The Concept of Local Government in the Constitutions of Selected European Union Countries
The Concept of Local Government in the Constitutions of Selected European Union Countries

Summary/Abstract: This study attempts to compare the differences and similarities among the fourteen member states of the European Union, including Poland. The central research question is analysing the various constitutional guarantees granted to local self-governments, which, despite the common European framework provided by the European Charter of Local Self-Government (ECLSG), reflect deeply rooted state traditions. The study is based on formal-dogmatic and legal-comparative methods. During the course of the study, the content of constitutional norms was analysed, with the ECLSG serving as a normative point of reference. The main findings indicate that there are four fundamental models of the constitutionalisation of local self-government. These include the federal-regional model (Germany, Austria, Spain and Italy); the Scandinavian model (Sweden, Finland and Denmark); the post-authoritarian model (Poland, the Czech Republic and Portugal); and the evolutionary unitary state model (France and the Netherlands). It is precisely these distinct legal and historical traditions that underlie the significant and lasting divergences in the constitutional status and actual autonomy of local entities. This phenomenon persists despite an increasing convergence of key principles, such as democratic legitimacy, the presumption of competence and the judicial protection of autonomy. The article reflects the legal status as of 1 September 2025.

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