Strasbourg, 10 November 2008                                                            SIGG/Platform(2008) 5

STAKEHOLDERS’ PLATFORM ON THE

STRATEGY FOR INNOVATION AND GOOD GOVERNANCE

AT LOCAL LEVEL

            STATE OF IMPLEMENTATION OF THE STRATEGY

Secretariat Memorandum

Prepared by the Directorate of Democratic Institutions

Directorate General of Democracy and Political Affairs

Foreword

Three countries volunteered in Valencia to start implementing the Strategy for Innovation and Good Governance at Local Level: Bulgaria, Norway and Spain. Belgium (Walloon Region, and later on, Brussels-Capital region) joined at a later stage. In Italy, the National Association of Communities (ANCI) has also started to work on the implementation of the Strategy.

A series of events concerning the Strategy were held since the first meeting of the Stakeholders’ Platform and offered the possibility to further discuss and promote the Strategy.

This document presents the recent developments in the implementation of the Strategy in the participating countries and in the promotion of the Strategy. More information will be presented orally during the meeting.

1.           Implementation by countries

Belgium(Walloon Region) joined the Strategy after the Valencia Conference. The Walloon Region has appointed a project manager (Mrs. Annie Vanbotedal-Biefnot) and has begun the work on the implementation with the preparation of an analysis of the legal framework in respect of the 12 Principles of good democratic governance. This analysis appears in Appendix 1. The Walloon Region is currently working on two other documents:

-      a needs analysis in respect of 6 priority principles;

-      a presentation of best practice identified in the Walloon Region in this respect.

The Brussels-Capital Region has just joined the group of countries to implement the Strategy and preparatory work is beginning.

In Bulgaria, the Ministry of Regional Development and Public Works and the National Association of Municipalities of the Republic of Bulgaria (NAMRB) have each appointed a project manager (Mr. Bellin Molov and Mr. Blagoy Stanchev respectively) and are working jointly on the implementation of the Strategy.

Bulgariahas already prepared the complete Technical analysis which is for the moment only available in Bulgarian. However, an extensive summing-up is available in English and appears in Appendix 2.

In Italy, although not a country officially implementing the Strategy, the National Association of Italian Communities (ANCI) has taken a number of steps to preparing its implementation. It has in particular already prepared an analysis of the legal framework in the light of the 12 Principles (available for the moment only in Italian). It also organised a seminar on the Strategy during its annual meeting in Trieste (see part 2 below).

In Norway, the national association (KS) appointed a project manager (Mrs. Ina Kathrin Ruud) to start the preparation of the implementation of the Strategy. Due to objective circumstances (maternity leave of the project manager) the implementation has been delayed, but it is expected that it would soon be resumed at increased speed.

Following the change of government in Spain after the Valencia Conference, there is no information available concerning the implementation of the Strategy in Spain. Contacts need to be resumed with the Spanish government and association of local authorities in order to evaluate if the commitment to the implementation of the Strategy remains valid.

Subject to interest and availability expressed by potential participants, a meeting of the countries involved in the implementation of the Strategy could be organised on 11 December in Strasbourg. During this meeting, project managers could exchange information and experience on the implementation of the Strategy. More information collected on this occasion will be presented by the Secretariat to the Stakeholders’ Platform during the meeting.

2.           Dissemination events

Since the first meeting of the Stakeholders’ Platform, the Strategy was discussed during several important international events.

On 6 October 2008, the Swedish Association of Local Authorities and Regions (SALAR) organised in Stockholm, in co-operation with the Congress of Local and Regional Authorities and the Council of Europe Commission for Human Rights, a seminar on “Systematic Work for Human Rights - a challenge to local/regional politics”, which examined, inter alia, the role of good governance in improving the respect of human rights and the link between the Strategy on Innovation and Good Governance and human rights at local and regional level. The agenda and the final document of this seminar appear in Appendices 3 and 4 respectively.

The annual meeting of the Club of Strasbourg took place on 21 and 22 October 2008 and was hosted by and organised in collaboration with the Council of Europe. Its main theme was good local governance – the agenda appears in Appendix 5. Representatives of the Congress of Local and Regional Authorities and of the Directorate General of Democracy and Political Affairs participated in the meeting. The latter presented the Council of Europe’s Strategy on good local governance, and its twelve principles.  The City of Strasbourg, as well as other members of the Club expressed their interest in implementing the Strategy. In its provisional final Draft Declaration (Appendix 6), the Club saluted the Strategy and declared commitment to the 12 principles.

The Club of Strasbourg was created in 2003 in the framework of the European Union enlargement. Today, 37 towns, state capitals and cities are members of the Strasbourg Club.

On 23 October 2008, the National Association of Italian Communities (ANCI) organised a seminar on Good Governance during its annual meeting which took place in Trieste. This seminar was dedicated to the Strategy on Innovation and Good Governance at Local Level. Its agenda appears in Appendix 7.

On 27-28 November 2008 will be held in Warsaw the meeting of the State Secretaries responsible for public administration of the Visegrad countries. A presentation and discussion of the Strategy is included on the agenda (Appendix 8).

Action required

This document is for information only.

Appendix 1

         Legal framework in place in the Walloon Region (Belgium)

1/ Principle 1: Fair conduct of elections, representation and participation

a)       Federal elections every 4 years.

Regional elections every 5 years.

