Strasbourg, 9 April 2009                                                                      CDLR(2009)15

Item 9.1 of the agenda

                                                                                                                         

EUROPEAN COMMITTEE ON LOCAL AND REGIONAL DEMOCRACY

(CDLR)

COUNCIL OF EUROPE STRATEGY FOR INNOVATION

AND GOOD GOVERNANCE AT LOCAL LEVEL

Information document

Secretariat Memorandum

prepared by the Directorate General of

Democracy and Political Affairs

Directorate of Democratic Institutions


This document is public. It will not be distributed at the meeting. Please bring this copy.

Ce document est public. Il ne sera pas distribué en réunion. Prière de vous munir de cet exemplaire.


 

The Strategy

The Strategy is a practical instrument which strives to generate synergies among all stakeholders, be they local, regional, national or European,  by working  together with common instruments (implementation mechanism as defined by the Strategy) for improving the quality of local governance according to a shared vision (the 12 Principles of good democratic governance).

Based on various work conducted by a number of international bodies and the Council of Europe, the twelve Principles of Good Democratic Governance sum up and proclaim what good governance at local level is all about.

The implementation of the Strategy is based on three pillars:

•     Individual commitment towards improving performance in the light of the 12 Principles and regular evaluation by local authorities;

•     Examination of framework conditions and, where appropriate, corrective action taken jointly by governments and associations of local authorities;

•     A European Quality Label prepared by the Council of Europe to be delivered nationally in order to acknowledge the achievement of a certain overall level of governance by municipalities in respect of the twelve Principles.

An information document which should be published shortly in the form of a brochure appears in Appendix 1.

State of play

Endorsed in October 2007 by the Ministers responsible for local and regional government in Valencia, the Strategy was adopted in March 2008 by the Committee of Ministers.

The Stakeholders’ Platform, which is the Council of Europe’s co-ordination body set up for the Strategy, met twice: the first time in June 2008 when it notably established its rules of procedure and examined guidelines for countries that decide to implement the Strategy, and in December 2008, when it launched the preparation of the European Quality Label. The Stakeholders’ Platform has ten members, two from each the Committee of Ministers, the Parliamentary Assembly, the Congress, the CDLR and the Conference of International NGOs.

To date, official decisions to implement the Strategy have been taken in Belgium (separately in the three regions), Bulgaria, Norway, Spain and Ukraine. In Italy and Austria, the associations of local authorities have also decided to join. The Slovak and Italian governments are expected to officially join soon.

The Molise Region in Italy has joined the Strategy by officially adopting the 12 Principles. It also invited the local authorities on its territory to adopt them. A majority of them have already joined. Other regional and local authorities have expressed an interest to joining in Italy, France, Austria and Romania.

In his quality as Special Envoy of the Secretary General, Mr Di Stasi has made visits to Prague, Kiev, Innsbruck, Vienna, Bratislava, Bucharest, and Ploiesti. Before the next Session of the Ministerial Conference, he is expected to travel also to the Russian Federation, Hungary and Sweden.


The European Label

The preparation of the Label was launched in December by the Stakeholders’ Platform. It is expected that:

-          the first version of the Label should be prepared with the help of several local authorities and experts and should be presented to the Stakeholders’ Platform in June 2009;

-          in the second part of 2009, the Label should be submitted to the CDLR and should be road-tested with the help of a number of volunteering local authorities from the participating countries.

A first Benchmark (evaluation tool) for the label was prepared by the Centre of Expertise but was considered to be too complex by several local authorities which were informally consulted.

A new benchmark should be prepared with the help of three Norwegian experts contacted by the Norwegian Association and should be discussed at a meeting co-organised with the City of Strasbourg on 22 April in Strasbourg. At this meeting, representatives of local authorities and experts in the field of evaluating local government performance should discuss this benchmark and make recommendations to the Secretariat for its improvement.

A draft agenda for this meeting appears in Appendix 2. 


Appendix 1

The Strategy for Innovation and Good Governance at Local Level

(Valencia Strategy)

Citizens at the heart of local democracy

Local democracy is an essential component of the democratic fabric of European societies, as proven by the large number (43) of states that have ratified the European Charter of Local Self-Government. European citizens live and work in cities, towns and villages. They pay local taxes and they receive most of the public services from their local authorities. They take part, to various degrees, in the social and political life at local level. In the end, the quality of their life and the quality of democracy itself depends to a large degree on the quality of the local governance.

