Strasbourg, 28 August 2009 CDLR(2009)34
Item 6.2 of the agenda
EUROPEAN COMMITTEE ON LOCAL AND REGIONAL DEMOCRACY
(CDLR)
DRAFT REPORT ON THE
IMPLEMENTATION OF THE BUDAPEST AGENDA
BY THE COUNCIL OF EUROPE
Secretariat Memorandum
prepared by the Directorate General of
Democracy and Political Affairs
Directorate of Democratic Institutions
 |
Introduction
This document contains the draft report on the CDLR activities and achievements under the Budapest Agenda (2005-2009) for the attention of the European Ministers responsible for Local and Regional Government. The report gives an overall picture of the actions taken and presents a number of points for evaluation of the work done. Detailed information is contained in the appended tables (document CDLR(2009)27 abridged will be appended to this report).
Action required
The CDLR is invited to examine and approve the draft report for transmitting to Ministers at the 16th session of the Ministerial Conference in Utrecht.
Draft report on the implementation of the Budapest Agenda
by the Council of Europe
Introduction
Local and regional democracy
Context of the work on local and regional democracy
I. Implementation of the Budapest Agenda (2005-2009)
Development of the standard-setting acquis
Development of the information and expertise base
II. Improvement of the CDLR working methods
III. Evaluation of the work and outlook
Appendix
- Overview of activities under the Budapest Agenda
Introduction
The Budapest Agenda for good local and regional governance was adopted at the 14th session of the Ministerial Conference in Budapest in 2005 with a view to determining and structuring intergovernmental work on local and regional democracy by the Council of Europe during the period 2005 to 2009.
For the intergovernmental co-operation issues, the European Committee on Local and Regional Democracy (CDLR) was entrusted with the implementation of the Agenda, under the supervision of the Ministers themselves. At the 15th session of the Conference in Valencia in October 2007 the Ministers reviewed progress with the various activities and updated the Agenda.
This report by the CDLR aims at providing a general overview of the action taken and of the results achieved during the period concerned and is supplemented by a detailed picture (Annex I) of the activities in question in tabular form.
In addition to direct CDLR activities, Council of Europe action in the field of local and regional democracy also covers co-operation programmes for democratic stability, the Centre of Expertise for Local Government Reform and the Strategy on Innovation and Good Governance at Local Level. In addition, the Congress of Local and Regional Authorities of the Council of Europe conducts activities on numerous topics relating to local and regional democracy.
Local and regional democracy
The concept of local and regional democracy could be described, in general, in terms of two interconnected but separate series of fundamental relations: "vertical" relations between central-government bodies and local and regional authorities, on the one hand, and "horizontal" relations between citizens and local and regional authorities, on the other hand.
Relations between central government and local and regional authorities essentially involve implementation of the principles of subsidiarity and division of powers between tiers of government, together with the allocation of financial resources through taxation and specific allowances or grants, including specific public services. Relations between citizens and local and regional authorities, the guiding principle of which is good governance at local and regional levels, strongly depend on the scope and means of participation in local and regional public life available to citizens and civil society. Respect for standards of public ethics at local and regional levels is also a key factor.
The international dimension of local and regional democracy is manifested particularly through transfrontier and interterritorial co-operation and co-operation between the local and regional authorities of several States. This dimension may affect the two fundamental relations mentioned above.
Local and regional democracy is an indivisible concept: legal powers, financial resources, administrative capacity at local and regional levels, citizen participation, trans-frontier and interterritorial co-operation and public ethics all influence one another. Dealing effectively with local and regional democracy entails not only addressing specific subjects thoroughly addressed but also developing transversal links with the other aspects.
This is the approach underlying the Budapest Agenda revised in Valencia and inspiring both the choice of challenges confronting States and identification of the actions needed to ensure good democratic governance at local and regional level in member States as a whole.
Context of the work on local and regional democracy
Local and regional democracy is an essential component of European democratic states. Ratification of the 1985 European Charter of Local Self-Government, to date the only international treaty enshrining the principles of local self-government, is a sine qua non for accession to the Council of Europe, and the Congress of Local and Regional Authorities of the Council of Europe monitors compliance with it. This situation is part of the Organisation’s unremitting efforts to deepen and broaden the concept of "democracy" at all levels of governance.
The European Charter of Local Self-Government also inspires and shapes intergovernmental co-operation within the Council of Europe on the problems of local and regional self-government. This co-operation is carried out by the European Committee on Local and Regional Democracy (CDLR), through which member States exchange information, analyse and compare national practices, define standards, promote observance of these standards and evaluate their impact with the aim of improving their own systems of local and regional democracy.
Intergovernmental co-operation enjoys the benefit of proposals and recommendations both from the Parliamentary Assembly and from the Congress, a body composed of representatives of local and regional authorities in Europe. The Conference of European Ministers responsible for Local and Regional Government provides guidance by identifying the objectives and actions to be taken and gives political endorsement to action by heads of administration in the various countries.
