Strasbourg, 14 April 2010                                                                     LR-GG(2010)4

                                                                                                                         

EUROPEAN COMMITTEE ON LOCAL AND REGIONAL DEMOCRACY

(CDLR)

COMMITTEE OF EXPERTS ON GOOD DEMOCRATIC

GOVERNANCE AT LOCAL AND REGIONAL LEVEL

(LR-GG)

UPDATING OF THE HANDBOOK
ON PUBLIC ETHICS AT LOCAL LEVEL

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.

Introduction

The updating of the “Model Initiatives Package on Public Ethics at Local Level” (adopted in March 2004 by the Noordwijkerhout Conference) was started in 2005. Twenty-one national contributions based the outline adopted in the “Package” were collected between 2005 and 2008. In December 2008, the CDLR adopted the structure for the new Handbook on Public Ethics at Local Level (Appendix I).

After a period of stand by in 2009 because of priority preparations for the 16^th Session of the Ministerial Conference, the updating of the Handbook has once again been included in the intergovermenatal programme of activities of the CDLR. It is envisaged to prepare a first draft Handbook by the end of August 2010 in order to be able to translate it for and present it to the CDLR at its October meeting, then to revise and publish it for the end of 2010.

* * *

A summary table of national contributions to date appears in Appendix II. These contributions were prepared on the basis of the outline used for drafting the first “Package”. The rapporteur then proposed and the CDLR adopted a new outline which differs from the first one (Appendix III). If this presentation outline is reiterated, the contributions received must be revised in order to bring them in line with it. The States concerned will also be invited to confirm the correct transposition of the information and to ensure that it is up to date.

Action required

The LR-GG committee is invited:

-      to confirm the proposed method and timetable for the preparation of the Handbook based on the elements presented in this document and during the meeting;

-      to decide whether to request States to verify the information previously provided and/or to request new contributions before 17 May 2010.

APPENDIX I

Structure of the new handbook on Public Ethics at local level

General title: HANDBOOK ON PUBLIC ETHICS AT LOCAL LEVEL
Part	Title	Contents	Contribution prepared by…
I	European practice in the field of public ethics at local level
A	“Country files”	Information presented according to the outline on p. 7	Information summarised by the Secretariat
B	Examples of national model initiatives	Best national examples (not following the outline)	Information presented by the Secretariat
II	Strategies, measures and tools in the field of public ethics at local level
A	Implementing public ethics at local level : European experiences and lessons	Overview on public ethics approaches in Europe : review of past and ongoing experiences, recommendations	Prof. Alain Doig
B	European experiences concerning the implementation of public ethics programmes (working titles to be specified) a)    Germany: Public Ethics in Germany - Current Challenges, Trends, and Examples b)    Poland: Transparent Poland c)    Spain: Conflicts of interest and control in the fields of town planning, land-use management and construction d)    United Kindgom: How to ensure the effectiveness of standards frameworks?	Individual contributions of international experts	a)    Dr. Patrick von Maravic, Zeppelin University Friedrichshafen b)    Cezary Trutkowski (PhD), Warsaw University c)    Prof. Dr. Manuel Villoria Mendieta d)    Dr. Gary Hickey, Standards Board for England
C	The tools of the Centre of Expertise for Local Government Reform of the Council of Europe: a)    Introduction to the tools developed by the Centre of Expertise (“score cards”, benchmarks, peer reviews, model codes of conduct etc.) b)    Experiences made in the application of Council of Europe tools in the following countries: -          Ukraine -          “The former Yugoslav Republic of Macedonia”	Presentation of different tools developed at the Council and experiences made with them “on the field”	a)    Centre of Expertise b)    By experts regularly collaborating with the Centre: -          For Ukraine: Michelle Witton (Ethical governance consultant specialising in local government / UK) and a national expert to be identified -          For “The former Yugoslav Republic of Macedonia”: Paul McCallion (Management consultant specialising in local government improvement / UK) and a national expert to be identified
III	Handbook of good practice	Part I of the “Model-initiatives package on public ethics at local level” updated through analysis of member States’ contributions	Update to be prepared by the Secretariat

APPENDIX II

National contributions on Public Ethics from 2005 to 2008

APPENDIX III

Outline I for the presentation of the national contributions in the “country files”

adopted by the CDLR in 2008

1. Elected representatives:

                   i.        Financing of political parties and electoral campaigns;

                  ii.        Control procedures for voting and vote counting operations;

                 iii.        Conditions of exercising public elected or executive mandates (rights, responsibilities, incompatibilities etc.);

                iv.        Control of elected officials’ activities;

                 v.        Control of activities of members of the executive;

                vi.        Responsibility of elected representatives;

               vii.        Control of representatives (capital and income, relations with the private sector, …).

2. Administration:

                   i.        Ethical codes of local authorities;

                  ii.        Recruitment procedures for local public administration staff;

                 iii.        “Disciplinary” codes;

                iv.        Relations with elected officials;

                 v.        Relations with the public (rights and responsabilities) and other public or private players (incompatibilities etc.);

                vi.        Publicity and transparency of public action (business participations, subsidies etc.);

               vii.        Audit procedures and sanctions.

