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Review of the working time directive

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CEMR calls for a balanced review of the Working Time Directive that respects local autonomy and public service delivery 


In response to the European Commission’s public consultation on the review of the Working Time Directive, the Council of European Municipalities and Regions (CEMR) reaffirms its long-standing position: any revision must safeguard both the health and safety of workers and the ability of local and regional governments (LRGs) to deliver quality public services. 

CEMR welcomes the opportunity for dialogue, while stressing the importance of flexibility, subsidiarity and legal clarity in any future proposals. The organisation emphasises that solutions must be tailored to the realities of the public sector at the local level and negotiated by social partners closest to those realities. 

A Directive in need of modernisation… but not at any cost 

Unchanged since 2003, the Working Time Directive is due for modernisation. However, CEMR warns that changes must not impose one-size-fits-all rules that hinder municipalities and regions’ capacity to organise their services effectively. 

CEMR supports a legislative framework that allows space for social dialogue, enabling employer-employee solutions that reflect local conditions and needs. It also opposes extending the scope of the Directive to cover areas beyond health and safety, such as pay, reconciliation of work and private life, or new work patterns, which are either beyond EU competence or should be left to national and local arrangements. 

Flexibility, Clarity and No Overreach 

In its response, CEMR reiterates the need for: 

  • Flexibility to adapt working time rules to diverse services and contexts; 
  • Respect for local autonomy and social partner agreements; 
  • Clarity and legal certainty to avoid confusion and facilitate implementation; 
  • No new legislative initiatives until the full impact assessments are published and analysed. 

CEMR’s position is rooted in its 2011 policy paper, which remains relevant due to the lack of substantial follow-up from the European Commission since its adoption. Until more is known from the latest assessments and stakeholder feedback, CEMR believes any legislative action would be premature. 

“Local and regional governments are employers and service providers. They know best how to balance workers’ rights with the need to ensure essential services run smoothly, day and night.” 
Council of European Municipalities and Regions (CEMR) 

Read the position paper here 

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European charter of municipal liberties 

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How the 1953 European Charter of Municipal Liberties laid the groundwork for local self-government in Europe 


In October 1953, more than one thousand mayors and local representatives from 16 European countries gathered in Versailles for a historic assembly. Out of their debates emerged the European Charter of Municipal Liberties, a pioneering text that recognised the essential role of municipalities in safeguarding democracy, peace, and citizen freedoms. Drafted and adopted under the auspices of the Council of European Municipalities, it was one of the first pan-European commitments to local democracy, years before the binding European Charter of Local Self-Government (1985). 

The Charter of 1953 marked a crucial step in Europe’s post-war reconstruction: ensuring that citizens had a say in shaping their communities, free from arbitrary authority, and rooted in centuries-old traditions of liberty and human dignity. 

The Charter of Municipal Liberties defined local self-government as the cornerstone of democratic societies. It emphasised that municipalities were the very foundation of nations, where citizens had the right and duty to participate in local life. 

Key principles included: 

  • Constitutional guarantees: Municipal liberties must be enshrined in law and safeguarded by independent courts. 
  • Autonomy in decision-making: Municipalities should decide on local matters, adapt national laws to local circumstances, and manage their own staff and administration. 
  • Financial independence: Local authorities should raise their own taxes and resources to meet citizens’ needs, with systems of compensation available for those with weaker resources. 
  • Checks and balances: Municipal decisions could only be controlled for legality, and boundaries could not be altered without consulting the affected population. 
  • International cooperation: Municipalities and their associations had the right to belong to international organisations to defend their interests and strengthen European unity. 

The Assembly also adopted a Resolution on Municipalities and European Institutions, declaring municipal self-government the “bulwark of personal liberties” and calling for local authorities to have a voice in the emerging European political community. 

The European Charter of Municipal Liberties (1953) was a visionary document that helped establish the principle that democracy begins at the local level. At a time when Europe was rebuilding from the devastation of war, it placed municipalities at the heart of political, social, and economic renewal. 

Though not legally binding, the Charter inspired decades of work to protect and strengthen municipal autonomy across Europe. It laid the moral and political foundation for the European Charter of Local Self-Government (1985), which gave these principles full legal recognition. 

