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MCL-17(2011)8

                  Council of Europe Conference

of Ministers responsible

for Local and Regional Government

                17th Session, Kyiv, 3 - 4 November 2011


Outlook to the future

Implementation of the Utrecht Agenda by the Council of Europe


Table of Contents

Introduction

I.        CDLR activities to meet the challenges identified in the Utrecht Agenda

II.      Other strands of action to meet the challenges identified in the Utrecht Agenda

III.     Conclusions and outlook to the future

Addendum I: CDLR activities to meet the challenges identified in the Utrecht Agenda

Addendum II:  Strategy for Innovation and Good Governance

Addendum III:  European Local Democracy Week

Addendum IV: Centre of Expertise for Local Government Reform and Cooperation Programmes

In Utrecht, European ministers collectively identified and prioritised

(by electronic vote) the following challenges as being of particular common interest:

1)   Managing the impact of the current financial/economic crisis

2)   Addressing the low level of democratic participation in public life at local and regional level

3)   Reducing the complexity and cost of the current system of local and regional government and enhancing its efficiency

4)   Enhancing the capacity for and quality of governance in local and regional communities or authorities

5)   Addressing the impact of demographic/migration trends

6)   Improving access to public services delivered at local and regional level

7)   Making it easier for local and regional authorities to co-operate across frontiers

Introduction

The Utrecht Agenda For Delivering Good Local And Regional Governance (2010-2013)” was adopted at the 16th Ministerial Conference in Utrecht in 2009 by the European Ministers responsible for Local and Regional government in order to pursue their objective of delivering good local and regional governance in their respective member States whilst contributing to and making use of the Council of Europe and its work to the greatest possible extent.

Further to the adoption of the Utrecht Agenda, the Ministers instructed their representatives in the European Committee on Local and Regional Democracy (CDLR) to draw up a concrete programme of activities for the years 2010-2013 that reflects the priority the Ministers had given to the challenges, takes account of the priority given to actions at national and regional level and determines outputs that meet the highest possible level of support.

In the Utrecht Agenda, the Ministers support and encourage the other strands of action, notably the Strategy for Innovation and Good Governance at Local Level, based on the twelve principles of good democratic governance at local level and establishing the European Label of Good Governance at Local Level, capacity-building at local and regional level through the Centre of Expertise for Local Government Reform, legislative and policy assistance through co-operation programmes and the European Local Democracy Week. They agreed to examine regularly the results of these strands of action and to promote them among governments, local and regional authorities, their associations as well as with potential partners and donors.

The present report aims at providing a general overview of the actions taken and results achieved during period concerned (2010-2011) and covers CDLR activities to meet the challenges identified in Utrecht and the activities of other strands of action, notably the Strategy for Innovation and Good Governance, the European Local Democracy Week, and the Centre for Expertise for Local Government Reform and Cooperation Programmes.

The Addenda to this report contain detailed overview of the activities in question.

I.         CDLR activities to meet the challenges identified in the Utrecht Agenda

The CDLR Programme of activities was developed on the basis of the (1) Utrecht Declaration, notably Declaration I (A) on the impact of financial/economic crisis on local and regional government and Declaration I (B) on government action to overcome obstacles to trans-frontier co-operation, including Protocol No 3 to the Madrid Outline Convention, (2) replies from member States to the questionnaire on the activities to meet the challenges identified in the Utrecht Agenda, and (3) supplementary proposals by the CDLR Bureau.

The programme contains twenty five outputs grouped under sevenbroad activities, each with a clearly defined objective, envisaged impact and time frame as well as one or two designated, rapporteurs and partners in the implementation. It should be born in mind that each output addresses several challenges. The interrelation among activities and challenges addressed is shown in the following table:

Table 1: CDLR Activities to meet the Utrecht challenges

Activities

Challenges addressed

1. Monitoring and responding to the financial and economic crisis

1- 3- 4- 6

2. Promoting the Additional Protocol

2- 4- 6

3. Analysing participation trends

1- 2- 3- 4- 6

4. Reducing the complexity and costs of the current system of local and regional government and enhancing its efficiency

1- 3- 4- 6- 7

5. Strengthening Good Democratic Governance

1- 2- 3- 4- 6- 7

6. Exploring new challenges

2- 3- 5- 6- 7

7. Strengthening the transfrontier co-operation

3- 4- 6- 7

Challenges

1

2

3

4

5

6

7

Managing the impact of the current financial /economic crisis

Addressing the low level of democratic participation in public life at local and

regional level

Reducing the complexity and cost of the current system of local and regional

government and enhancing its efficiency

Enhancing the capacity for and quality of governance in local and regional

communities or authorities

Addressing the impact of demographic /migration trends

Improving access to public services delivered at local and regional level

Making it easier for local and regional authorities to co-operate across frontiers

Activity 1 Monitoring and responding to the financial and economic crisis” included four outputs which were successfully completed within the timeframe anticipated. The report on impact of the financial crisis on local government was developed, published and disseminated which enabled member States to have accurate information on the financial and economic crisis, as well as on policy responses to help guide their actions in tackling the crisis. Two conferences focusing on this thematic issue were held in Strasbourg (September 2010 and June 2011) at which participants shared information and experience on how governments cope with the financial and economic crisis. The review report “Local Government in critical times: policies for crisis, recovery and sustainable future” was developed and will be presented at the 17th session of the Ministerial Conference in Kyiv.

