Rola systemu Rady Europy we wzmacnianiu samorządności lokalnej jako instrument ochrony przed autorytaryzmem
The Role of the Council of Europe System in Strengthening Local Self-Government as an Instrument of Protection against Authoritarianism

Summary/Abstract: The subject of the article is an analysis of the impact of the institutional and legal system of the Council of Europe on the functioning of local governments in member states, viewed from aparticular perspective—namely, to what extent these international law guarantees can contribute to protection against authoritarianism. As the oldest pan-European international organisation, it boasts asignificant body of work in the area of local and regional governance, and therefore, the analytical perspective in this context cannot be limited solely to examinations of the European Convention on Human Rights and Fundamental Freedoms. Nevertheless, the Convention must also constitute an essential element of the discussion. In this article, it receives considerable attention, starting with the role that the values of the rule of law and democracy play within the system, and how these translate into guarantees of free elections. It was also necessary to show how human rights protection standards contribute to safeguarding individuals in their relationships with local authorities and, more broadly, to the democratisation of public life at this level. On the one hand, this includes respecting classic freedoms—of speech, assembly, and association—while on the other, it involves the protection of the right to private and family life and the right to housing. However, in preserving the autonomy of local governments in the spirit of the principle of subsidiarity and maintaining avertical separation of powers, which serves as an effective safeguard against attempts at authoritarian consolidation, the European Charter of Local Self-Government plays akey role. For this reason, particular attention is devoted to this instrument. This includes both the permissible territorial flexibility in its application and the concrete obligations of states towards local governments, with particular emphasis on those provisions that guarantee their independ- ence. This picture would not be complete without athorough presentation of the Congress of Local and Regional Authorities—its place within the institutional framework of the Council of Europe, its role in monitoring compliance with the Charter, and its overall contributions, especially in supporting the processes of transformation and dismantling of communist regimes in Central and Eastern European countries. To that end, the article draws on concrete examples of missions and their reports, including those concerning Poland. Additionally, the article considers the role of the European Commission for Democracy through Law, known as the Venice Commission, which has made asignificant contribution to supporting constitutional reforms in countries of our region. While the Commission is widely known for its expert work on the rule of law, democracy, and human rights in general, its conceptual contributions relating to local self-government, which also help prevent the restoration of totalitarian systems, are not always equally acknowledged.

• Details
• Contents