Kisiel Wiesław (red.), Substantial share of public affairs under municipality’s responsibility as provided by the Constitutions of Estonia, Latvia, Lithuania and Poland

In our earlier paper we have reviewed restoration of the municipal self-government institutions in 1990s Estonia, Latvia, Lithuania and Poland . Now we examine the incorporation of the European Charter of Local Self-Government (EChLSG) principle of responsibility of the municipalities for the substantial share of public affairs (art. 3 the EChLSG) into the Constitutions of Estonia, Latvia, Lithuania and Poland . The Charter lists a number of elements constituting the core of the local self-government concept. As the EChLSG was submitted for the national ratifications 34 years ago it is justified to look now at currant understanding of article 3 the EChLSG in the constitutional laws of the four countries.

The municipality must comply first of all with the national constitution and subsequent statutory laws passed by a respective national parliament . Once the constitution decides that the municipal self-government is indispensable element of the network of the country’s public...