Strasbourg, 19 March 2012 CDLR(2012)6
Item 10 of the agenda
EUROPEAN COMMITTEE ON LOCAL AND REGIONAL DEMOCRACY
(CDLR)
FIRST EXCHANGE OF INFORMATION AND GOOD PRACTICES
ON INTERGOVERNMENTAL ISSUES CONCERNING LOCAL AND
REGIONAL DEMOCRACY AND CROSS-BORDER CO-OPERATION
For participation and exchange
Secretariat Memorandum
prepared by the
Directorate of Democratic Governance, Culture and Diversity
Democracy, Institution-Building and Governance Department
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Introduction
The recently adopted Terms of Reference require the CDLR to “exchange information, views and good practice among its members, observers and participants on intergovernmental issues concerning local and regional democracy and crossborder cooperation”. At its last meeting, the Bureau agreed to have the first such exchange of views at the present meeting of the CDLR and to invite delegations to make suggestions as to the themes to be discussed.
Four delegations put forward proposals as follows: Estonia and Portugal suggested an exchange of views on issues related to local finance and budgetary practices at local level; the Netherlands suggested a debate on the issue of management of local and regional authorities and Italy invited a discussion on citizens' and local authorities' consultation procedures and practices in the planning of major infrastructural projects having territorial impact. The detailed proposals of the four delegations appear at the Appendix.
The Bureau agreed that the these topics be debated at the present meeting of the CDLR as follows: firstly, the management if local and regional authorities, introduced by the Netherlands, secondly, local finance introduced by Estonia and Portugal and thirdly consultation procedures introduced by Italy. As this issues comes third, it may be right that the exchange continues at the next CDLR meeting.
In order for the discussion to be fruitful and enriching for all delegations, it is suggested to proceed as follows.
1 Delegations that have made the proposal make introductory statements. Written materials, if available, will be circulated to all delegations preferably in advance of the meeting. PowerPoint presentations, or similar, are possible and welcome.
2 CDLR delegations prepare themselves for the discussion, having regard to the issues or questions raised by the proponent delegations, and bring to the meeting relevant information or documentation. If available in time, these materials can be disseminated among delegations.
3 The exchange of views is summarised in the meeting report and possible follow up is decided by the CDLR at the close of the discussion.
4 The chair of the CDLR opens and moderates the discussion.
Action required
CDLR members are invited to prepare for and take part in the exchanges of views on (a) management of local and regional authorities, (b) local finance and budgetary practice at local level and (c) citizens’ and local authorities' consultation procedures and practices, having regard to the modalities listed above.
Appendix
Proposal from Estonia
We would like to propose an exchange of views regarding how are the Member States of the European Council ensuring and implementing norms described in Article 9 (para 1-5) of the European Charter of Local Self-Government. This is a larger task that can’t be performed via Tour de Table or any other form of discussion, hence the topic requires a deeper analysis in written regarding the ways of implementation the aforementioned paragraphs in Member States. The exchange of views could be in a form of a questionnaire – paragraph by paragraph - and would have an added value in Member States as it helps to compare approaches of Member States through different ways of fulfilling the criteria agreed upon.
Such interest in this topic derives from the need to have a concrete overview how these criteria are fulfilled. For example paragraph 2 which stipulates “Local authorities' financial resources shall be commensurate with the responsibilities provided for by the constitution and the law” raises a question whether the norm prescribes its implementation via generating standardized cost models for all or some services (i.e. calculating the implementation cost of a certain task for a single local government that enables to assess whether the local government respective revenues are sufficiently covered from the block-grant system), establishing norms on providing services or setting service standards for all local public services etc.
European Charter of Local Self-Government
Article 9 – Financial resources of local authorities
Local authorities shall be entitled, within national economic policy, to adequate financial resources of their own, of which they may dispose freely within the framework of their powers.
Local authorities' financial resources shall be commensurate with the responsibilities provided for by the constitution and the law.
