The organization of local self-government is one of the key conditions for the functioning of a democratic state. The nature of local government combines public and state principles. The effectiveness of local self-government depends on the characteristics of its relationship with state power.
Self government concept
Local government is a form of realization of people's power. It has a certain independence and is not included in the system of public authorities.
In the European Charter of Local Self-Government, 4 attributes of municipal authority are formulated:
- It operates within the limits provided by law.
- The municipality has the right at its discretion to dispose of the resources entrusted to it.
- This power carries out certain functions in the state.
- There are elected (representative) local authorities.
Local government model
A model is a certain system that determines the structure of an object. The local government model consists of entities, bodies and the relationship between them. The most common at present are the Anglo-Saxon and French (continental) models of local self-government. The following conditions affect the formation of a particular model in a state:
- administrative-territorial division of the state;
- public relations in the field of property;
- democratic interests of the state and society;
- national, regional traditions and customs.
The systems of organization of local government that stand out in the scientific literature are classified by the following parameters:
- the principle of the formation of the structure of municipal authority;
- competence of municipalities;
- mechanism of interaction with the state.
Continental model
The continental model of local self-government involves a combination of elements of state and local government. It is characterized by the presence of direct central government in the field and municipal bodies. This system appeared in France.
The continental model of local government is characterized by the following features:
- State and municipal bodies make up a hierarchy. Local government bodies are subordinate to state power.
- The central authority exercises control over the activities of municipalities (administrative custody).
- Representatives of the state are present in the regions - the so-called local administration. Thus, local government is also implemented on the ground.
- The functions of the municipal and central authorities are strictly regulated.
It follows that the characteristic of the continental model of local self-government is the combination of electivity with appointability and the intervention of the state that controls the activities of municipal authorities.
The origin of the continental system
Local government in France began to take shape in the 18th-19th centuries. France was characterized by a high degree of centralization of the state, as well as local government. This resulted in the establishment of administrative control of state power over the local one. There was preliminary control: the municipality could make a decision only after the approval of the administration. State power had a wide selection of mechanisms by which it limited the independence of municipal bodies: annulment, suspension, approval, replacement, recall, dissolution, etc.
After the revolution of 1789, the principle of a single and indivisible power was proclaimed in France. Regional diversity was abolished: now the department became the administrative-territorial unit. The main link of local government was the prefects. They were representatives of centralized local authorities. The prefect was the head of the department in the territory controlled by him.
Decentralization later occurred, which provided greater autonomy to local governments. The law "On Territorial Collectives" was adopted. Now self-government bodies could be created in any territorial entities recognized by collectives: departments, regions and communes. This predetermined the features of the continental model of local self-government.
Formation of local authorities
The main element of the self-government system is the commune. These are municipalities, which are formed by urban and rural residents. In each commune there is a representative body - a council consisting of deputies. The mayor is elected among the deputies of the council. He is both the head of the municipal government and the public servant.
The deputies of the council and the mayor represent the municipality. It operates under the control of the Commissioner of the Republic and the municipal council. The commissioner of the republic supervises the legality of acts adopted by the bodies and officials of the municipality.
Competence of local authorities
The continental model of local self-government is characterized by positive regulation of local authorities. Municipal authorities have the right to make any decisions that are not prohibited by law. Thus, the competence of local self-government is formed on the residual principle. The legislation establishes a list of functions performed by state power. Other functions not mentioned in the law are assigned to local authorities. This is one of the differences between the continental and Anglo-Saxon models of local self-government. The latter is characterized by an order of negative regulation. Municipal authority solves only those issues that are assigned by law to its competence.
Advantages and disadvantages
The advantage of the continental model of local self-government is the unity of state and local authorities in solving managerial issues at the regional level. The central government provides the necessary assistance and controls the municipal authorities. In addition, the law regulates in detail the issues of municipal service. It has the same meaning as public service. The law defines the legal status of municipal employees, their rights, obligations and guarantees. The disadvantage of the French model is the conflict. Since the state appoints members of the local administration (central government representative office), this choice is sometimes not consistent with the interests of the population. In addition, the intervention of state authorities in the form of local administration significantly limits the autonomy of municipalities.
