Monitoring local and regional democracy is the most emblematic activity of the Congress of Local and Regional Authorities of the Council of Europe, as it enables to establish a constructive political dialogue with the authorities in member states on local and regional democracy issues, and encourages legislative and policy reforms on the on the basis of the observations and recommendations made by Congress during the monitoring. Today, at the ongoing 50th plenary session, the Congress has adopted two sets of recommendations on the application of the European Charter of local self-government directed to Lithuania and to Monaco. The interior ministers of the two countries, Vladislav Kondratovič and Lionel Befre, made statements during the debates.
Lithuania: meaningful progress, but local self-government should be strengthened
The Congress, in the adopted recommendation, urges the Lithuanian authorities to continue to strengthen local self-government. It welcomes the meaningful progress made by the Baltic state since its previous recommendations in 2018, including the decentralisation of state-land management to municipalities and improved consultation mechanisms. The Association of local authorities of Lithuania plays an active role in representing local interests at national level.
However, some areas require further attention, such as an unclear division of responsibilities between national and local authorities, excessive national regulation, limited legal standing for the Association of Local Authorities before administrative courts, and the lack of a special legal status for the capital city, Vilnius. In addition, municipalities remain highly dependent on state transfers, with limited fiscal autonomy and borrowing capacity.
The Congress therefore calls on Lithuanian authorities to clarify the allocation of local and state responsibilities in line with the subsidiarity principle, ensure that municipalities have adequate financial resources and stronger tax-raising powers, expand borrowing capacity, grant legal standing to the Association of local authorities to defend local self-government in court, and introduce a specific legal status for Vilnius as the capital.
Monaco: satisfactory level of local autonomy, improvements expected
In its recommendation, the Congress called on the Principality of Monaco to strengthen certain institutional mechanisms, particularly regarding the political accountability of the municipal executive, to ensure full compliance with the European charter.
The report on which the recommendation was based highlights a satisfactory level of local autonomy. It particularly commends the quality of relations between the central government and the Commune of Monaco, as well as the legal mechanisms allowing for consultation with the latter in various areas, the administrative structures and resources, and the commune's adequate financial resources. Similarly, Congress notes with satisfaction the scope of administrative controls, which focus exclusively on compliance with the law, as well as the passing of a law improving consultation and predictability regarding the commune's financial allocation, in accordance with its previous recommendations.
However, the report identifies certain points requiring particular attention, such as the lack of political accountability of the mayor and deputy mayors to the municipal council, as well as the absence of a legal recourse to challenge laws in certain circumstances.
It is recommended that national authorities establish mechanisms guaranteeing the political accountability of the municipal executive to the municipal council. The report also recommends granting Commune the right to challenge the constitutionality of laws related to the local self-government charter, as well as signing and ratifying the additional protocol to the charter on the right to participate in the affairs of local authorities.
