LEGAL PROVISION OF PUBLIC CONTROL OVER THE ACTIVITIES OF LOCAL GOVERNMENT BODIES IN THE COUNTRIES OF WESTERN EUROPE

Abstract

The article examines the experience of Western European countries regarding the legal provision of public control over the activities of local self-government bodies. It was established that the system of local self-government includes two types of control: public and state. The author analyzed the concept of public control as one of the main principles of democracy, which is related to the rights of individuals to information in the field of public administration. An analysis of the current European legislation in the field of legal provision of public control over the activities of local self-government bodies in the countries of Western Europe has been carried out. It was established that the main legal document in the field of local self-government is the European Charter of Local Self-Government of 1985, which contains the main principles and mechanisms of action of self-governing authorities. Also, important documents in this matter are: a recommendation issued by the Council of Europe in 1981, an additional protocol on the right of public participation in processes related to the activities of local self-government bodies, adopted in 2009, and Guidelines for public participation in political decision-making, approved by the Committee of Ministers in 2017. It is noted that public control is a type of social control, which is a complex of various measures carried out by citizens, institutions of public society (political parties, trade unions, mass media, public associations) to monitor and check the activities of state authorities and local self-government bodies with the aim of forcing the authorities to comply with the norms of laws, responsible and competent performance of their duties. Based on the experience of France and Germany, the experience of public control over the activities of local self-government bodies in Western European countries is analyzed. The French example illustrates the ways in which citizens can exercise influence and control over local government. Namely, through judicial control, which complements the legality checks carried out by the governor. Any person with the appropriate rights can challenge municipal decisions that lead to certain consequences free of charge in a local court. This means that they can appeal to the local administrative court. The experience of Germany emphasized the need for direct participation, taking into account that an intermediate mechanism between a traditional petition and a referendum was introduced. This mechanism takes the form of a citizens’ initiative and enables municipal councils to consider certain issues if the initiative has the support of a minimum number of citizens.