Continental Model in France
Initially, the continental French model of local government assumed a significant restriction on the freedom of local authorities. Until the 50s of the 20th century, administrative guardianship was used as a form of relationship between state and municipal authorities. Decisions of the municipal authority came into force only if approved by the local administrator - a representative of the state. Another form of interaction is state supervision of the legality of decisions of local authorities. In 1982, France passed the Law on the Rights and Freedoms of Local Collectives. Since then, government intervention in the activities of municipal authorities has been significantly limited.
Today in France, the direct implementation of state power in the regions is performed by the Commissars of the republics. They oversee compliance with laws and regulations by local authorities. The commissioner of the republic has broad powers: he has the right to cancel acts of the regional and departmental levels, appealing them to an administrative court.
Other Continental Model Countries
The French model spread mainly in European countries. In addition, the continental model of local self-government is characteristic of such countries that were colonies of France. This model is distantly traced in some countries of Africa.
The continental model of local government is currently operating in Italy. In each territorial unit, a representative of the state administration is appointed. In the province, he is the prefect chosen by the government. He supervises the activities of the local administration in the territory under his control. In the commune, the state is represented by the syndicate. He also heads the executive body. He is elected by the communal council (local authority).
In the regions of Sweden, the governor acts as a representative. He is appointed by the government without a time limit, but may be removed from office at any time. The governor exercises control over the services of central departments, the police, and representative bodies of local authority.
Prefects in Greece and governors in Spain work in a similar way. In Belgium, local government is controlled by a municipal secretary appointed by the government. A similar system of interaction between central and local authorities has been established in Latin America.
Anglo-Saxon model
The Anglo-Saxon municipal model has developed in Canada, the UK, the USA, and Australia. The main feature of this model of self-government is the absence of representatives of state power in municipal bodies. It is distinguished by the following symptoms:
- Municipal authorities are authorized to make those decisions that are prescribed by law. Acts adopted in violation of this rule shall have no legal force.
- Municipalities are recognized as autonomous entities. They are not directly subordinate to public authorities.
- The local population elects not only representative bodies, but also officials.
- The local government is responsible for managing the police, fire service, roads, housing, public transport.
- In countries with the Anglo-Saxon model, general state control over the activities of municipalities is provided.
Anglo-Saxon system in the UK
In Great Britain, control over the activities of municipal bodies was carried out by ministries successively replacing each other: urban and rural planning, housing and local government, and the environment. Most often, an inspection is carried out by the Ministry of the Interior in order to control it. If the inspection finds violations in the activities of local authorities, the government can temporarily transfer powers to other municipal authorities or appoint new officials. Also in the UK there is a special regulatory body - the Commissioner for Administration of Local Government.
IN USA
In the United States, the work of local governments is regulated by the states. Municipal authorities vary everywhere. In some states, these may be structural units of state bodies, in others, departments. Such institutions control the financial and legal activities of municipal authorities, as well as provide them with information assistance. In addition, some state governors may issue decrees binding on municipal authorities and veto decisions.
European Charter
The European Charter of Local Self-Government is an international treaty establishing the basic principles for the work of the municipal authorities. This act emphasizes the importance of local government for the development of democratization and decentralization of power. The states that signed the Charter undertake to establish legal regulation that ensures the financial and administrative independence of local authorities. In addition, states must approve the principle of autonomy of municipal power at the constitutional level. The charter introduces the concept of subsidiarity. This is the principle according to which public obligations should, first of all, be fulfilled at the lowest level of power. Most of the management decisions should be made by municipal authorities. The subject matter of the higher authorities is determined by the residual principle. Those issues that cannot be resolved by local authorities pass to the state administration.