Legal basis of the local governmentEstonian one-tier local government system, which is existing nowadays, was introduced in 1994 after years of reforming and restructuring of legal and financial basis for local self-governments. Chapter XIV of the Constitution states the following: Duties may be imposed on local governments only pursuant to law or by the agreement with the local government. Expenditure related to the duties of the state imposed by law on a local government shall be funded from the state budget. Art.155 - The units of local government are rural municipalities and cities. Other units of local government may be formed on the bases of and pursuant to procedure provided by law. Art. 156 - The representative body of a local government is the council which shall be elected in free elections for a term of four years. The period of authority of a council may be shortened by an Act due to a merger or division of local governments or the inability of the council to act. The elections shall be general, uniform and direct. Voting shall be secret. In the elections to the local government council, persons who reside permanently in the territory of the local government and have attained eighteen years of age have the right to vote, under conditions prescribed by law. Art. 157 - A local government shall have an independent budget, for which the bases and procedure for drafting shall be provided by law. A local government has the right, on the basis of law, to levy and collect taxes, and to impose duties. Art.158 - The boundaries of local government units shall not be altered without considering the opinion of the local governments concerned. Art. 159 - A Local government has the right to form associations and joint agencies with other local governments. Art. 160 - The administration of local governments and the supervision of their activities shall be provided by law. Main legislative acts governing structure of local government Territory of Estonia Administrative Division Act (adopted February 22, 1995; consolidated text April 2002) provides the administrative division of the territory of Estonia, the alteration of administrative-territorial organisation, and the bases and procedure for the alteration of boundaries and changes to the names of administrative units. State Budget Act (adopted June 9, 1999; consolidated text April 2004). This Act provides the procedure for the drafting, passage and implementation of the state budget, including the basis for the allocations and appropriations from the state budget to local governments. Rural Municipality and City Budgets Act (adopted June 16, 1993; consolidated text December 2003) sets forth the procedure for the preparation, passage and implementation of rural municipality and city budgets. Local Taxes Act (adopted Sept 21, 1994; consolidated text May 2004) provides for local taxes, the procedure for imposition of local taxes and the requirements for local taxes. Local Government Council Election Act (adopted March 27, 2002; consolidated text December 2008). This Act regulates the formation of electoral districts and polling divisions, registration of voters, nomination and registration of candidates, etc. Pursuant to the law, local authorities receive funds from the state budget to carry out local elections. Promotion of Local Government Merger Act (adopted June 28, 2004). This Act establishes the principles for merger of local governments and the principles for promoting such merger, the requirements for the accessibility of public services offered by local governments after the merger, the bases for allocation of grants from the state budget for covering the costs related to merger, and the principles for compensating for the decrease of state budget allocations after the merger. Local Government Associations Act (adopted Nov 6, 2002) provides the specifications for the foundation and activities of regional associations of local governments and national associations of local governments as compared to the Non-profit Associations Act. Public Service Act (adopted February 15, 1995; consolidated text April 2005). This Act provides the employment conditions of civil servants, their rights and obligations. This Act regulates evaluation of officials, their promotion and dismissal, reserve of officials, etc. Local government service and public service are not uniformly regulated in Estonia. |
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