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SP Bill 70

European Charter of Local Self-Government (Incorporation) (Scotland) Bill

Full BillReconsideration Stage
Type: Member's
Andy

Independent

# European Charter of Local Self-Government (Incorporation) (Scotland) Bill The UK is a signatory to the European Charter of Local Self-Government, an international agreement that sets out principles for protecting the autonomy and democratic accountability of local authorities. However, the Charter's provisions are not directly enforceable in UK law, meaning local authorities and citizens cannot use Scottish courts to enforce these rights. This bill seeks to address that gap by incorporating the Charter into Scots law, giving it legal force and allowing breaches to be challenged through the Scottish court system. The measure reflects a broader desire to strengthen local democracy and governance in Scotland by making international commitments on local autonomy legally binding domestically. The bill would incorporate the Charter into Scottish law, making its principles directly enforceable by local authorities and potentially other parties. This would allow Scottish courts to assess whether local government actions comply with the Charter's requirements on matters such as the right of local authorities to regulate their own affairs and the protection of their resources. The bill represents an attempt to use Scotland's devolved legislative powers to enhance protections for local governance, though it raises questions about how incorporation would interact with existing UK treaty obligations and the practical scope of court enforcement in local government matters.

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Parliamentary Progress

Introduced

5 May 2020

Stage 1

4 February 2021

Stage 2

24 February 2021

Stage 3

23 March 2021

Reconsideration Stage

3 March 2026

Debate

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Data sourced from parliament.scot