WESTERN EUROPEAN EXPERIENCE OF FORMATION AND DEVELOPMENT OF LOCAL SELF-GOVERNMENT

Abstract

The scientific article, devoted to the issue of the Western European experience of the formation and development of local self-government, defines the historical features of local self-government in Western countries. In addition, the article contains an analysis of the community theory of local self-government as a synthesis between the law of the Anglo-American and continental legal systems. The scientific article analyzes the provisions on local self-government in the constitutions of the vast majority of modern states, in particular, the Constitution of the Republic of Bulgaria is analyzed, which established a municipality, in which local self- government is implemented, and citizens participate in the management of the community through elected bodies of local self-government, as well as directly through a referendum and general meeting of the citizens. A number of constitutional principles of foreign countries, principles of social and state order, which are written in the initial parts of the main laws, regarding democracy and the supremacy of the people, recognition, defense and protection of the rights and freedoms of citizens, have been studied. The level of constitutional regulation of local government and self-government issues in different states has been determined. It was defined that in some countries the constitutions can regulate local self-government in details, while in others they only mention it or do not consider the issue at all, leaving the regulation of local self-government. The constitutional regulation of local self-government in the Constitution of the Federal Republic of Germany, which highlights that "in the lands, districts and communities, the people have representation, which is established as a result of general, direct, free, equal and secret elections", was investigated. At the same time, the Constitution of India was examined, which almost only until 1992 provided that the state takes measures to organize village pachayats (representative bodies formed at the village level) and grants them with the powers necessary for their functioning. On the basis of relevant research, an analysis of the formation and development of local self-government was carried out by using models of local self-government in different countries.