Summary

The authority to issue legislation of general application is an important and inseparable component of local governments without which it is not possible to resolve matters concerning the local life. Such authority grants to local governments the competence to perform their duties taking into account the local needs. However, the authority to issue legislation of general application is not unlimited. Local governments are connected with the general administrative system and governed by constitutional principles that limit the authority of local governments.
Under the Estonian Constitution, local governments have the right to enact rules of law in general and local interests. Local governments may issue legislation, equal in its legal effect with regulations issued by state authorities, as well as regulations outside their autonomy. Constitutional principles govern the issue of legislation of general application whereas regulations issued within the limits of delegated authority presume the existence of delegation rules. This means that legislation of general application must be enacted giving regard to the fundamental rights provided for in the Constitution, and the principles of reservation and relevance of law and the requirement of definition. The authority to issue legislation of general application is also limited by the scope of guarantee of local governments. It is not often easy to distinguish local matters from general ones. In addition to the limits on the local governments’ authority to issue legislation of general application, the competence and validity of local government authorities should be taken into account.