What citizens want and deserve are public authorities that take their needs and hopes to heart, that look into the quality of their lives and try to improve them. They expect their voice to be heard, not only during the electoral process, but throughout the exercise of public office and in the definition and organisation of public services. When they look at their local authority, they expect it not only to respect the law, but also to continuously improve and evolve with its time and for their benefit. They expect the services they pay for to be of good quality, to be provided effectively by a local administration that is transparent, accountable and responsive.

Local authorities take up the challenge

Being an effective, transparent, accountable local authority is not a luxury but a wise investment. Streamline decision making, improve the quality of services, listen to the citizens, respect diversity, cater for the needs of the socially disadvantaged: all this takes time but delivers results. Citizens feel listened to, quality of life improves, the local authority becomes a local community where people enjoy living and working.

The Council of Europe encourages the continuous improvement of the quality of democracy at all levels, starting from the local level. It supports local authorities that commit themselves to being places where democracy in action meets the challenges of effective democratic governance. It urges governments to put in place the policies and tools that would help enable local authorities to effectively run local affairs. It facilitates exchanges of experience and practices in order for local authorities and their associations to learn from each other. It rewards the authorities that meet the targets of good governance with a unique European Label.

This is the Strategy for innovation and good governance at local level, and your local authority can be part of it.


A European Strategy – what for?

The quest for better government is widespread across Europe. The challenges to local governance may vary from country to country but the goal is the same: place citizens at the heart of all democratic institutions and processes. To do so, local authorities need to constantly improve their governance, not in a vacuum, but with reference to “twelve principles of good democratic governance” that encapsulate the fundamental values of European democracy. The governments, on the other hand, shall create and maintain the institutional preconditions for the improvement of governance at local level, building on their existing commitments in accordance with the European Charter of Local Self-Governmentand other Council of Europe standards.

In 2007, at Valencia, the European ministers responsible for local and regional government of the member states of the Council of Europe wanted this to be a shared objective of their respective countries. The Committee of Ministers of the Council of Europe made it a European Strategy for Innovation and Good Governance at Local Level. The institutions of the Council of Europe – the Committee of Ministers, the Parliamentary Assembly, the Congress of Local and Regional Authorities and the Conference of international NGOs representing the voice of civil society – stand ready to make it happen in all European countries, by providing guidance, exchange of experience and practical help.

What does the Strategy contain?

The Strategy has two essential elements – a comprehensive definition of good democratic governance and an implementation mechanism.

What does good democratic governance amount to? Based on various work conducted by a number of international bodies, and following discussions by Council of Europe stakeholders, twelve Principles of Good Democratic Governance sum up and proclaim what good governance at local level is all about. A detailed presentation of these Principles is given on the last page.

The implementation of the Strategy is based on three pillars:

·         Local authorities shall commit themselves to continuously improving their performance: they are invited to formally adopt the twelve Principles and undertake regular evaluation in their light;

·         Governments and associations of local authorities – at the level most appropriate depending on the constitutional organisation of the state – draw up and adopt national programmes of action, highlighting measures and steps to be undertaken by each side;

·         A European Quality Label prepared by the Council of Europe is delivered nationally to acknowledge the achievement of a certain overall level of governance by municipalities in respect of the twelve Principles.


What can central authorities do?

In all European states, central authorities can discuss the Strategy with the national association(s) of local authorities. If they agree that the Strategy would help them to create the conditions for the improvement of local governance, they can officially join it and start working on its implementation.

The implementation usually follows these steps:

·           Appointing a project manager to co-ordinate the implementation;

·           Conducting a needs analysis in the light of (some of) the twelve Principles, in order to see which ones would need specific efforts for ensuring improvement;

·           Discussion of the results of the analysis and sharing experience and know-how with other countries;

·           Adoption of a Programme of Action to set out specific activities to be carried out (such as the provision of training and capacity-building programmes, legal reform, offering incentives, ensuring exchange of experience etc).

Participating countries (governments and associations of local authorities) can subsequently invite local authorities to sign up and pursue the implementation of the twelve Principles. They may also invite a number of municipalities to take part in the development of the European Label.

What can local authorities do?

If your country has officially adopted the Strategy, your local authority may expect to be invited through the national association, to take the appropriate action (see above). But even if no official action has yet been undertaken, a municipality may nevertheless:

·           examine and adopt (preferably by City Council Resolution) a formal commitment to the twelve Principles of Good Democratic Governance;

·           make this commitment public, by informing the citizens through the most appropriate means;

·           inform the Council of Europe, as well the central and regional authorities about the adoption of the commitment;

·           select a number of priority principles among the twelve to work on in the short/ medium term;

·           possibly, create a plan of action to be undertaken in order to improve its performance in relation to the priority principles;

·           examine, at least annually, the results obtained in respect of the priority principles; such examination could be based on a report by the Mayor to the Council, by a council committee or on an independent technical report.

