Challenges of the Implementation of the European Charter of Local Self-Government in Czech Legislation

RADVAN, Michal, Petr MRKÝVKA a Johan SCHWEIGL. Challenges of the Implementation of the European Charter of Local Self-Government in Czech Legislation. Lex Localis – Journal of Local Self-Government, Maribor: Institute for Local Self-Government and Public Procurement Maribor, 2018, roč. 16, č. 4, s.

Posted: 16 Nov 2018

See all articles by Michal Radvan

Michal Radvan

Masaryk University, Faculty of Law

Petr Mrkývka

Masaryk University - Faculty of Law

Johan Schweigl

Masaryk University - Faculty of Law

Date Written: October 24, 2018

Abstract

In their recent rigorous analysis of the European Charter of Local Self-Government (Radvan, Mrkývka, Schweigl 2018), the authors elaborated the manner in which the Charter has been implemented into the Czech legal order. In this paper, the authors extended the previous analysis by focusing on the challenges connected with the incorporation of the Charta´s principles into the Czech legal order. They outlined the areas, in which the incorporation seems to be properly done, and pointed to a few areas which might be viewed as problematic, as for incorporating of the Charta´s principles. One of the most significant problems is that the distinction between the state-administration and self-administration was not carried out in a strict manner and this improper distinction may lead to enhanced conflicts of interest. Some problems might also be detected in the area of how a smaller municipality´s citizens may influence the policy of a larger municipality which provides state-administration for the residents of smaller municipalities.

Keywords: European Charter of Local Self-Government; Decentralisation; Autonomy; Local Government; Subsidiarity; Czech Republic

JEL Classification: K34

Suggested Citation

Radvan, Michal and Mrkývka, Petr and Schweigl, Johan, Challenges of the Implementation of the European Charter of Local Self-Government in Czech Legislation (October 24, 2018). RADVAN, Michal, Petr MRKÝVKA a Johan SCHWEIGL. Challenges of the Implementation of the European Charter of Local Self-Government in Czech Legislation. Lex Localis – Journal of Local Self-Government, Maribor: Institute for Local Self-Government and Public Procurement Maribor, 2018, roč. 16, č. 4, s. , Available at SSRN: https://ssrn.com/abstract=3272249

Michal Radvan (Contact Author)

Masaryk University, Faculty of Law ( email )

Veveri 70
Brno, 61180
Czech Republic

HOME PAGE: http://www.law.muni.cz

Petr Mrkývka

Masaryk University - Faculty of Law

Veveri 70
Brno, 61180
Czech Republic

Johan Schweigl

Masaryk University - Faculty of Law ( email )

Veveri 70
Brno, 61180
Czech Republic

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