Basic Notions: Local Self-government and Decentralization

The development of self-government is possible only with the decentralization of a country and decentralization is possible only with self-governance. Decentralization reform automatically leads to the development of self-governance. The two processes are inextricably linked and fully understanding these ideas is essential for implementing the reform.

“Local self-government is one of the main foundations of any democratic regime,” claims the European Charter of Local Self-government, the international convention signed and ratified by all member nations of the Council of Europe. The member states have pledged that “the principle of local self-government will be recognized in domestic legislation, and where practicable, in the constitution.” It asserts that “the right of citizens to participate in the conduct of public affairs is one of the democratic principles that are shared by all member States of the Council of Europe,” and “it is at the local level that this right can be most directly exercised.”

The Charter goes on to specify the following:

“Local self-government denotes the right and the ability of local authorities, within the limits of the law, to regulate and manage a substantial share of public affairs under their own responsibility and in the interests of the local population.”

“This right shall be exercised by councils or assemblies composed of members freely elected by secret ballot on the basis of direct, equal, universal suffrage, and which may possess executive organs responsible to them. This provision shall in no way affect recourse to assemblies of citizens, referendums, or any other form of direct citizen participation where it is permitted by statute.”

“Local authorities shall, within the limits of the law, have full discretion to exercise their initiative with regard to any matter which is not excluded from their competence nor assigned to any other authority.”

“Powers given to local authorities shall normally be full and exclusive. They may not be undermined or limited by another, central or regional, authority except as provided for by the law.”

“Without prejudice to more general statutory provisions, local authorities shall be able to determine their own internal administrative structures in order to adapt them to local needs and ensure effective management.”

The above assertions contained in the European Charter of Local Self-government clearly show the importance that the international community attaches to self-governance. At the same time, they clearly define the differences between local self-government and local state administration, which are present in authoritarian states. Local self-government is a system in which all residents of a given area form an association. Local authorities are executive bodies of this association and work in the name of and for it, under their own responsibility.

When we talk about local self-government, we are talking about a local power unit that:

• represents the interests of the residents and possesses a mandate stemming from their election;

• works within the framework of the law and is neither subjugated to the central administration nor to higher branches of local government;

• is subject to control by the central administration only in legality of its activities;

• has assured judicial protection of its laws and its independence;

• possesses the status of a legal entity and has liberty of management of personal property;

• possesses its own personal revenues and the right to manage finances, as well as subsidies from the central administration’s budget; and

• possesses its own administrative personnel who are independent from the central administration.

The development of local self-government requires decentralization of the state. Decentralization is not only about transferring tasks and assets to the local authorities, but more importantly about transferring responsibility.

The transfer of tasks to subordinate units, as in the case of delegating duties to regional branches of a central institution, is not decentralization. In such cases there is no transfer of responsibilities, and the central institution will still be responsible for its branches. For example, decentralization of education means that local government is responsible for schools and, in particular, for assuring that all children have adequate access to education. The central administration’s only responsibility is to ensure that local government performs its responsibilities adequately. It does not have a right to control the manner in which local government performs its duties.

In order to evaluate local government reforms, it is critical to create a system within which the degrees of state decentralization and the development of local self-government can be seen. Such a system should embody the means for analysis of the decentralization process; otherwise, it will be impossible to assert if the decentralization process is progressing or regressing. One cannot rely on popular opinion to measure the success of the process, as they are often contradictory.

This is a complicated task. It relates to numerous incommensurate and, in most cases, immeasurable phenomena. There is no system that is widely accepted. The standard of measure most often proposed is the local government’s level of engagement in revenues and public expenditures. Unfortunately, this gauge limits the notion of change, which cannot be restricted only to the management of finances.

Answer the questions:

1. How can you describe local self-government?

2. What is decentralization?

3. What is the difference between local self-government and local state administration?

4. How can we evaluate local government reforms?

5. Why is an evaluation process complicated task?

Письменная часть

Напишите Эссе на тему: “Why is it necessary for a public and municipal servant to study English” (Почему государственному и муниципальному служащему необходимо учить английский язык) (120 слов)

Что же такое эссе? Эссе – это прозаическое сочинение небольшого объема и свободной композиции, которое передает индивидуальные впечатления и соображения по конкретному поводу или вопросу. Изначально ваше собственное эссе не позиционируется как определяющая или исчерпывающая трактовка данного предмета. Это лишь сугубо ваше видение того вопроса, который обозначен темой эссе.