A INTRODUCTION

It was urged at the beginning of Chapter 6 that the influence of the European Charter of Local Self-Government was to be measured not only by reference to its impact on local self-government in Europe. Its influence should be assessed by reference to criteria broader than those instrumental consequences. There are other ways in which the Charter can be said to have placed its mark upon the world of international treaties and international organisations. First, it has proved to be, in the rules it lays down and the system for their enforcement it provides, a unique treaty in its own right. This will be elaborated in Section B below. Secondly, the Charter has inspired several related projects. While a ‘Charter of Regional Self-Government’ has proved to be unattainable, the Council of Europe has adopted a ‘Reference Framework on Regional Democracy’ to similar effect (Section C). The Charter has also contributed to a debate about a ‘World Charter of Local Self-Government’ and to the development of national and regional ‘Charters’ beyond Europe (Section D). Thirdly, it is a treaty whose emergence and record have played an important role in the development of institutional relationships within the Council of Europe (Section E).

B A UNIQUE TREATY

In the light of the treatment of the Charter so far, its remarkable features first mentioned in Chapter 1 will be more apparent. Three principal characteristics may be selected.

A Treaty to Entrench Subsidiarity at the Substate Level

In a document recently published by the European Union Committee of Regions, the claim is made that the European Union treaties themselves ‘indirectly recognise local and regional democracy’. That seems to be an extravagant claim. The ‘recognition’ those treaties provide is very, very indirect. On the other hand, when the claim is made on behalf of the Charter, and it is frequently made by the Congress, that it is the sole instrument of international law claiming to set standards for local democracy by conferring ‘rights’ on local authorities, that claim is wholly justifiable. document recently published by the European Union Committee of Regions, the claim is made that the European Union treaties themselves ‘indirectly recognise local and regional democracy’. That seems to be an extravagant claim. The ‘recognition’ those treaties provide is very, very indirect.