Municipal and provincial elections every 6 years.

The key features of the Belgian electoral system are enshrined in the Constitution:

         Elections are by universal suffrage;

         The principle of proportional representation applies;

         Every member of the electorate has one vote;

         Voting is by secret ballot;

         Voting is mandatory;

         Voting takes place in the municipality. 

In addition, there is a raft of general and specific laws and regulatory decrees on elections.

b) The Belgian Constitution has also included the notion of gender parity on electoral lists since 2002.  This principle is further enshrined in the Code of Local Democracy and Decentralisation (CDLD).

Article  L4142-7 of the CDLD:

"The lists of candidates shall meet the following requirements:

1° no list may contain a number of candidates greater than the number of

councillors to be elected;

2° in each of the lists, the difference between the number of candidates of each sex may not be greater than one;

3° the first two candidates may not be of the same sex.

The provisions of the above paragraph shall apply only if the whole municipal or provincial council is standing for election.

c)   As regards civic participation, the CDLD further provides for the following:

-      municipal referenda (Articles L1141-1 to L1141-12);

-      provincial referenda (L2214-1 to L2214-12);

-      the possibility of establishing municipal (Article L 1122-35) and provincial (Article L2212-30) consultative councils;

-      the possibility of establishing participative councils at provincial level (Article L2212-31);

-      the possibility of requesting in writing explanations on the decisions of the provincial council and the provincial college (Article L2212-28);

-      the possibility for those living in the province to put direct questions to the provincial executive, at meetings of the provincial council (Article L 2212-29).

The Walloon Decree of 31 May 2007 on public participation in environmental matters includes a public inquiries procedure.

Numerous town planning decisions are subject to public inquiries (Walloon Code on Spatial Development – Article 4).

In order to encourage wider participation by citizens in the management of their local environment, the Walloon Code on Spatial Planning also provides, in Article 7, for the setting-up of municipal consultative councils on spatial development and mobility.

The Walloon Decree of 6 June 1991 concerns rural development operations and introduces, for example, municipal rural development plans.

        

2/ Principle 2:  Responsiveness

There is an ombudsman who operates across the Walloon Region. 

Introduced by decree of the Walloon Parliament on 22 December 1994, the Office of the Ombudsman for the Walloon Region is part of the wider effort to ensure open government.

The purpose of the Ombudsman’s Office, which is an independent institution, is to help people who experience problems in their dealings with the Walloon regional authorities.  The procedure for filing complaints is informal and completely free.

There is also a mediation service for intermunicipal associations in the Walloon Region (Article L1533-1 of the C.D.L.D.).

3/ Principle 3:  Efficiency and effectiveness

Under Articles L1123-27 and L2212-47 of the Local Democracy Code of 22 April 2004, municipal and provincial executives are required to submit to the municipal/provincial council within three months following the local elections, a general policy programme covering the period of their mandate, and including at least the main policy proposals.  This municipal or provincial policy statement is intended as an instrument for good governance, helping to organise the policy decisions taken by municipal or provincial councillors over the period that they are in office.  It is meant to help local authorities introduce a development programme that fits in with the regional strategy.

It should reflect the actual conditions on the ground and take account of both the political and financial constraints of these grassroots institutions.

Interaction between Public Centres for Social Action (CPASs) and the municipalities is encouraged:  there is a requirement to hold joint meetings between the municipal council and the social action council (CDLD Article L 1122-11) and the President of the CPAS is deemed to be a member of the municipal college (CDLD Article L 1123-3).  The annual joint meeting must include a presentation of the report on all interaction between the municipality and the CPAS, the economies of scale achieved and the elimination of unnecessary overlap in the activities pursued  (Institutional Act on CPASs).

Intermunicipal co-operation is achieved through agreements between municipalities (CDLD Articles L 1521-1 to 1521-3), project-based associations (CDLD Articles L1522-1 to 1522-8) and intermunicipal associations (CDLD Articles L1523-9 to L1523-25)

4/ Principle 4:  Openness and transparency

The CDLD includes provisions for publicising municipal and provincial council meetings (Articles L1122-20, L1122-21 and L2212-15) and a system of actively providing information and responding to requests for it (CDLD, Articles L3211-1 to L3231-9).

-      Active provision of information: requirement to appoint an information officer and to publish a document describing the administrative authorities that come under the municipality and the province; the contact details of the relevant staff member must appear on any correspondence from the municipality and the province; any documents notifying decisions or acts of individual application must indicate the appeal procedures.

-      Response to requests: the right to consult on the spot any administrative document (if the document is of a personal nature, proof of interest is required), on request, the right to rectification.

The CDLD requires municipal and provincial authorities to publish and display decisions taken and regulations adopted (Articles  L1133-1 to L1133-3, and L2213-2 and L2213-3).

The Commissariat EASI-WAL "E-Administration, Simplification" is the result of a merger between the Commissariat for Administrative Simplification and Wall-On-Line, the name given to the Walloon Region’s e-government project which was adopted in June 2001.  This Commissariat comes under the direct authority of the Minister-President of the Walloon Region.  Yet what is the role of this commissariat?

