A/HRC/27/59
8.
Local government aims at bringing government to the grass-roots and enabling
citizens to participate effectively in the making of decisions affecting their daily lives. As
the level closest to the citizens, local government is in a much better position than central
government to deal with matters that require local knowledge and regulation on the basis of
local needs and priorities.
9.
Local governments possess certain powers conferred upon them by legislation or the
directives of the higher levels of government. Those powers consist, in substance, in
regulating and managing certain public affairs and delivering certain public services. The
extent of the powers of local government should always be analysed in the context of
relations between local authorities and central government or regional authorities (in federal
States). One of the important features of local government is that it has a specific,
subordinate regulatory power for the exercise of its functions which is, however, subject to
compliance with the law.
10.
Although in some countries “local government” and “local self-government” are
used interchangeably, given the fact that local government has different forms in different
countries, these two concepts should be differentiated. Local public administration can be
exercised not only by local self-government entities (e.g. municipalities), but also by local
units of State administration; the former are directly elected by the local population and
enjoy wide-ranging autonomy, whereas the latter act as agents of the higher authorities and
their officials are appointed by and responsible to those authorities. Local self-government
is based on the principle of decentralization, and local State administration is based on the
principle of deconcentration.
11.
The degree of self-government enjoyed by local authorities can be regarded as a key
element of genuine democracy. In that regard, political, fiscal and administrative
decentralization is essential for localizing democracy and human rights. It should be borne
in mind that democracy is not possible without respect for human rights and no human
rights can be achieved without democracy.
12.
The role of local authorities should not be limited to mere executors of decisions
taken and policies developed without them. On the other hand, local independence should
have certain limits clearly prescribed by law, and mechanisms ought to be available for
supervising the legality of local authorities’ activities.
III. Legal and regulatory framework of local government
13.
To ensure effective local governance and adequate implementation of human rights
at the local level, it is important to have a proper legal framework for local government.
The organization, powers and functions should be clearly prescribed by law. Further,
national legislation should delineate clearly the responsibilities and powers of central and
local government authorities in relation to one another.
14.
Local government should preferably be recognized in the national constitution;
indeed in a number of countries, the constitutions specifically protect local government
autonomy. It should be underlined that constitutional protection provides the greatest
guarantee of stability. A specific law on local government passed by national parliament is
the next best solution in that regard. In a few countries, legal safeguards are in place to
maintain the stability of laws governing local government. In Hungary, for example, the
Law on Local Authorities can be adopted or amended only by a two-thirds majority of the
parliamentarians present. The same applies to any legislation restricting the rights
associated with local self-government.
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