EUROPEAN CHARTER ON LOCAL SELF-GOVERNMENT: STANDARDS AND PRACTICAL APPLICATION

Abstract

Local self-government is considered one of the foundations of European democracy. The importance of local self-government in Europe is not only administrative, but also political and social, and is based on the fundamental principle that decisions should be made as close as possible to citizens. Without strong local self-government, the state itself becomes centralized, which leads to greater bureaucracy and alienation of citizens from political decision-making, i.e. from the opportunity to directly participate in the conduct of local government affairs. The most important elements on which local self-government in Europe is based are subsidiarity and financial autonomy. The European Charter of Local Self-Government, adopted in 1985 under the auspices of the Council of Europe, is the first binding international treaty dedicated to protecting the autonomy of local authorities. The European Charter establishes common standards for political, administrative and financial independence, thereby placing local self-government at the very heart of democratic governance. Through this text, we analyze the historical context, key principles, legal structure and oversight mechanisms in the practical application of this important act, emphasizing its central role in shaping and improving local democracy and Europe as a whole, with a special focus on the Republic of Serbia. The European Charter of Local Self-Government represents more than a simple proclamation of certain principles. Indeed, the European Charter is a fundamental, binding legal instrument that has significantly shaped the understanding and practice of local democracy in contemporary Europe. By combining strong principles (such as subsidiarity and financial autonomy) and a flexible binding mechanism, the European Charter has gained widespread acceptance across European countries. The aim of this paper is to provide a comprehensive analysis of the standards established by the European Charter and to examine how they protect local democracy. Particular attention is devoted to identifying the areas in which the Republic of Serbia is fully aligned with these standards, as well as those in which legal gaps remain and further improvements are required.