In the performance of their duties, local elected representatives (municipal and provincial councillors) have the following rights under the CDLD:

–             right of convening:  at the request of one third of the councillors, the chairman is bound to convene the council on the day and at the time indicated with the draft agenda;

–             right of initiative:  the right to propose the inclusion of an item in the agenda provided certain formalities and deadlines are observed;

–             right to question:  the right to put written and/or oral questions to the executive body;

–             right of inspection:  the right to see and consult items relating to the administration of the municipality or province.  The right of inspection naturally includes the right to consult files submitted to the council for consideration and to visit any establishments directly managed by the municipality or province;

–             the right to apply to the Council of State for annulment or suspension of any measure damaging to the individual’s interests as an elected representative.  

5/ Principle 5:  Rule of law

The decree of 1 April 1999 on the supervision of local authorities effectively placed municipalities, provinces and intermunicipal associations on the same footing and, most importantly, introduced lighter controls, in line with the general wishes of elected representatives and local authorities.  At the same time, there were some tentative moves towards establishing autonomous municipal and provincial companies, but supervision could be exercised only in relation to the setting-up of these companies. 

Should a problem arise later on in the life of the company, no supervisory authority had the power to act.  The 1999 decree was based on the notion of autonomy and empowerment of local authorities.  In practice, however, it meant that supervision became focused on approval.  The power to annul fell into virtual disuse, and was no longer exercised except in response to complaints.

The safety net that supervision was meant to provide thus contained a number of holes.  The recent decree of 22 November 2007 (CDLD, Articles L3111-1 et seq.) was an attempt to address this problem and, ultimately, to restore everyone to their rightful role.  In future, the supervisory authorities are to examine more local decisions while also taking action earlier on, by stepping up their educational role.  Local authorities will thus be encouraged to raise their standards, thanks both to this tighter scrutiny and, on a more positive note, to the training given to local elected representatives and officials.

A unified body of administrative case-law is gradually developing, through the rights granted to local authorities to petition their supervisory minister or the Council of State.  The annual report on the exercise of supervision, submitted by the minister to the regional Parliament, is a simple means of disseminating administrative case-law and, in so doing, promoting the principles of equal treatment, impartiality and foreseeability.

6/ Principle 6:  Ethical conduct

Local elected representatives have a general duty of care.  This duty is reflected in the prohibition on an elected representative intervening when he himself or his family have a direct or indirect interest in the decision to be taken, depending on the case.  The law sought in this way to prevent local elected representatives from using their position to influence such decisions. 

  

The CDLD (Article L1122-19) states that “it is prohibited for any member of the council or college:

l° to be present at the deliberations on subjects in which he has a direct interest, either personally or as a chargé d'affaires, before or after his election, or in which his parents or relatives up to the fourth degree inclusively have a personal or direct interest.  [This prohibition does not extend beyond parents and relatives up to the second degree in cases involving the nomination of candidates, appointments to posts and disciplinary action].  This prohibition does not apply to the provinces.]

2° to attend the examination of accounts of public administrations subordinate to the municipality and of which he is a member;”.

It is likewise prohibited for any member of the council or college (Article L 1125-10):

1° to participate directly or indirectly in any service, charging of fees, supply or award of contracts for the municipality;

2° to act as a barrister, notary or businessman in proceedings against the municipality.  He may not, in the same capacity, plead, advise in or follow any dispute whatsoever in the interest of the municipality, unless he does so free of charge;

3° act as counsel for a member of staff in disciplinary proceedings;

4° act as a trade union representative or expert on a negotiating or consultation committee of the municipality.

The above provisions apply to town clerks.

There are no disciplinary penalties for local elected representatives who fail in this duty of care.  Apart from any possible sanction by the electorate, they may, however, be liable to criminal prosecution.

Local elected representatives also have a duty of confidentiality in regard to information that comes to their attention in the course of performing their duties (notably in closed-door sessions or when exercising their right of inspection).  Elected representatives who reveal a professional secret are liable to the sanctions provided for in Article 458 of the Criminal Code and may be held civilly responsible for any harm done to third parties by the revelation of certain information.

In performing their duties, they may also learn of information of a private nature.  Like any other public authority, they are required to respect the provisions of the Act of 8 December 1992 on the protection of private life; if they fail to do so, they lay themselves open to judicial action.

Local elected representatives are also not covered by any immunity:  they are responsible for what they do and what they say in the performance of their duties.

Generally, the first responsibility of elected representatives (whether local or otherwise) is to keep a check on the action of the executive body.

The Act of 2 May 1995 on the requirement to submit a list of elective offices, posts and occupations and an assets declaration, applies notably to provincial governors, members of provincial colleges, mayors, aldermen and chairmen of CPASs. 

Article 3 of the above-mentioned act also requires the same individuals to deposit with the Court of Auditors, within a month of their first taking up a post or appointment, and on their resignation or the expiry of their term of office/post, an assets declaration that lists all claims (such as bank accounts, shares and stocks), all the property and all moveable items of value, such as antiques and works of art.

As indicated above, local elected representatives do not enjoy any immunity for acts carried out in the performance of their duties.  They are thus liable to prosecution under ordinary law should the case arise.

Disciplinary sanctions can be imposed only on mayors and aldermen:  suspension or dismissal for serious misconduct or gross negligence.

Under Article L 1123-14 of the CDLD, the municipal college is politically accountable to the council, which can table a (collective or individual) motion of non-confidence in the municipal college, or in one or more of its members.

