A INTRODUCTION

This chapter contains three principal elements. In the first place (in section B) it provides an analysis of the substantive terms of the Charter. In section C, the Charter's ‘incidental’ provisions are discussed. These contain, for instance, the fundamentally important rules which enable states, at the time of ratification of the Charter, to define the extent of their commitment to Charter obligations. And, finally, section D contains analysis of steps taken since the promulgation of the Charter to extend its scope in supplementary protocols – both successful and unsuccessful. The Additional Protocol on the Right to Participate in the Affairs of a Local Authority was adopted by the Council of Europe in 2009.

B THE CHARTER 's SUBSTANTIVE PROVISIONS

In respect of, first, the preamble to the Charter and the preliminary Article 1, and then the provisions of Part II (Articles 2–11), the terms of the Charter (in bold type) and then the Explanatory Report (in italics) are set out, followed by some brief further commentary. The Charter terms are those adopted by the Council of Europe at the end of the process described in Chapter 2. It should be borne in mind, however, that, in accordance with the provisions of Article 12 (discussed in section C below), not all participating states have subscribed to, and declared themselves bound by, all provisions.

The Explanatory Report was adopted by the Conference of Ministers at the same time as the Charter. It has no formal binding force but, after its introductory Sections A (Origins of the Charter) and B (General remarks), Section C of the report, as a commentary on the Charter's provisions, serves to throw additional light on the meaning the Charter's ‘founding fathers’ may be presumed to have intended to give to its terms. It may, therefore, be invoked as an interpretative guide to their meaning, at least in situations where that meaning is considered to be ambiguous. In the terms used in the Explanatory Report's own prefatory paragraphs, the report ‘does not constitute an instrument providing an authoritative interpretation of the text of the Charter, although it may facilitate the understanding of its provisions’.