Strasbourg, 2 September 2009 CDLR(2009)37
Item 6.5 of the agenda
EUROPEAN COMMITTEE ON LOCAL AND REGIONAL DEMOCRACY
(CDLR)
DRAFT REPORT ON THE
STRATEGY FOR INNOVATION AND GOOD GOVERNANCE
AT LOCAL LEVEL
Secretariat Memorandum
prepared by the Directorate General of
Democracy and Political Affairs
Directorate of Democratic Institutions
 |
Introduction
This document (see Appendix) provides an account of the implementation of the Strategy for Innovation and Good Governance at Local Level, endorsed by the European ministers responsible for local and regional government at their 15th session (Valencia, 2007) and adopted by the Committee of Ministers of the Council of Europe in March 2008.
Action
The CDLR is invited to review and approve this document, and agree to submit it to the 16th session of the Ministerial Conference.
Appendix
Draft report on the
Strategy for Innovation and Good Governance at Local Level
Introduction
European states joined the Council of Europe with the aim of achieving greater unity for the purpose of safeguarding and realizing the ideals and principles that are their common heritage: democracy, human rights, rule of law. These values are as valid today as they were half a century ago. Citizens’ expectations however have evolved. Good governance has become a paradigm for giving real effect to the values and standards of democracy, human rights and rule of law.
In the field of local and regional democracy, already at the 14th session of their conference (Budapest, 2005), the European ministers had agreed “to make delivering good local and regional governance an essential objective to be pursued by our member states in order to respond to the challenges facing our societies and meet the legitimate expectations of our citizens”.
In 2005, the Heads of State and Government of the member states of the Council of Europe meeting in Warsaw for their Third Summit, declared that “effective democracy and good governance at all levels are essential for preventing conflicts, promoting stability, facilitating economic and social progress, and hence for creating sustainable communities where people want to live and work, now and in the future”.
Promoting good governance at local and regional level therefore became an essential objective of the Council of Europe in general and of the local and regional democracy intergovernmental sector in particular. In 2007, the work started on the identification of the principles that would encapsulate the essence of “good democratic governance at local level” and on the ways and means of making this a generally agreed objective for local authorities across Europe.
The Congress of Local and Regional Authorities of the Council of Europe gave its support to the concept of a “Strategy for innovation and Good Governance” to be submitted to the ministerial conference. Following the endorsement by the European Ministers responsible for local and regional government (Valencia, 2007), the Committee of Ministers of the Council of Europe adopted it in March 2008.
I. Purpose of the Strategy
The ambition of the Council of Europe in adopting the Strategy is to raise the quality of governance across Europe by making more and more local authorities in Europe committed to “delivering good democratic governance” to their citizens and by offering them a practical mechanism that can help to do so. That means supporting them to adopt virtuous policies and practices that would ensure that the local authority is managed in a way that respects fundamental human rights, delivers adequate services to its citizens, is responsive to citizens’ expectations and accountable before them. In short, the local authority places local citizens at the heart of all local institutions and processes.
To achieve this result, the Strategy provides both a comprehensive definition of good democratic governance (the twelve principles of good democratic governance[1]) and an implementation mechanism. Local authorities are invited to adopt the Strategy, i.e. to commit themselves officially and publicly to respect the principles. The conformity with the principles may be assessed on the basis of objective benchmarks and the municipalities that respect (most of) the principles can be awarded the European label of innovation and good governance.
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 INGOs.
II. Implementation of the Strategy
At the Valencia Ministerial Conference, three countries (Bulgaria, Norway and Spain) agreed to start the implementation of the Strategy at national level. Since then, several other countries (or regions, in the states where competences over local government are devolved to regions) have joined in. To day, the Strategy is being implemented – nation-wide or else – in Belgium (Brussels Capital region, Wallonia), Bulgaria, Italy, the Netherlands, Norway, Romania, Ukraine. In Austria, Belgium (Flanders), Hungary, Slovakia, central authorities and/or local government associations have expressed an interest in joining the strategy and the preparations for formal adoption or launching are underway[2].
The implementation of the Strategy rests on a commitment by local authorities which usually rely on their associations – and possibly also on central government support – for guidance and assistance in the adoption of the right policies and methods to conform to the twelve principles.
The starting point is the assessment of the situation in respect of the twelve principles on a country-wide basis, which reveals what difficulties exist or what legislative or other changes would be necessary in order for the municipalities to act in accordance with the principles. A partnership between the government and the association could ensure that both sides take the appropriate measures.
In some countries, programmes are already in place that aim to promote the same objectives and encourage local authorities to adopt virtuous policies and meet good governance targets. In these cases, the adoption of the European Strategy could be easier. Where similar nation- (or region-) wide programmes do not exist, the Strategy constitutes a good opportunity for promoting the adhesion by all local authorities – starting if appropriate, with pilot cities or on selected areas of the country – to the principles of good governance.