At provincial level, under Article L2212-4 of the same Code, the provincial college is accountable to the council, which can table a motion of no-confidence in the provincial college or in one or more of its members.

Rules relating to professional conduct and ethics

Since the elections on 8 October 2006, municipal, provincial and social action councils have been bound to include provisions on professional conduct and ethics in their rules of procedure (CDLD Articles L 1122-18 and L2212-14).

These rules cover inter alia refusal to accept an appointment that could not be assumed in full, regular attendance at meetings of the council or local executive, relations between elected representatives and the local administration and willingness to listen to citizens and to provide them with information.

A circular was sent by the Home Affairs Minister to Walloon municipalities, CPASs and provinces, reminding them of this requirement (Circular of 1 December 2006 on the inclusion of rules relating to professional conduct and ethics).

7/ Principle 7:  Competence and capacity

By developing new general principles, the Walloon Region has established various guidelines for local and provincial authority staff. 

In so doing, it hopes to improve the effectiveness of the principles applied in human resource management and to meet the requirements of the new jobs that have emerged in local government. 

The application of new general provisions has had a direct impact on the career structure and pay of staff, enabling them to progress more quickly and obtain promotion.

Training as a basis for career development and promotion has been introduced, helping to achieve better results in terms of staff efficiency. 

These measures, which are regularly updated and developed by committees responsible for follow-up (e.g. conditions of service, benefits and allowances, leave, etc.) thus helps drive continuous improvement in the human resource management of local entities, developing staff motivation, training and skills and, in so doing, ensuring that the standard of service provided is more in line with what citizens want.  

As an incentive, training grants are available for local authorities that send their staff on training courses appropriate to their needs.

Following the creation of a Regional Training Centre as a consultation body for those involved in training local and provincial public sector staff and also as an advisory body, a framework agreement was signed between the Centre and the Walloon Region after consultations with the federations of town clerks and municipal tax inspectors and CPAS inspectors and discussions in committee, to provide training for managerial staff of local and provincial authorities in the Walloon Region.

At the same time, training courses are also being introduced for local elected representatives and officials, under an agreement with the Union of Towns and Municipalities of Wallonia.

Among the duties of administrators of intermunicipal or project-based associations is the obligation to “develop and update their professional skills in the areas of activity covered by the intermunicipal or project-based association, notably by attending the training and information sessions held by the intermunicipal or project-based association on taking up their appointments and whenever current developments in a given sector so require.” (CDLD Article L1532-1)

8/ Principle 8: Innovation and openness to change

This principle, by definition, falls outside the existing legal framework.

The setting-up of public consultation machinery (e.g. advisory councils of elders or municipal children’s councils, participatory budgets and other innovative practices) is encouraged.

The "CommunesPlone" project is the brainchild of Walloon municipalities that want to have more independence and control over their IT systems, by pursuing the same strategy.

The project is set in the particular context of the Walloon municipalities, where limited budgets and technical skills have led to heavy dependence on outside suppliers.  Very often, this dependence prevents municipalities from taking independent decisions and action, and from pursuing forward-looking IT policies.

In an effort to reduce this dependence on outside suppliers, CommunesPlone seeks to encourage the development of business applications and web sites by and for municipalities.  Various tools are made available to all the municipalities.

Use of the electronic identity card in local entities is widely encouraged and supported by the Region, to enable citizens to perform a number of operations on line, quickly and easily. 

The overall e-Communes plan, introduced by the Region in 2005, is designed to support local entities in their modernisation efforts, and features a number of key concepts such as mutualisation, sustainability, autonomy, independence, control, modernisation, combating the digital divide. 

-

Examples of initiatives taken under the e-Communes scheme include the

development of municipal websites, public digital technology facilities and  the Qualicité project.

The municipalities involved in the Qualicité project are looking to:

-    improve user relations management;

-          have control over internal processes;

-          improve information management systems;

-          manage municipal staff;

-          and share the tools developed and the methodology with all municipalities across the Walloon Region.

 

In order to achieve these goals, each municipality works on specific projects and each stage in the development of the projects is approved by all the other entities as well as by the DGPL.  The scheme is thus very much about pooling resources and partnership.

9/ Principle 9:   Sustainability and long-term orientation

Some rural municipalities have framed short, medium or long-term policies under the municipal rural development programme (PCDR) which is a strategy paper developed in close consultation with the public and submitted to the Walloon government for approval (cf. above).

Municipal nature development plans are drawn up in the form of local partnerships for nature development, which receive funding from the Walloon Region.

The general policy programmes referred to under Principle 3 also fit in with Principle 9. 

10/ Principle 10:  Sound financial management

In order to improve the quality of local authorities’ financial management, the Walloon government has introduced various reforms in recent years.

1) Reform of the general rules on municipal accounting (RGCC):

The aim of the RGCC reform approved by the Walloon government on 5 July 2007 is threefold:

 

a)    To simplify and optimise the accounting and financial management processes;

b)    To refocus general accounting, making it more of a management and analysis tool;

c)    To make documents more readable (budgets, accounts, statutory appendix).

2) Increased internal scrutiny

Internal scrutiny is to be tightened, first by enhancing the role of the town clerk and municipal or regional tax inspector and, second, by requiring municipalities with more than 20,000 inhabitants to set up an internal audit committee consisting of the tax inspector, a member of the college and representatives of the consolidated entities (CDLD Article L 1315-1).