Part at least of the financial resources of local authorities shall derive from local taxes and charges of which, within the limits of statute, they have the power to determine the rate.
The financial systems on which resources available to local authorities are based shall be of a sufficiently diversified and buoyant nature to enable them to keep pace as far as practically possible with the real evolution of the cost of carrying out their tasks.
The protection of financially weaker local authorities calls for the institution of financial equalisation procedures or equivalent measures which are designed to correct the effects of the unequal distribution of potential sources of finance and of the financial burden they must support. Such procedures or measures shall not diminish the discretion local authorities may exercise within their own sphere of responsibility.
Kaur Kaasik-Aaslav
Ministry of the Interior
Proposal from Portugal
Here goes the Portuguese answer about “Echanges de vues”: for us would have interest to discuss some issues related to the local finance and (good) budgetary practices at the local level. Among other topics we would like to discuss:
- Borrowing limits;
- Recovery of local and regional authorities in financial difficulties;
- Best practices of local budgeting;
- Local government owned enterprises.
Sonia Ramalhinho
Directorate-General of Local Authorities
Proposal from The Netherlands
The Dutch delegation proposes to exchange views on the topic of ‘Management of local and regional authorities’.
All member states face governmental cuts and therefore all governments are interested in a less expensive and more efficient management of the public sector. The Council of Europe's Strategy on Innovation and Good Governance at Local Level, in Principle 3 (Efficiency and Effectiveness), also refers to making the best use of available resources and measuring its effectiveness.
The Netherlands has developed a tool called “Windows for Management in Local Government” that provides insight for managers into the management of their organisation and have effective discussions about ambitions, choices to be made and areas of improvement. The tool exists of two researches: a factual research in which concrete performance of management is to be measured based on 30 performance indicators. The second research focuses on the experience of employees. Combining the results from these two research activities gives indications in which way and where improvements should be made.
The Netherlands is willing to give a presentation on this topic and is interested in benefiting from any experiences from other countries in this field. Therefore, we would very much appreciate an exchange of views on this topic.
Auke van der Goot
Ministry of the Interior and Kingdom Relations
Proposal from Italy
Implementation of major public works projects in critical regions: the boundaries of social consensus and of economic development of higher-tier authorities
In Italy, it is often difficult to reach decisions about the location of major infrastructure projects or the implementation of measures which involve or might involve costs for local authorities.
Examples include projects such as the building of the Turin – Lyon railway line, which is also an issue abroad, the very lengthy discussions about the building of the Messina bridge (between Calabria and Sicily) and decisions concerning the establishment of safe sites for the disposal of nuclear waste (eg, Squinzano Jonico) or even ordinary landfill sites for municipal waste (Naples).
The difficulty is due in part to the existence of different levels of central and local government – the latter having its own functions with constitutionally guaranteed autonomy – which means that decisions concerning local authorities demand consultation and various forms of agreement between central and local government.
In the above-mentioned cases, the local communities concerned have seen the development – with varying degrees of organisation – of various types of opposition to the proposed projects, which has sometimes even been very radical.
From this point of view, Italy is perhaps an example of the trend referred to in international literature as nimbyism (not in my back yard syndrome).
One of the reasons for this trend possibly lies in the lack of codified procedures in the information and decision-making phases: consideration is being given here to introducing a law in Italy like the (French) law on public consultation and debate.
Italy therefore calls on the other member countries of the CDLR to focus their attention on the location of major public works projects in specific regions. In particular:
- Have you experienced difficulties of the kind described above? How were they dealt with in relation to institutional dialogue and to the social climate with the communities concerned?
- Decision-making: how many levels and which ones? Difficulties? Are there formalised procedures in your country?
- How was involvement of the local communities in the information and decision-making phases organised?
- Between local interests and supranational interests: Local democracy, yes, of course, but what if it conflicts with supranational democracy?
Francesco GIUSTINO
Department for Regional Affairs
Presidency of the Council of Ministers