Resolução da Assembleia da República n.º 218/2019

ELIhttps://data.dre.pt/eli/resolassrep/218/2019/10/25/p/dre
Data de publicação25 Outubro 2019
SectionSerie I
ÓrgãoAssembleia da República

Resolução da Assembleia da República n.º 218/2019

Sumário: Aprova o Protocolo Adicional à Carta Europeia de Autonomia Local Relativo ao Direito de Participar nos Assuntos das Autarquias Locais, adotado em Utreque, em 16 de novembro de 2009.

Aprova o Protocolo Adicional à Carta Europeia de Autonomia Local Relativo ao Direito de Participar nos Assuntos das Autarquias Locais, adotado em Utreque, em 16 de novembro de 2009

A Assembleia da República resolve, nos termos da alínea i) do artigo 161.º e do n.º 5 do artigo 166.º da Constituição, aprovar o Protocolo Adicional à Carta Europeia de Autonomia Local Relativo ao Direito de Participar nos Assuntos das Autarquias Locais, adotado em Utreque, em 16 de novembro de 2009, cujo texto, na versão autenticada nas línguas inglesa e portuguesa, se publica em anexo.

Aprovada em 19 de julho de 2019.

O Presidente da Assembleia da República, Eduardo Ferro Rodrigues.

ADDITIONAL PROTOCOL TO THE EUROPEAN CHARTER OF LOCAL SELF-GOVERNMENT ON THE RIGHT TO PARTICIPATE IN THE AFFAIRS OF A LOCAL AUTHORITY

Utrecht, 16.XI.2009

Preamble

The member States of the Council of Europe, signatories to this Additional Protocol to the European Charter of Local Self-Government (hereinafter referred to as "the Charter", ETS No. 122):

Considering that the aim of the Council of Europe is to achieve greater unity between its members for the purpose of safeguarding and realising the ideals and principles which are their common heritage;

Considering that the right to participate in the conduct of public affairs is one of the democratic principles that are shared by all member States of the Council of Europe;

Considering that the evolution in member States has shown the pre-eminent importance of this principle for local self-government;

Considering that it would be appropriate to supplement the Charter with provisions guaranteeing the right to participate in the affairs of a local authority;

Bearing in mind the Council of Europe Convention on Access to Official Documents, adopted by the Committee of Ministers on 27 November 2008;

Bearing in mind also the Declaration and the Action Plan adopted at the 3rd Summit of Heads of State and Government of the Council of Europe (Warsaw, 16 to 17 May 2005):

have agreed as follows:

Article 1

Right to participate in the affairs of a local authority

1 - The States Parties shall secure to everyone within their jurisdiction the right to participate in the affairs of a local authority.

2 - The right to participate in the affairs of a local authority denotes the right to seek to determine or to influence the exercise of a local authority's powers and responsibilities.

3 - The law shall provide means of facilitating the exercise of this right. Without unfairly discriminating against any person or group, the law may provide particular measures for different circumstances or categories of persons. In accordance with the constitutional and/or international obligations of the party, the law may, in particular, provide for measures specifically limited to voters.

4.1 - Each Party shall recognise by law the right of nationals of the party to participate, as voters or candidates, in the election of members of the council or assembly of the local authority in which they reside.

4.2 - The law shall also recognise the right of other persons to so participate where the Party, in accordance with its own constitutional order, so decides or where this accords with the Party's international legal obligations.

5.1 - Any formalities, conditions or restrictions to the exercise of the right to participate in the affairs of a local authority shall be prescribed by law and be compatible with the Party's international legal obligations.

5.2 - The law shall impose such formalities, conditions and restrictions as are necessary to ensure that the ethical integrity and transparency of the exercise of local authorities' powers and responsibilities are not jeopardised by the exercise of the right to participate.

5.3 - Any other formalities, conditions or restrictions must be necessary for the operation of an effective political democracy, for the maintenance of public safety in a democratic society or for the Party to comply with the requirements of its international legal obligations.

Article 2

Implementing measures for the right to participate

1 - The Parties shall take all such measures as are necessary to give effect to the right to participate in the affairs of a local authority.

2 - These measures for the exercise of the right to participate shall include:

i) empowering local authorities to enable, promote and facilitate the exercise of the right to participate set out in this Protocol;

ii) securing the establishment of:

a) procedures for involving people which may include consultative processes, local referendums and petitions and, where the local authority has many inhabitants and/or covers a large geographical area, measures to involve people at a level close to them;

b) procedures for access, in accordance with the Party's constitutional order and international legal obligations, to official documents held by local authorities;

c) measures for meeting the needs of categories of persons who face particular...

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