What can regional authorities do?

In countries where regions have major responsibility over the functioning of local authorities, the initiative to adhere can be taken at the level of the region.


Also, as major political and administrative entities with an interest in improving their own governance, regions too could take inspiration from the guidelines offered above to local authorities.

As authorities with an interest in facilitating the improvement of the quality of governance of local authorities on their territory, regions could:

·           promote the strategy among local authorities, by disseminating information about its content, benefits and implementation mechanism;

·           invite local authorities to officially join the Strategy;

·           organise joint meetings of local authorities of the region to exchange experience;

·           provide a platform and a forum for discussion;

·           as the case may be, facilitate, support or create favourable conditions to enable local governments to improve the quality of their governance;

·           where possible, encourage local authorities to implement the Strategy, for example by disseminating information about it and/or awarding the most committed local authorities.

What is the new European Quality Label?

The new European Label on Innovation and Good Governance is an instrument aiming at rewarding local authorities which achieve a high overall level of governance in the light of the twelve European Principles.

The Strategy provides for a decentralised process of awarding the label. In such a system, countries which are implementing the Strategy (including by preparing and implementing programmes of action), can entrust a national organisation with the management of the process and set up independent selection panels which would be responsible for assessing the overall quality of governance of applicant municipalities against the twelve Principles.

The label is being developed in co-operation with a number of European local authorities and specialised institutions and it should be finalised in the first part of 2010.

Who is looking after the Strategy?

The Strategy is steered by the Council of Europe’s Stakeholders’ Platform, which comprises representatives of the Committee of Ministers, the Parliamentary Assembly, the Congress of Local and Regional Authorities, the European Committee on Local and Regional Democracy (CDLR) and the Conference of International NGOs.

The Platform’s brief is to follow and give guidance to the implementation of the Strategy and further develop it in the light of experience and to that end it:

·           provides support, upon request, to national and regional governments and local government associations when they are developing initiatives and programmes of action to deliver good democratic governance for the implementation of the Strategy;

·           endorses such programmes of action;

·           develops the European Label of Innovation and Good Governance in the light of the experience of testing by governments and associations that have volunteered to do so;

·           promotes the European Label of Innovation and Good Governance across the continent;


·           approves arrangements for awarding the Label to local authorities within individual member states and, upon request, provide the necessary technical assistance for developing such arrangements.

What if I want to engage?

If you wish to engage in the Strategy – as a mayor, manager of a local authority, political decision maker or citizen – contact the association of local authorities in your country, the Congress of Local and Regional Authorities of Europe or the Directorate of Democratic Institutions of the Council of Europe. They will help you take the right steps for your municipality, region or association to become a well governed, nice place to live in, where the European principles are respected and fundamental values enhanced.


The Twelve Principles of Good Democratic Governance at Local Level

Principle 1. Fair Conduct of Elections, Representation and Participation

●        Local elections are conducted freely and fairly, according to international           standards and national legislation, and without any fraud.

●        Citizens are at the centre of public activity and they are involved in clearly           defined ways in public life at local level.

●        All men and women can have a voice in decision-making, either directly or           through legitimate intermediate bodies that represent their interests. Such           broad participation is built on the freedoms of expression, assembly and           association.

●        All voices, including those of the less privileged and most vulnerable, are heard and taken into account in decision-making, including over the allocation of resources. 

●        There is always an honest attempt to mediate between various legitimate interests and to reach a broad consensus on what is in the best interest of the whole community and on how this can be achieved.

●        Decisions are taken according to the will of the many, while the rights and           legitimate interests of the few are respected.

Principle 2. Responsiveness

●        Objectives, rules, structures, and procedures are adapted to the legitimate expectations and needs of citizens.

●        Public services are delivered, and requests and complaints are responded to within a reasonable timeframe.

Principle 3. Efficiency and Effectiveness

●        Results meet the agreed objectives.

●        Best possible use is made of the resources available.

●        Performance management systems make it possible to evaluate and enhance the efficiency and effectiveness of services.

●        Audits are carried out at regular intervals to assess and improve           performance.

Principle 4. Openness and Transparency

●        Decisions are taken and enforced in accordance with rules and regulations.

●        There is public access to all information which is not classified for well-specified reasons as provided for by law (such as the protection of privacy or ensuring the fairness of procurement procedures).