To facilitate the implementation of these reforms, local authorities in the Walloon Region are being equipped with a computerised financial analysis tool, under a scheme known as “Plan E-comptes”.

This plan, which arose out of the recent municipal accounting and CPAS reform,

has 4 main strands:

-          Creation across all administrative authorities of a Standardised Accounting Data Base (B.D.C.S.), using the same electronic format everywhere.

-          Provision of free software enabling local authorities to analyse the very wide range of data contained in these standardised data bases.

-          Provision of regional statistics and analyses of regional authorities using this new standard, with a view to achieving economies of scale, via a summary file containing accounting data.

-          Development of a culture of management analysis and transparency in local finances.

The “E-comptes” software is:

1. a dynamic, open-ended tool:

The “E-comptes” software,which is available to local administrations free of charge, has been developed by public servants working in the field, tax inspectors, IT specialists, analysts, etc.  It is designed to evolve and gradually incorporate new functionalities as it includes a module for generating requests for analyses that can be exchanged between administrations in the form of files to be downloaded from the local authorities’ official web site.  In order to encourage this process of cross-fertilisation, an “e-comptes” club has been set up to bring public servants and IT specialists together.

2. designed to simplify the administrative process:

In just a few minutes, the software scans the hundreds of thousands of data in the local B.D.C.S.s and generates standardised reports prepared by local finance experts. To achieve the same result manually would require several days of encoding. Apart from the significant savings in terms of time, having standardised data across the entire Walloon Region also makes it easier to train people in the tools and how to use them.

The concept is transferable to local authorities in other parts of Europe, in terms of both the analysis function and the IT tools, which are designed to work on various data formats complying with the main international standards.

11/ Principle 11:  Human rights, cultural diversity and social cohesion

The conditions governing the right to vote and to stand for election have been amended (Belgian Electoral Code).

The nationality requirement has been revised so that “new” Belgians can register to vote even if Belgian nationality was acquired after 1 August.  These new voters will also be able to stand for election, provided that they are naturalised by the date on which nominations are filed.  This provision removes the uncertainty over what happens in the case of non-nationals who have registered to vote, but whose ability to do so would be compromised by the fact that they were naturalised after 1 August.

The rules have been clarified to prevent citizens from registering in more than one municipality.  The government is to carry out checks and, where necessary, decide which of the colleges concerned should remove the voter from its register and which should retain him or her.    

Still on the subject of elections, there is a mandatory requirement to nominate an equal number of male and female candidates, so as to achieve a more representative cross-section of society.

It has generally been observed, moreover, that political parties endeavour to submit socially diverse lists (including the elderly, young people, Belgians of foreign origin, persons with disabilities, etc.).

The introduction of civic participation and consultation mechanisms (see above) is in keeping with this principle as the purpose of these schemes is to reflect society in all its complexity and diversity:  men, women, young people, the elderly, the poor, people with disabilities, persons of foreign origin, etc.

Municipal elected representatives of non-democratic parties (in particular the far right) do not have the same access to representation on the various bodies, such as intermunicipal associations (CDLD Article L1523-13 - L1523-15) and regional social housing corporations (Walloon Housing Code).

Provincial elected representatives of non-democratic parties are likewise excluded from organisations such as autonomous provincial companies (CDLD Article L2223-5 § 2) or provincial ASBLs (CDLD article L2223-14).

12/ Principle 12:  Accountability

Individual and collective no-confidence motions (Articles L1123-14 and L2212-44 of the C.D.L.D.) have been introduced in an effort to further develop local democracy.

Under this procedure, municipal and provincial councils can replace one or more members of their respective executives who no longer command the confidence of the majority of elected representatives.

At municipal level, if the motion concerns the mayor, the new mayor will be, where appropriate, the first councillor to have won the greatest number of preference votes on the list which won the greatest number of votes among the political groups that form the new majority.

In the interest of a stable executive, it is imperative that the majority which tables the no-confidence motion propose a replacement for the deposed office-holder or office-holders.  

Also, the motion cannot be filed in the first 18 or in the last 15 months of the life of the elected assembly.

N/Réf.: DLC/Cons.Eur/Strat.innov et b gvnance/cadre jurid exist/LG

Appendix 2

EVALUATION OF THE SITUATION IN THE COUNTRY

ANALYSIS OF THE APPLICATION OF THE PRINCIPLES OF GOOD DEMOCRATIC GOVERNANCE, LAID DOWN IN THE EUROPEAN STRATEGY ON INNOVATION AND GOOD GOVERNANCE AT LOCAL LEVEL

SUMMARY

1.    Introduction

In July 2007 the Council of Europe addressed Bulgaria with the proposal to become a pilot state with respect to the application of the Strategy on Innovation and Good Governance at Local Level. By virtue of its decision of 11 September 2007 the Board of Management ofthe National Association of Municipalities in the Republic of Bulgaria expressed its support for the Strategy and the agreement on the part of Bulgarian municipalities to engage in its pilot application.

On 4 October 2007 the Council of Ministers of the Republic of Bulgaria approved formally a Decision for approval of the Council of Europe’s Strategy on Innovation and Good Governance at local level and the participation of the Republic of Bulgaria in its pilot implementation (Protocol No. 37 of the Council of Ministers’ meeting). In this way our country jointed the pilot group of countries, along with the Republic of Italy, Kingdom Spain, Kingdom Norway and Kingdom Belgium, which would work out their own National Plans of Action for implementation of the goals of the Strategy.