Seventy years on, the 1953 Charter stands as a testament to the determination of Europe’s mayors and local leaders to defend liberty, democracy, and cooperation across borders, values that continue to shape Europe’s governance today. 

Read the charter here 

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European charter of self-government 

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How the European Charter of Local Self-Government reshaped democracy in Europe 


The 20th century witnessed the rise of local and regional democracy as one of the most important democratic innovations. At its heart lies the European Charter of Local Self-Government, the first binding international treaty to guarantee the rights of communities and their elected authorities. Adopted in 1985 under the Council of Europe, the Charter firmly established local democracy as the cornerstone of governance closest to citizens, ensuring that power is not only shared but decentralised in practice. 

The Charter was drafted within the Council of Europe after years of advocacy by the Standing Conference of Local and Regional Authorities of Europe, the predecessor of today’s Congress of Local and Regional Authorities. Opened for signature in 1985 and in force since 1988, it has been ratified by the overwhelming majority of Council of Europe member states. 

The Charter requires that the principle of local self-government be enshrined in domestic law or constitutions. It sets out clear democratic safeguards, including the right of citizens to manage public affairs through elected councils, the protection of local authority boundaries, and the free exercise of local elected representatives’ functions. 

A landmark principle of subsidiarity runs through the text: decisions should be taken at the level closest to the citizen. This decentralisation of power must be matched with adequate financial resources, ensuring local governments are able to act effectively. Safeguards against undue interference, guarantees of financial autonomy, and the right of local authorities to associate nationally and internationally further reinforce their role. 

The Charter is flexible, allowing governments to choose which provisions they accept, but also firm, requiring adherence to a core set of fundamental principles of local democracy. Monitoring by the Congress of Local and Regional Authorities ensures compliance and encourages states to respect and expand local autonomy. 

The European Charter of Local Self-Government remains the benchmark treaty for local democracy, affirming that democracy begins at the local level. It guarantees that communities have the autonomy, powers, and resources to manage their affairs, while protecting citizens’ rights to participate directly or through elected representatives. 

More than three decades after its adoption, the Charter has not only safeguarded local self-government but has become a foundation of European democracy. It continues to inspire reforms, guide constitutional principles, and strengthen the voice of local and regional authorities across the continent. In doing so, it secures what is perhaps democracy’s most vital truth: that governance is most effective when it is closest to the people. 

Read the charter here 

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Protecting local services 

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A new Charter asserts local governments’ rights over how public services are organised and delivered


CEMR adopts European Charter to defend local self-government and services of general interest!

Local and regional governments are on the front lines of delivering essential public services, from waste collection and housing to education and healthcare. Yet, their ability to make decisions on how these services are provided is increasingly shaped, and at times constrained, by EU internal market rules. In response, the Council of European Municipalities and Regions (CEMR) has adopted the European Charter on Local and Regional Services of General Interest, a call to reaffirm the role of local democracy in public service delivery. 

This Charter sets out fundamental principles to ensure that municipalities and regions retain the freedom to define, organise, and deliver services in the way that best responds to local needs. It highlights that there is no “one-size-fits-all” model for public service provision, it is up to elected local governments to choose between direct delivery, public-private partnerships, outsourcing, or other legal forms. 

The Charter underlines the growing tension between the EU’s market-oriented approach and the principle of local self-government. While the European Commission has promoted internal market rules as a tool for efficiency and competition, local and regional governments stress that services of general interest are not merely economic activities. They are social responsibilities, rooted in democratic choice and proximity to citizens. 

Key articles in the Charter emphasise: 

  • Local autonomy to decide how services are defined and delivered; 
  • Exemptions from internal market rules for non-commercial, social, cultural, educational, or environmental services; 
  • Recognition of inter-municipal cooperation and in-house provision as valid and lawful approaches; 
  • Limits to EU intervention, stressing proportionality and subsidiarity. 

CEMR is concerned that recent rulings from the European Court of Justice and some Commission practices risk undermining these democratic rights by imposing market principles too rigidly. This Charter is both a political statement and a tool for advocacy, calling on EU institutions to rebalance their approach and respect the democratic space of local and regional authorities. 

In the broader context of building a strong and democratic Europe, CEMR’s message is clear: strong local services need strong local democracy. The Charter is a step forward in ensuring that local voices remain central to the future of public service provision in Europe. 

Read the Charter: 

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