Full Description
In Constitutional Principles of Local Self-Government in Europe Giovanni Boggero offers a meticulous account of the defining features of European constitutional local government law using both an international and comparative law perspective. The book argues that differences between local government systems in Europe, typical examples of internal affairs of a State, can be smoothed away by construing a consistent system of constitutional principles to be coherently applied at domestic level across the whole European legal space. This system can be best grasped by looking at the European Charter of Local Self-Government, which embodies a concept of self-government rooted in common legal traditions, and at its subsequent practice within the Council of Europe.
Contents
Foreword
Acknowledgments
Introduction: The European Charter of Local Self-Government as an International Treaty with Constitutional Significance
1 The Historical Legitimacy of the Charter
I The Roots of Chartered Rights of Local Authorities
II The Origins of the Charter within the Council of Europe
III The Normative Guidance Along and Beyond Council of Europe Borders
2 The Charter as a Source of International, EU and Domestic Law
I International Treaty Law
II The Charter's Guarantees as General Principles of EU Law?
III Rank of the Charter under Domestic Law of Council of Europe Member States
3 Concept and Design of Local Self-Government in Europe
I The Charter's Concept of Local Self-Government
II Institutional Design of Local Self-Government
III Conclusions
4 The Relevance of the Charter for International and Comparative Public Law
I Advancing Public International Law
II Establishing a European Constitutional Local Government Law
III Integrating Different Local Government Models
Bibliography
Index
