EUROPE FOLLOWS EUROPEAN CHARTER

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Most European countries are following the European Charter as regards to the local self-government bodies. One of the principles of the Charter provides for guarantees for the local self-government to be fixed in the Constitution. Local self-government is not a European phenomenon only; it is widely spread all over the world. Many of the US states have their own charters where the authorities of the community are fixed. The income of all the municipal budgets in the US is equal to the 40% of the federal budget. Local self-government is admitted in UK as well.

According to specialist of constitutional rights Vardan Poghosyan, major communities are essential for exercising local self-government. In 1960-1970 an administrative reform for enlargement of communities was carried out. In the words of German specialists the community should include 5000 residents to provide the efficiency of the local self-government. Vardan Poghosyan also noted that it would be advisable to make the communities larger in Armenia. «However it a rather vexed question for the community residents. That is why there exists another efficient method – the formation of intercommunity unions. In this case the communities are acting as independent elements, however for the settlement of major issues they unite their funds”, Vardan Poghosyan noted. The European experience showed that intercommunity unions can be formed both obligatory and on a voluntary basis.

The principal authorities of the local self-government bodies are fixed in the RA Constitution. «The problem is in the independence of these bodies. According to the acting constitution the government can dismiss the head of the community within the frames of the law. In fixing the clause on the local self-government the RA Constitution provided for certain mechanisms of dependence of the local self-government bodies from the executive power», Vardan Poghosyan said. He also reminded that in the resolution of 2004 the Venice Commission was concerned over the fact that many of the amendments submitted by the coalition deviate from the aims of the European Charter and restore the clause of the 2001 draft, which said that the government should have the resolution of the Constitutional Court to dismiss a head of the community. At the same time Vardan Poghosyan highlight the existence of sufficient funds. “In this view the coalition draft marks considerable progress. If the problem of independence and financing is settled a law “On Local Self-Government” can be adopted”, Vardan Poghosyan considers. As fort he term of the office, he holds the opinion that it should be 4 years instead of 3.

VICTORIA ABRAHAMYAN