I. Implementation of the Budapest Agenda (2005-2009)
Further to the objective agreed on in Budapest, namely to "deliver good local and regional governance", the Budapest Agenda covers four key areas of local and regional democracy:
- legal framework and institutional structure of local and regional authorities;
- local and regional finance and public services;
- democratic participation and public ethics at local and regional levels;
- transfrontier and interterritorial co-operation between local and regional authorities.
Achievement of this objective has been pursued through development, on the one hand, of the standard-setting acquis, in order to provide a set of common references for all member States, and, on the other hand, of the information and expertise base, with the object of enabling member States to expand their knowledge, find a source of inspiration for good practice and draw on the expertise of their peers. Active dissemination of the acquis and of information, together with an evaluation of relevance in these two areas, remains necessary and useful.
Development of the standard-setting acquis
During the period 2005-2009, the CDLR, in close collaboration with the Parliamentary Assembly and the Congress of Local and Regional Authorities, added the following instruments to the Council of Europe's acquis:
Additional protocols
- Additional Protocol to the European Charter of Local Self-Government on the right to participate in the affairs of a local authority [17 November 2009];
- Protocol No 3 to the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities concerning Euro-regional Co-operation Groupings [17 November 2009].
Recommendations
- Recommendation Rec(2005)1 of the Committee of Ministers to member States on the financial resources of local and regional authorities (19 January 2005); [1]
- Recommendation Rec(2005)2 of the Committee of Ministers to member States on good practice in and removal of obstacles to transfrontier and interterritorial co-operation between territorial communities or authorities (19 January 2005);[2]
- Recommendation Rec(2005)3 of the Committee of Ministers to member States on teaching neighbouring languages in border regions;[3]
- Recommendation CM/Rec(2007)4 of the Committee of Ministers to member States on local and regional public services (31 January 2007);
- Recommendation CM/Rec(2007)12 of the Committee of Ministers to member States on capacity building at local and regional level (10 October 2007);
- Recommendation CM/Rec(2009)2 of the Committee of Ministers to member States on the evaluation, auditing and monitoring of participation and participation policies at local and regional level (11 March 2009).
After adoption, certain recommendations were actively promoted by means of accompanying texts, brochures or translations into unofficial languages, awareness seminars etc.
With regard to the conventions which it ensures the follow-up, the CDLR organises an annual “tour de table” on signings and ratifications of the Convention on the Participation of Foreigners in Public Life at Local Level (CETS No 144), the results of which are included in the report on developments in member States regarding citizen participation.
Development of the information and expertise base
The information and expertise base consists of thematic reports and handbooks and country-specific reports, which can be accessed on the local and regional democracy website[4] and on paper. Because they are full of examples of good practice and national experience, such tools are always useful and appreciated by member states.
Publications:
- Handbook and Abridged Handbook of Good Practice on Public Ethics at Local Level;
- Handbook on Finance at Local and Regional Level;
- Handbook on and Practical Guide to Transfrontier Co-operation;
- Reports on the structure and operation of local and regional democracy (2005-2009): Belgium, Denmark, Finland, Iceland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Portugal, Romania, [Russian Federation][5], Slovenia, Sweden, Turkey.
Reports on European practice:
- Report on recent developments in regional self-government in member states;
- Report on the relationship between central and local authorities;
- Report on intermunicipal co-operation;
- Report on local authority competence;
- Report on performance management at local level;
- Report on accounting rules and practice at local level;
- Report on internal auditing at local and regional level;
- Report on the funding of new responsibilities of local authorities;
- Report on the degree of conformity of member states’ policies with Council of Europe standards for local finances;
- Report on good practice in the relationship between local/regional authorities and the private sector ("public-private partnerships").
Information databases have been developed or created: LOREG (2000)[6] - which contains, in particular, the main points of national legislation and other information on local and regional democracy in member states – and MORE (2007)[7]- which indicates data and partners for transfrontier, transnational and interterritorial co-operation projects in member States.
Finally, two other tools have been developed:
- CLEAR – intended for local authorities for self-evaluation in the area of democratic participation, and
- a tool, currently being tested in a number of states, for evaluating the competences of local authorities in respect of both their extent and intensity.
II. Improvement of the CDLR working methods
Over the past few years, the CDLR has been permanently involved in reviewing the effectiveness of its intergovernmental working methods in order to ensure that its activities are always in tune with member States' true needs and that they have an impact at national level.
Part of this effort has been devoted to standardising sub-committee operation. The function of the subcommittees is to help the CDLR with its activities by collecting basic information, holding preliminary discussions and preparing draft texts, thus enabling the CDLR to concentrate on its strategic options, substantive debates and the adoption of texts. During the period 2005-2009, the number of sub-committees was reduced from four to three. They may meet up to twice a year but only if this is required by work on the CDLR's agenda. All member States have a seat on these subcommittees but the expenses of only 13 to 19 participants are reimbursed by the Council of Europe in accordance with CDLR rules and criteria, which are based on member states' interest and participation. The attendance of numerous member States even if they are not reimbursed shows clearly the usefulness of the CDLR's work.