Peer reviews as a new CDLR instrument for mutual learning between the member States was   tested in Iceland in June 2010. It focused on the proposals for changes to the financial framework for local government, developed by a joint committee of government and local government representatives. The work by the Peers was very much appreciated and has in many cases been taken into account in the elaboration of legislative proposals. This first test of the CDLR Peer Review tool was a success from the viewpoint of the main beneficiary. Other member States are encouraged to consider making use of this new working method.


Activity 2 Promoting the Additional Protocol” included two main outputs focused on the promotion of this recent Council of Europe acquis on local and regional democracy. Given that the “Additional Protocol to the European Charter of Local Self-Government on the right to participate in the affairs of a local authority” was open for a signature in Utrecht, this activity aimed at increasing awareness of the national stakeholders on the Additional Protocol by encouraging member States to organise workshops. Since the treaty CETS 207 was open for signature on 16 November 2009 seven member States ratified the Protocol (Estonia, Hungary, Montenegro, Netherlands, Norway, Slovenia and Sweden), and eight member States signed the Protocol (Armenia, Belgium, Cyprus, Finland, France, Iceland, Lithuania and United Kingdom).  

Activity 3 “Analysing participation trends” aimed at enabling member States to have insight into the low democratic participation in order to address issues effectively. Three outputs were designed and successfully implemented within the planned timeframe. (1) Report analysing “Low participation by certain groups in society and taking stock of the member States’ policies” was developed and adopted. Further to the Report, the Rapporteur proposed CDLR to explore follow up activities and to organise a workshop after the Ministerial Conference in Kyiv. CDLR agreed that it would be desirable to hold this workshop in conjunction with the CDLR meeting in spring 2012 in Strasbourg. (2) The Workshop on Participatory Budgeting was held on 10 May 2011, aiming at exchanging good practices on participatory budgeting and enabling member States to get a better understanding of this instrument. (3) The Report on the CDLR survey of the role of the central/regional government in participatory budgeting at local level was developed and adopted. The document addresses the legal framework and current practice in member States in participatory budgeting at local level, based on the data obtained from the replies to the questionnaire sent to member States, as well as input from the participants in the workshop on Participatory Budgeting.

The status of outputs within the activity 4 “Reducing the complexity and costs of the   current system of local and regional government and enhancing its efficiency”is as follows: (1) on 11 October 2011 Committee of Ministers adopted Recommendation (2011)11 on funding by higher level authorities of new competencies for local authorities; (2) the revised analytical tool for assessing the degree of autonomy of first-tier local authorities was published, which allows member States to re-examine the distribution of competencies and facilitates the consideration of decentralisation issues; (3) the development of a reference framework of the features of the systems of local and regional government in member States, which will replace the Structure and Operation reports,was undertaken but put on hold in light of the diminished resources projected for 2012 and 2013.

Outputs within theactivity 5 “Strengthening Good Democratic Governance” aimed at exploring the feasibility of a recommendation on good democratic governance and enabling pilot countries to exchange good practices on implementation of the Strategy for Innovation and Good Governance. The CDLR approved a draft Recommendation on the principles of good democratic governance at local level at its meeting in March 2011 and sent it to the Committee for Ministers for adoption.   


Activity 6 “Exploring new challenges” which responded to the challenge number 5 “Addressing the impact of demographic /migration trends” was postponed until capacity has been liberated by the completion of other outputs.

The main outputs achieved under Activity 7 “Strengthening transfrontier co-operation” are: starting with the preparation of the appendix(ces) to Protocol No 3 to the Madrid Outline Convention on Transfrontier Co-operation Between Territorial Communities or Authorities concerning Co-operation Groupings ; the consultation on obstacles to and best practice in crossborder cooperation held in Strasbourg on 12 September 2011; preparation of the declaration on removing obstacles to transfrontier co-operation as a part of the Kyiv declaration.

Since Protocol No.3 (CETS 206) was opened for signature on 16 November 2009, one member State ratified (Slovenia) and ten other member States signed it (Armenia, Belgium, Cyprus, France, Germany, Lithuania, Luxembourg, Montenegro, Netherlands and Switzerland).

II.       Strands of action to meet the challenges identified in the Utrecht Agenda

As regards the Strategy for Innovation and Good Governance, two countries (Bulgaria and Norway) have adhered to it and established the mechanism for granting the Label, while the Netherlands has adhered to the Strategy without introducing, so far, the European Label. In Austria, Belgium, Hungary, Slovakia, Spain and Ukraine central and regional authorities and/or local government associations have expressed an interest in joining the strategy and the preparations for formal adoption or launching are underway. However, 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. Even in the wake of the financial crisis and the economic downturn that affects all European countries, the values of “good governance” are recognised and considered as being important. Financial aspects sometimes render difficult for governments to immediately invest in the Strategy and the rolling out of the Strategy has therefore not progressed at the rate initially hoped for. However, countries which have decided to invest in “good democratic governance” have done so enthusiastically and with devotion and several more countries are aiming to join in due course. The adoption by the Committee of Ministers of a Recommendation on good democratic governance, developed by the CDLR, may also provide further positive impetus.