The activities implemented on the part of Bulgaria to date are as follows:

-          The General Assembly of the National Association of Municipalities in the Republic of Bulgaria has approved in its annual Action Programme the participation of the Association in the Strategy on Innovation and Good Governance.

-          The partners under this project – the Ministry of Regional Development and Public Works and the National Association of Municipalities in the Republic of Bulgaria – have set up a working group with the assignment to prepare technical analysis of the current situation in Bulgaria and to work out on its basis a National Action Programme for implementation of the Strategy.

-          In compliance with the national specifics and the existing practices at local level the partners decided to focus the technical analysis on six of the principles of the Strategy and to test them at local level. These principles are as follows: No. 1 – Fair Conduct of Elections, Representation and Participation; No. 4 – Openness and Transparency; No. 6 Ethical Conduct; No. 7 – Competence and Capacity; No. 10 Sound Financial Management; and No. 12 – Accountability.

-          The partners under the project decided to perform the pilot testing of the Strategy in all the municipalities in Bulgaria.

-          The partners under the project have nominated two officials (one from the the Ministry of Regional Development and Public Works and one from the National Association of Municipalities in the Republic of Bulgaria) to function jointly as Project Managers.

2.    General provisions

2.1.        Subject and scope of the study

The analysis contains as follows:

-          Review of the existing regulatory framework, assisting the application of good governance at local level in Bulgaria. Evaluation of compliance with the application of the 12 principles of the Strategy.

-          Evaluation of the existing institutional framework in the work of municipalities (local regulatory acts, established practices, innovative approaches etc.) with respect to the 12 principles, as well as supra-imposed innovative practices.

-          Review and evaluation of the effectiveness of the already existing strategies and programmes, supporting innovations and good governance at local level.

-          Review of good and negative practices.

Conclusions and recommendations for planning measures related to the application of the Strategy on Innovation and Good Governance at local level:

-          General evaluation of the regulatory framework at the national level with a view to application of the good governance at local level;

-          Outlining of spheres of “regulatory gap”, as well as spheres of regulatory surpassing of the requirements of the Strategy;

-          Recommendations concerning regulatory changes;

-          Recommendations concerning improvement of local regulations;

-          Recommendations concerning disseminations of innovative practices;

-          Recommendations concerning creation of institutional conditions for effective application of the measures;  

-          Recommendations concerning adequate actions at the national level for application of the Strategy on Innovation and Good Governance at local level.

2.2.       Objective of the study

The primary objective of the study is to work out a technical analysis – assessment of the situation with respect to the application of the 12 principles as an indispensable precondition for development of a Draft-National Action Programme for implementation of the Strategy on Innovation and Good Governance at local level.

3.    Analysis of the current situation in Bulgaria with respect to the application of the principles of innovation and good governance:

3.1.     Analysis and evaluation of the existing regulatory framework and local practices with respect to its application:

3.1.1. Review of the European legislation – charts, resolutions and regulations:

For the purposes of the analysis the review of the European legislation outlines the framework of major enforced regulatory acts of the European institutions, which are directly related to the object of the assignment and provides brief description of their linkage to the 12 principles of good governance.

3.1.1.1         Council of Europe Charts:

3.1.1.2 Regulations, directives and resolutions of the European Parliament and the Council of Europe

A large portion of the European legislation, which corresponds to the 12 principles of good governance, has already been incorporated in national laws and regulatory acts, which affect directly local self-government in the country. According to data provided by the Secretary General of the European Commission by August 2008 Bulgaria has harmonized 3,112 acts of European institutions and hence ranks on the 5^th place among the 27 Member States in terms of percentage of notification. 

3.1.2.  National legislation:

3.1.2.1.               Principle 1 – Fair conduct of elections, representation and public  participation during elections, participation of citizens in governance

The regulatory provisions of the following acts have been analyzed:

-          The Constitution of the Republic of Bulgaria

-          The Law on Local Elections

-          The Law on Local Self-Government and Local Administration

-          The Law on the Ombudsman

-          The Law on Plebiscite

3.1.2.2.               Principle 2 – Responsive and permanent meeting of the needs and expectations of the citizens

The regulatory provisions of the following acts have been analyzed:

-          The Law on Local Self-Government and Local Administration 

-          The Ordinance concerning the general rules of organization of administrative services

3.1.2.3.               Principle 3 – Efficiency and Effectiveness

The regulatory provisions of the following acts have been analyzed:

-          The Regional Development Act

-          The Law on Municipal Budgets

-          The Law on Local Taxes and Charges

-          The Law on Municipal Property

-          The Law concerning the Liability of the State and the Municipalities for Inflicted Damages.

3.1.2.4.               Principle 4 – Openness and Transparency

The regulatory provisions of the following acts have been analyzed:

-          The Law on Local Self-Government and Local Administration

-          The Law on Municipal Budgets

-          The Law on Municipal Debt

-          The Law on Access to Public Information

3.1.2.5.               Principle 5 – Rule of Law

The regulatory provisions of the following acts have been analyzed:

-          The Constitution of the Republic of Bulgaria

-          The Law on Local Self-Government and Local Administration

3.1.2.6.               Principle 6 – Ethical conduct

The regulatory provisions of the following acts have been analyzed:

-          The Law on Local Self-Government and Local Administration

-          The Law on the State Servant

-          The Law on Publicity of the Property of Individuals Occupying Senior Governmental Offices.