Another aspect of this effort has been the strengthening of member State participation in Council of Europe work in the field of local and regional democracy. Through high-level contacts, member states have come to realise the importance of the CDLR as the only European forum where matters of local and regional democracy are addressed at intergovernmental level. They are invited to appoint representatives to the CDLR whose rank and administrative responsibilities in the ministries concerned reflect this specific CDLR specialisation. It is, moreover, essential for intergovernmental co-operation to be based on, and employed for, important areas and to be directed at current challenges faced by states. To do this, innovative co-operation methods have been introduced at no additional expenditure.
The "rapid response service" is provided through the CDLR Secretariat and is used when a member State wishes to ask a quick question and obtain information from other States about a specific matter in the field of local and regional democracy. The Secretariat receives between five and seven requests a year. Experience shows that responding states are highly reactive and have a genuine desire to contribute.
The "workshops" involve the organisation of meetings between member States concerned by a current topic in order to share experience and lessons. This procedure is a recent one, having been first applied in 2008. Even so, three workshops were organised in 10 months. In addition to national delegations (members of the CDLR), the host state welcomes representatives from other Council of Europe bodies and any other body interested in attending. The workshops are appreciated because of the opportunity they provide to obtain access to exact information on the situation or problems in a member State and to share the knowledge and practice of other States.
Member States’ involvement in the CDLR’s activities also includes the appointment of rapporteurs on a voluntary basis in a specific field. The role of the rapporteur is to collect relevant information from his colleagues - the representatives of member States - so that he can prepare a report on which to base a discussion or another CDLR decision.
III. Evaluation of the work and outlook
The approach involving the drawing up of an Agenda for intergovernmental co-operation and periodical evaluations of its implementation has proved amply satisfactory. Ministers not only reviewed and adjusted the Budapest Agenda in Valencia but also agreed to establish - in adapted form - a new Utrecht Agenda for the period 2010-2013.
Member states themselves report that the work of the CDLR is relevant. The Working Group on Institutional Reform (GR-REFR.INST) of the Committee of Ministers of the Council of Europe has asked them to answer a questionnaire evaluating the work and results of the Steering Committee. The replies[8] convey a high level of satisfaction and reveal that the work is very useful for drafting national legislation, starting a public debate and disseminating good practice. The following fields in particular have been covered: local self-government and local and regional authorities, transfrontier co-operation, professional ethics in public administration, the status of local authority staff, citizen participation at local level, local elections, local finance and the implementation of the principles of the Strategy for Innovation and Good Governance. This work furthers the implementation at national level of the European Charter of Local Self-Government, to which it contributes, and is useful to professionals in this field.
In the light of the appendix to this report and the details given above, one may say that the Budapest Agenda, which was revised in Valencia, has been implemented in full. Certain activities connected with the Agenda which are taking longer to implement will be continued after 2009 without losing their relevance.
The Agenda is being implemented through the use of flexible and innovative working methods (committee meetings as needed, workshops, RRSs etc) and the CDLR has itself adjusted its agenda and the management of its business according to the various priorities (duration of meetings, relationship between agenda items). The Kiviniemi report takes account of these developments and makes new proposals for improving the effectiveness of CDLR work.
It is important to strengthen the link between the Budapest Agenda - plus the future Utrecht Agenda - and the priorities of governmental action by member states, whether this involves using the Council of Europe’s acquis to implement the national agendas selected by member states for achieving their reforms, or choosing the areas of intergovernmental co-operation with a view to information exchange, pooling of expertise and devising of solutions (recommendations, conventions, guidelines) based on the "best practices" observed and implemented at national level.
In evaluating the effectiveness of the Budapest Agenda, it therefore appears a good idea to take account of the information and observations contained in the report on implementation of the Agenda by member states (document CDLR (2009) 35).
Adoption of the Budapest Agenda by Ministers was a novelty. On the basis of experience, it is suggested that Ministers be asked to vote on the "challenges" and "actions" to be dealt with at intergovernmental level in order to strengthen their feeling of "ownership" of the Agenda.
The general structure of intergovernmental co-operation shows increasing complementarity between the various components: the CDLR and its activities, plus activities on the ground (co-operation and assistance), capacity-building activities (Centre of Expertise) and the general promotion of good governance at local level (Strategy). The new Utrecht Agenda should take account of all this.
[1] Not part of the Budapest Agenda
[2] Not part of the Budapest Agenda
[3] Not part of the Budapest Agenda
[5] Being validated by the State authorities
[6] Established via a voluntary contribution from Norway
[7] Established via a voluntary contribution from Italy
[8] GT-REF.INST (2009) 1 final of 9 April 2009