The European Local Democracy Week has proven to be an attractive European initiative that brings citizens closer to local government. In 2010, the general theme on “climate change” was positively received by participating cities and municipalities throughout Europe. By the “12 Star City” concept, new impetus was given to the ELDW in 2010. A dozen cities registered under this new “12 Star”-label and thus committed themselves specifically to the ELDW by dedicating resources to the event (staff, budget, PR-initiatives, European event, youth involvement).


“Human rights at local level” is the leading theme of the 2011 edition of the European Local Democracy Week. Some 27 municipalities from a wide number of member States of the Council of Europe (as of 1 of September), have already signed up. Brussels, Namur (Belgium), Utrecht (Netherlands), Mugla (Turkey) and Strasbourg (France) have been the first cities to register as "12 Star Cities".

Since the last Ministerial Conference, the Centre of Expertise for Local Government Reform has continued to develop its offer of modern and impact-oriented capacity-building tools and programmes to local authorities in Europe: it has finalised three new toolkits including model programmes and practical templates that can be used for driving up performance, it has started to work in new countries and to cover new topics (33 programme implemented in 19 countries in 2011) and it has continued to develop serious partnerships with various national and international institutions.

The level of policy and legal assistance offered to central governments for reforms in the field of local and regional democracy also remained high.

Both legal assistance and capacity-building activities were able to attract sizeable extra-budgetary resources in order to respond to as much demand as possible. However, as a result of the on-going reform of the Council of Europe, the level of resources (both human and financial) dedicated to these activities and funded from the ordinary budget of the Organisation will substantially diminish as from 2012.

III.     Conclusions and outlook to the future

Over the past two years, the Council of Europe through the CDLR and the other strands of action, notably the Centre of Expertise for Local Government Reform and Cooperation Programmes, the Strategy for Innovation and Good Governance and the European Local Democracy Week has focused on implementing a wide range of activities to address the seven priority challenges identified by Ministers in Utrecht. 

The CDLR’s effort to implement the Utrecht Agenda has been guided by the measures set out in the Utrecht Declaration to achieve strong ownership by member states. Notably, CDLR members were encouraged to take on the function of rapporteur for activities in which their country had a particular interest and they themselves had know-how and experience. Thus, the outputs and activities which were successfully completed over the past two years have been led and managed by the rapporteurs from member States.  

The functioning of the CDLR three sub-committees, Committee of Experts on Good Democratic Governance at local and Regional Level (LR-GG), Committee of Experts on Local and Regional Finance and Public Services (LR-FS), and Committee of Experts of Local and Regional Government Institutions and Cooperation (LR-IC), have been crucial to the CDLR’s successful implementation of Utrecht Agenda. Committees effectively performed their operational function by collecting information, organising workshops, holding preliminary discussions and preparing draft texts, enabling CDLR to concentrate on strategic options, substantive debates and final adoption of texts.


In the light of the information contained in this report and its addenda, it can be concluded that the Utrecht Agenda, so far, has been implemented to the fullest possible extent. However, it should be borne in mind that this report is a midterm report and takes stock of the implementation over 2010-2011.

The Agenda is being implemented using of innovative and flexible working methods (workshops, peer reviews, with the collaboration of rapporteurs, experts consultants both practitioners and academics, etc) and in successful cooperation with its partners (Open Society Foundations and those identified in the terms of reference of the CDLR as participants, other participants and observers). Furthermore, the CDLR Secretariat has been represented at the meetings of the EU member States’ High Level Group on Governance, thus being informed of developments in the area of local and regional government within the EU.

The general organisation of intergovernmental co-operation is geared to further increasing the complementarity between the CDLR and the other strands of action: the CDLR programme of activities and its outputs are comlemented by the in-country activities (capacity building and cooperation programmes for legal and policy assistance)of the Centre of Expertise, and the promotion of good governance at local and regional level by the rolling out of the Strategy for Innovation and Good Governance and the European Local Democracy Week.

Although the generally positive assessment of the CDLR work and the conclusion that the Utrecht Agenda has been fully implemented so far, the outlook to the future of intergovernmental work on local and regional democracy by the Council of Europe is very challenging . Recent decisions on the reform of the Council of Europe which affected intergovernmental structures (adoption of CM Resolution Res(2011)7, draft terms of reference of the CDLR and discontinuation of all its sub-committees, creation of new Directorate General of Democracy, and simultaneous reduction of available financial and human resources) require more than ever that innovative approaches to the Council of Europe’s work be pursued. Activities in field of local and regional democracy must ensure the greatest possible impact and value for taxpayer’s money. The increased opportunities for synergies and co-operation across departments and in member states should be vigorously pursued.