3.1.2.7.               Principle 7 – Competence and Capacity

The regulatory provisions of the following acts have been analyzed:

-          The Ordinance concerning the General Rules of Organization of Administrative Services

-          The Customer’s Chart

3.1.2.8.               Principle 8 – Innovation and Openness to Change

The regulatory provisions of the following acts have been analyzed:

-          The Ordinance concerning the General Rules of Organization of Administrative Services

3.1.2.9.               Principle 9 – Sustainability and Long-term Orientation

The regulatory provisions of the following acts have been analyzed:

-          The Law on Local Self-Government and Local Administration

-          The Law on Municipal Property 

-          The Law on the State Budget

3.1.2.10.            Principle 10 – Sound Financial Management

The regulatory provisions of the following acts have been analyzed:

-          The Constitution of the Republic of Bulgaria

-          The Law on Local Taxes and Charges

-          The Law on Financial Management and Control in the Public Sector

-          The Law on Internal Audit

3.1.2.11.            Principle 11 – Protected human rights, absence of discrimination

The regulatory provisions of the following acts have been analyzed:

-          The Law on Administration

-          The Administrative Procedure CodeАдминистративно процесуалния кодекс

-          The Ordinance concerning the General Rules of Organization of Administrative Services

3.1.2.12.            Principle 12 – Accountability

The regulatory provisions of the following acts have been analyzed:

-          The Law on Local Self-Government and Local Administration

-          The Law on Municipal Budgets

3.1.3.  Local regulatory framework – municipal ordinances, regulations, codes:

The review of the local regulatory framework in the country presents briefly the acts, which contribute to the application, adaptation and surpassing of local practices with respect to the 12 principles of good governance. More specific attention is paid to the ordinances as a form of legislative practice, since they reflect most directly the relationships between local authorities and the citizens. For higher clarity and exhaustion of the subject matter the review is summarized according to the 12 principles of good governance. The analysis is based on the acts of 30 municipalities (small ones ≤ 30 000 inhabitants, medium-size ones ≥ 30 000 inhabitants and big ones ≥ 100 000 inhabitants), which may be found on their official websites.  

A multitude of by-laws at the local level have been analyzed, such as:

-          Structural Terms of Reference of municipal administrations

-          Regulations concerning the organization and activity of Municipal Councils

-          Ordinances concerning compilation, implementation and accounting of municipal budgets

-          Ordinances concerning setting up and administration of local taxes and service fees

-          Ordinances concerning the rules of procedure for receiving and management of donations

-          Ordinances concerning conducting of public debates on issues related to the structure of the area of the municipality

-          Ethical codes of municipal servants

-          Ordinances concerning the compilation, implementation and accounting of the budget

-          Ordinances concerning undertaking ofmunicipal debt, local taxes and charges and municipal budget

-          Ordinances concerning the compilation, implementation and accounting of the municipal budget

-          Ordinances concerning provision of generally accessible environment for all citizens with specific focus on the handicapped

-          Ordinances regulating the activity of the bodies of religious communities and their relationships with the local authorities

-          Ordinances related to safeguarding of public order, fire and emergency safety, performing of trade and advertising activities, waste management, conducting of public debates, public transport of people, possession and rearing of domestic animals, funeral services, etc.

3.2  Analysis of the existing institutional framework:

In compliance with the currently enforced regulatory framework, harmonized with the European legislation, a number of administrative structures and institutions, providing for and monitoring the observation of the principles of good governance at national and local level have been created and developed in Bulgaria in the past 18 years. This section contains a brief review of the public institutions, related in one way or another to the application or surpassing of the 12 principles of good governance at the central and local level.

3.2.1. National and regional level:

3.2.1.1. The President of the Republic of Bulgaria

 

Different commissions have been set up with the administration of the Office of the President. These commissions are composed of experts in the respective fields and have an advisory nature:

-          Commission on granting refuge

-          Council on information technologies 

3.2.1.2. Legislative authorities

In the framework of the analysis the activity of the main institutions of the legislative authorities, related to the application of the principles of good governance has been studied.

The National Assembly (the Parliament) performs its functions through a system of permanent (functioning during the full mandate of the Parliament) and ad-hoc (set up for a specific periods of time for dealing with specific tasks) commissions. The activity of the following commissions has been analyzed:

-          The Commission on human rights and religious matters

-          The Commission on citizens’ claims and petitions

-          The Commission on civil society and the media

-          The Commission on state administration

There are also other commissions reporting to the National Assembly, such as:

-          The Commission on protection against discrimination

-          The Commission on establishment of property acquired from criminal activity

3.2.1.3. Executive authority

The Council of Ministers manages and implements the interior andforeign policy of the country in compliance with the Constitution and the laws. There are specialized councils with the Council of Ministers, whose activity has been analyzed in the study, such as:

-          Council on Decentralization

-          National Council for Collaboration on Ethnic and Demographic Matters

-          National Council on Equal Treatment of Women and Men

-          National Council for Integration of Handicapped People

-          Commission on Prevention of and Combating Corruption

-          Coordination Council for an Information Society

-          Council for Coordination of the Struggle against Violations of the Law Affecting the Financial Interests of the European Communities

