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persons. In accordance with the constitutional and/or international obligations of the party, the law may, in

particular, provide for measures specifically limited to voters.

4.1 Each Party shall recognise by law the right of nationals of the party to participate, as voters or

candidates, in the election of members of the council or assembly of the local authority in which they reside.

4.2 The law shall also recognise the right of other persons to so participate where the Party, in accordance

with its own constitutional order, so decides or where this accords with the Party’s international legal

obligations.

5.1 Any formalities, conditions or restrictions to the exercise of the right to participate in the affairs of a local

authority shall be prescribed by law and be compatible with the Party’s international legal obligations.

5.2 The law shall impose such formalities, conditions and restrictions as are necessary to ensure that the

ethical integrity and transparency of the exercise of local authorities’ powers and responsibilities are not

jeopardised by the exercise of the right to participate.

5.3 Any other formalities, conditions or restrictions must be necessary for the operation of an effective

political democracy, for the maintenance of public safety in a democratic society or for the Party to comply with

the requirements of its international legal obligations.

Article 2 – Implementing measures for the right to participate

1 The Parties shall take all such measures as are necessary to give effect to the right to participate in the

affairs of a local authority.

2 These measures for the exercise of the right to participate shall include:

i empowering local authorities to enable, promote and facilitate the exercise of the right to participate set

out in this Protocol;

ii securing the establishment of:

a procedures for involving people which may include consultative processes, local referendums and

petitions and, where the local authority has many inhabitants and/or covers a large geographical

area, measures to involve people at a level close to them;

b procedures for access, in accordance with the Party’s constitutional order and international legal

obligations, to official documents held by local authorities;

c measures for meeting the needs of categories of persons who face particular obstacles in

participating; and

d mechanisms and procedures for dealing with and responding to complaints and suggestions

regarding the functioning of local authorities and local public services;

iii encouraging the use of information and communication technologies for the promotion and exercise of

the right to participate set out in this Protocol.

3 The procedures, measures and mechanisms may be different for different categories of local authorities,

having regard to their size and competences.

4 In the planning and decision-making processes concerning measures to be undertaken to give effect to

the right to participate in the affairs of a local authority, local authorities shall be consulted insofar as possible,

in due time and in an appropriate way.

Article 3 – Authorities to which the Protocol applies

This Protocol applies to all the categories of local authorities existing within the territory of the Party.

However, each State may, when depositing its instrument of ratification, acceptance or approval, specify the

categories of local or regional authorities to which it intends to confine the scope of the Protocol or which it

intends to exclude from its scope. It may also include further categories of local or regional authorities within the

scope of the Protocol by subsequent notification to the Secretary General of the Council of Europe.