So far, the Council of Europe has provided direct advice to individual states (or regions) so requesting. Its assistance and co-operation programmes as well as the Centre of Expertise for Local Government Reform are at the disposal of the states (and regions) with a view to delivering the legislative assistance, the exchange of information and practice and the provision of capacity-building programmes that suit their needs.
The conditions for awarding the European Label are being established and will be tested in a number of municipalities from countries already committed to the Strategy. The first Label should be awarded in Autumn 2010.
III. Assessment and prospects
The response of (in) member states to the launching of the Strategy is encouraging. The number of participating states is constantly growing. The implementation of the Strategy requires a careful planning of steps, the mobilisation of political will and human and financial resources (at central and local level) that take time. However the trend is clear. Also in the wake of the financial crisis and the economic downturn that affects all European countries, the values of “good governance” are being given increased importance. Local authorities take pride in being awarded “quality” labels. People tend to move to and want to settle in communities that respect, for instance, environmental criteria and other good governance parameters.
The Strategy encapsulates the essential values of the Council of Europe in a form that is easy to understand and proposes an approach towards their implementation at local level that is also easy to follow (commitment by individual municipalities, European Label). The Strategy thus has the potential to become the beacon of local democracy for European states.
Ministers could reiterate their support for the Strategy and commit themselves to envisaging its adoption at domestic level (where this is not yet the case). They could also agree to review progress at their next session.
Appendix 1
The 12 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 ground 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
State of implementation of the Strategy in the Council of Europe’s member states that have adhered to or expressed an interest in it
Austria. The Austrian Association of Cities and Towns confirmed its availability to join the Strategy. Because of its limited competence in the field of local government, the federal government would only have a formal role, while the substantial role will stay with the Association. A project manager for the Strategy was appointed by the Association. The City of Innsbruck and the Land of Tirol have expressed their interest in piloting the Strategy and the Label.
Belgium - Brussels Capital Region. Following the decision by the president to join the Strategy, a Work plan is currently being drawn up. It will include both the implementation of the Strategy and the European Local Democracy Week. The work is done in close concentration with the local authorities and the neighbouring Region of Wallonia. It will be submitted for adoption to the forthcoming regional government following the elections held on 7 June 2009.
Belgium – Flanders. The Council of Europe was informed that at the meeting in June 2008 the regional government, the association and two cities (Zoersel and Genk) took a decision to start working on the Strategy.
Belgium – Wallonia. The region took a decision to adopt the Strategy and selected six of its principles to work on. The Association of Local Authorities, as well as several cities, expressed their interest in implementing selected principles of the Strategy.
Bulgaria. The government and the association (NAMRB) decided to join the Strategy in 2008. The Ministry of Regional Development has prepared the document on the needs analysis and the application of the principles of the Strategy and is working on an Action Plan.
France. Several municipalities, including Strasbourg, Lille, Pau, Briquebec, have expressed their interest in the Strategy. Some of these municipalities might test the Label in the second half of 2009.
Hungary. Both the Hungarian Association (TÖÖSZ) and the Ministry have expressed their interest to joining the Strategy. A conference to discuss the implications of such initiative will be organised on 30 September 2009 in Budapest.
Italy. The National Association of the Italian Municipalities (ANCI) has expressed its readiness to join the Strategy and has already prepared a needs analysis. The Molise region and several municipalities have adopted the Principles and will probably participate in the testing of the Label.
The Netherlands. The Government and the association (VNG) decided to join the Strategy. Several municipalities have volunteered to test the Label.
Norway. KS (Norwegian Association of Local and Regional Authorities) decided to participate as a pilot country in the implementation of the Strategy in 2007. A good dialogue between KS and the Ministry for Local and Regional Affairs has been established. There is an agreement that KS will implement the Strategy through a common Steering Committee, with activities partly financed by the Ministry.
Romania. The government and the four associations of local and regional authorities (villages, towns, municipalities and counties) showed interest in the Strategy. The President of the Prahova county council expressed his willingness to test the Strategy in this county. Several mayors from the Prahova county expressed their interest to road test the European Label.
Slovakia. Both the central government and the association of local authorities have confirmed their willingness to join the Strategy. They expressed an interest in co-operating with other countries and in particular Austria in its implementation.
Ukraine. The government has decided to join the initiative and organised a conference with the participation of the Council of Europe, Bulgarian, and Norwegian delegations in January 2009. A Task Force on the implementation of the European Strategy for Innovation and Good Governance at Local Level was created in February. The Minister of Regional Development and Construction approved an Action Plan on the implementation of the Strategy in Ukraine in 2009. Thirty-nine cities expressed a desire to pilot the implementation of the Strategy.