●        Information on decisions, implementation of policies and results is made available to the public in such a way as to enable it to effectively follow and contribute to the work of the local authority.

Principle 5. Rule of Law

●        The local authorities abide by the law and judicial decisions.

●        Rules and regulations are adopted in accordance with procedures provided for by law and are enforced impartially.

Principle 6. Ethical Conduct

●        The public good is placed before individual interests.

●        There are effective measures to prevent and combat all forms of           corruption.

●        Conflicts of interest are declared in a timely manner and persons involved must abstain from taking part in relevant decisions.

Principle 7. Competence and Capacity

●        The professional skills of those who deliver governance are continuously           maintained and strengthened in order to improve their output and impact.

●        Public officials are motivated to continuously improve their performance.

●        Practical methods and procedures are created and used in order to transform skills into capacity and to produce better results.

Principle 8. Innovation and Openness to Change

       New and efficient solutions to problems are sought and advantage is taken           of modern methods of service provision.

       There is readiness to pilot and experiment new programmes and to learn           from the experience of others.

●        A climate favourable to change is created in the interest of achieving better results.

Principle 9. Sustainability and Long-term Orientation

●        The needs of future generations are taken into account in current policies.

●        The sustainability of the community is constantly taken into account.           Decisions strive to internalise all costs and not to transfer problems and           tensions, be they environmental, structural, financial, economic or social,           to future generations.

●        There is a broad and long-term perspective on the future of the local           community along with a sense of what is needed for such development.

●        There is an understanding of the historical, cultural and social complexities           in which this perspective is grounded.

Principle 10. Sound Financial Management

        Charges do not exceed the cost of services provided and do not reduce           demand excessively, particularly in the case of important public services.

●        Prudence is observed in financial management, including in the contracting and use of loans, in the estimation of resources, revenues and reserves, and in the use of exceptional revenue.

●        Multi-annual budget plans are prepared, with consultation of the public.

●        Risks are properly estimated and managed, including by the publication of           consolidated accounts and, in the case of public-private partnerships, by           sharing the risks realistically.

●        The local authority takes part in arrangements for inter-municipal           solidarity, fair sharing of burdens and benefits and reduction of risks           (equalisation   systems, inter-municipal co-operation, mutualisation of           risks…).

Principle 11. Human rights, Cultural Diversity and Social Cohesion

●        Within the local authority’s sphere of influence, human rights are           respected, protected and implemented, and discrimination on any grounds           is combated.

●        Cultural diversity is treated as an asset, and continuous efforts are made           to ensure that all have a stake in the local community, identify with it and           do not feel excluded.

●        Social cohesion and the integration of disadvantaged areas are promoted.

●        Access to essential services is preserved, in particular for the most           disadvantaged sections of the population.

Principle 12. Accountability

       All decision-makers, collective and individual, take responsibility for their           decisions.

       Decisions are reported on, explained and can be sanctioned.

       There are effective remedies against maladministration and against actions          of local authorities which infringe civil rights.


Appendix 2


      

                                                                             Strasbourg, xxxxx

Workshop on the preparation of a European Label on Innovation and Good Governance at Local Level – Strasbourg, 22 April 2009

Palais de l’Europe, Room 6, Council of Europe

Strasbourg

Wednesday, 22 April 2009

From 9 a.m. to 6 p.m.

Draft Programme


09:00- 09:20  Opening of the meeting by Mr Childerik Schaapveld, Director of Democratic Institutions of the Council of Europe

Welcome address by Mr Roland Ries, Mayor of Strasbourg

Opening statements by [a representative of] the Congress of Local and Regional Authorities and Mr Giovanni Di Stasi, Special Envoy of the Secretary General for the promotion of the Strategy for innovation and good governance

                  

09:20- 09:30  Introduction

-          What are the goals of the meeting

-          What are the relevant questions we should be asking

-          Which topics should we not forget?

09:30- 10:00  Presentation of the Good Governance Benchmark by Norwegian experts

                  

10:00 - 10:30 General discussion

10:30- 11:00  Coffee break

11:00- 12:45  Discussions on Principles 1-6

                   (Which is the best measuring approach? Are the selected indicators SMART? What should be added/deleted/revised? What does participants’ practical experience teach us?)

12:45- 14:30  Lunch offered by the Council of Europe

14:30- 16:00  Discussions on Principles 7-12.

16:00- 16:30  Coffee Break

16.30- 17:00 Discussion on the conditions for obtaining the label

17.00-17.45   Conclusions and follow-up

17:45- 18:00  Closing statements

19.00            Cocktail offered by the City of Strasbourg (tbc)