3. Public tenders:

                   i.        Legislation: transposition of European norms (for member States of the European community), basic legislation, subordinate legislation or legislation applicable to local authorities, …;

                  ii.        Ethical and transparency rules;

                 iii.        Different forms of interaction with the private sector: partnerships, collaboration, call for tenders, competitions, division of assets etc.;

                iv.        Advertising;

                 v.        Audit procedures and sanctions

4. Democratic control:

                   i.        Participation;

                  ii.        Consultation;

                 iii.        Interpellation

                iv.        Jurisdictional procedures;

                 v.        Administrative and judicial litigation procedures

Outline II for the presentation of the national contributions in the “country files”

adopted by the CDLR in 2004

I.         Status of local and regional elected representatives

1.         General framework

Main legal instruments governing the status of elected representatives

Role of central, regional and local authorities in establishing the general framework for the status of elected representatives

Basic principles governing the status of elected representatives 

2.         Disqualification, termination of office and suspension

List of the conditions governing disqualification, suspension and termination of office

Legal standards concerning conflict of interest

3.         Rights and obligations of local and regional elected representatives

List of the main rights and obligations of elected representatives

4.         Liability of elected representatives

Legislation and practice

5.         Remuneration, working conditions and career development of local and regional elected representatives

Legislation and practice

6.         Training and co-operation with local and regional elected representatives

Legislation and practice

7.         Evaluation of compliance with standards

Description of indicators and mechanisms for evaluating compliance in this area

Available information on the degree of compliance

8.         Conclusions

Main problems encountered

Current or planned reforms in this area

II.       Funding of parties, political associations and individual candidates at local and regional levels

1.         General framework

Main legal instruments governing the funding of parties, political associations and candidates

Role of central, regional and local authorities in establishing the general framework for funding parties, political associations and candidates

Basic principles governing the funding of parties, political associations and candidates at local and regional levels

2.         Funding of local and regional parties and political associations

Legal obligations of the parties concerned

Role of the various authorities in funding parties and political associations

3.         Funding of local and regional election campaigns

Legal obligations of the parties concerned

Role of the various authorities in funding candidates and election campaigns

4.         Monitoring of compliance with standards governing the funding of parties and elections at local and regional level

Supervisory body

Mechanisms and procedures

Monitoring in practice

5.         Information and disclosure

Legal obligations concerning information and disclosure

Information and disclosure in practice

6.         Evaluation of compliance with standards

Description and results of the indicators and mechanisms for evaluating compliance in this area

Available information on the degree of compliance 

7.         Conclusions

Main problems encountered

Current or planned reforms in this area

III.      External monitoring of the activities of local and regional authorities

1.         General framework

Main legal instruments governing external monitoring

Principles of external monitoring

2.         External monitoring bodies and procedures

Powers and means of action of internal monitoring bodies

Mechanisms and procedures:  statutory provisions and practice

3.         Evaluation of compliance with standards

Description of the indicators and mechanisms for evaluating compliance in this area

Available information on the degree of compliance

4.         Conclusions

Main problems encountered

Current or planned reforms in this area

IV.       Status of local and regional public servants

1.         General framework

Main legal instruments governing the status of public servants

Role of central, regional and local authorities in establishing the general framework for the status of public servants 

Basic principles governing the status of public servants 

2.         Disqualification, termination of office and suspension

List of conditions governing disqualification, suspension and termination of office

Legislation on conflict of interest in the case of public servants

3.         Rights and obligations of local and regional public servants

List of the basic rights and obligations of public servants

4.         Liability of local and regional public servants

Legislation and practice

5.         Recruitment, remuneration, working conditions and career development of local and regional public servants

Legislation and practice

6.         Training and co-operation with local and regional public servants

Legislation and practice

8.         Evaluation of compliance with standards

Description of the indicators and mechanisms for evaluating compliance in this area.

Available information on the degree of compliance 

9.         Conclusions

Main problems encountered

Current or planned reforms in this area

V.        Local and regional authorities’ relations with the private sector

1.         Public contracts for the supply of goods and services

Statutory framework and obligations of the various parties involved

2.         Delegation of public services to the private sector

Statutory framework and obligations of the various parties involved

3.         Shareholdings

Statutory framework

The practice of local and regional authority participation in private undertakings

4.         Privatisation of public undertakings

Statutory framework and obligations of the various parties involved (insofar as they differ from those applicable to public contracts in general)

Practice of privatisation over the past ten years

5.         Subsidising associations and delegating public services to them

Statutory framework and obligations of the various parties involved

Frequency and size of subsidies

Frequency with which public services are delegated to the non-profit sector

6.         Issuing licences/permits and certificates (particularly in town-planning matters)

Statutory framework and obligations of the various parties involved

Practice and public opinion on the subject

7.         Management of municipal assets

Statutory framework and obligations of the various parties involved

Practice and public opinion on the subject

8.         Evaluation of compliance with standards

Description of the indicators and mechanisms for evaluating compliance in this area

Available information on the degree of compliance

9.         Conclusions

Main problems encountered

Current or planned reforms in this area