Full text of the paper:
Proceedings of the Faculty of Law, Novi Sad
2025, vol. LIX no. 1, p. 315-331
working language: Serbian
Review paper
352/354:341.176(4)
doi:10.5937/zrpfns59-51465
Author:
Mateja Tomašević
Josip Juraj Strossmayer University of Osijek
Faculty of Law Osijek
mateja.tomasevic@gmail.com
ORCID ID: 0009-0003-8061-1206
Summary:
The need for lower territorial forms of government appeared in the early fifties of the last century when the Conference of Local Authorities was founded. However, in the seventies, with the emergence of increasing regionalization, there was a need and advocacy for greater democracy of local and regional dimensions. Great recognition of local and regional democracy came in 1985 when the European Charter of Local Self-Government was adopted, while in the early nineties, the Congress of Local and Regional Authorities of the Council of Europe was established, which replaced the previous Conference of Local Authorities. Since then, the democratic aspect of the division of power into local and regional has been advocated increasingly in Europe. Throughout the history of signatory states, it can be seen how membership contributes to local and regional self- government development. Since then, Congress has established several instruments to preserve and promote democracy at lower levels of government. To consolidate territorial democracy, and to ensure the uniform application of local and regional democracies, the Congress strengthened cooperation with member states and established three committees that evaluate national legal frameworks, exchange good practices, and guide local and regional democracies of signatory states. At the same time, the Congress ensures the protection and respect of fundamental political and civil rights and freedoms. Delegating numerous authorities to lower territorial units means bringing the government closer to citizens, and their participation. The additional protocol to the European Charter of Local Self- Government, adopted in 2009 as an amendment to the European Charter of Local Self-Government, gives all citizens the right to participate in local government affairs. All the mentioned factors and instruments show that regional democracy is impossible without regional autonomy, and the European Charter of Local Self-Government serves as a source of inspiration for countries that decide to establish or reform their local and regional authorities, as well as a guideline and guiding thought for signatories who already act according to it. By comparing different local democracies with the same key principles, we can see how the proper functioning of local democracies is ensured, which represents one of the foundations for peace and stability within the European Union. All these factors contribute to one of the key fundamental values of the European Union, which is strengthening democracy.
Transferring authority to lower territorial forms promises the development of democracy. With the development of society, the need for local and regional authorities is increasing, and the future is reflected in the democracy of local and regional self-government forms.
This paper aims to bring closer the significance of the Congress of Local and Regional Authorities, as a body responsible for strengthening democracy and bringing democracy closer to every citizen and to compare the level of democracy in countries that signed the European Charter of Local Self-Government.
Keywords:
democracy, local, regional, Congress, European Charter of Local Self-Government.