.) 1999. S.639 143
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Contents Françoise Tulkens THE EUR
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Avtandil Demetrashvili PARADIGMS 1
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Kononov v. Latvia four people (thre
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