-          Council on Governmental Internal Financial Control

-          National Commission for Struggle against the Traffic of People

Other structures of the executive authorities, which have been analyzed in the framework of the study, are as follows:

-          Directorate on Ethnic and Demographic Affairs with the Council of Ministers

-          Ministry of Regional Development and Public Works

-          Ministry of State Administration and the Administrative Reform

-          District Governors

-          Chamber of Accounts

-          Agency for State Financial Inspection

-          The Chief Inspectorate

-          Inspectorates

The study has also analyzed the activity of:

-          The Ombudsman of the Republic

-          The Administrative Court

3.2.2.  Local level:

The study has analyzed the following institutions at the local level:

3.2.2.1  Municipal Council

3.2.2.2  Mayor of a municipality

3.2.2.3  Mayor of a human settlement

3.2.2.4  Secretary

3.2.2.5  Public intermediary

3.2.2.6 Association of municipalities – the National Association of Municipalities in the Republic of Bulgaria, regional associations, project-based associations

The Constitution of the Republic of Bulgaria and the Law on Local Self-Government and Local Administration allow association of municipalities for protection oftheir common interests. In Bulgaria there exists a network of regional associations of municipalities (a total of 11), covering 75% of the area of the country and providing services to its members. In 1996 the local authorities in Bulgaria united their efforts in a national association of municipalities – the National Association of Municipalities in the Republic of Bulgaria.

The association of municipalities is most often effected on a geographic principle with a view to establishing of democratic and transparent local self-government in the respective region and development of its economic capacity. Worth specific noting are the following regional associations of municipalities:

-       Regional Association of Municipalities Thracia: 36 member-municipalities, covering nearly 25% of the national territory;

-       Regional Association of Municipalities Central Balkan Mountain Range: 15 member-municipalities, situated along the northern slopes of the Balkan Mountain Range;

-       Regional Association of Municipalities Maritsa: 11 member-municipalities, situated along the River Maritsa valley;

-       Association of the Southwestern Municipalities: 18 member-municipalities;

-       Association of Bulgarian Black Sea Municipalities: 21 member-municipalities;  

-       Association of the Danubean Municipalities Danube: unifies 34 municipalities situated along the River Danube coastline; 

-       Association of Municipalities from the South Central Region Hebar: 23 member-municipalities;

-       Association of the Rhodope Municipalities: 21 member-municipalities;

-       Regional Association of Municipalities Yantra: 9 member-municipalities from North Central Bulgaria

3.2.3    Coordination of and partnership among institutions

It is a legal obligation of the bodies of state power to coordinate their activities for implementation of a unified state policy and to conduct consultations with socio-economic partners and representatives of the civil society. The mechanisms for coordination, as well as the consultative process involving a broad circle of stakeholders, are an important part of the process of formulation of policies (strategic planning, evaluation of impacts), their implementation and evaluation of the attained results.

There are well devised mechanisms at the national level for inter-institutional coordination and consultation with the stakeholders, but the internal coordination between the units is poor. The predominant forms of inter-institutional coordination and consultation in the central administration are as follows: bilateral co-operation agreements, advisory and coordination councils, inter-institutional working groups, commissions for inter-institutional coordination, expert groups.

3.3       Review of the decentralization process in the country – outline of the attained decentralization level and the achieved progress:

3.3.1. Decentralization strategy

The Decentralization Strategy is a document of long-term implementation timeframe (2006-2015), based on a profound analysis of the current state of interaction between the different levels of territorial governance. It defines the directions related to distribution of the power of authority and financial resources among the central, district and municipal governance levels, aimed at more effective provision of services to the citizens and the provision of services of a higher quality.

The new strategic approach towards decentralization requires that it should be implemented in a close linkage with the rest of the reforms and processes underway in the country, whereat specific emphasis should be laid on:

1.    Linkage of the upgrading of the state administration and the capacity building of the dislocated administration with the decentralization process;

2.    Unification of the processes of decentralization of power of authority and functions with the financial decentralization, which so far used to develop separately;

3.    Ensuring of closer linkage between the process of decentralization and the policy of regional development in the country, including with the activities for strengthening of the administrative and programming capacity at municipal and district level for utilization of the money allocated from the EU funds.

The Strategy is based on the priorities of the European policies for decentralization and sustainable and balanced development of regions and creates preconditions for application of the principles of the Lisbon Strategy in the regional policy in Bulgaria. The goals and priorities of the Decentralization Strategy are in harmony with the European Chart on Local Self-Government and the common European aspiration for more democracy and higher citizens’ participation.

The Decentralization Strategy is an integral document, which unites sectoral policies and their coordination at the different levels of territorial governance.

Its task is to outline the major directions of change in the relationships among public institutions, which can improve the effectiveness of their functioning and bring about provision of services of a higher quality.

3.3.2    Programme for implementation of the Decentralization Strategy

3.3.2.1         Chronology of achievements

The study follows the progress of the decentralization process in Bulgaria since 1989.

3.3.2.2         Arrangements for implementation of the Programme

The application of the first Programme for Implementation of the Decentralization Strategy startedin 2006. The Government, in partnership with the National Association of Municipalities in the Republic of Bulgaria and the local authorities, undertook initiatives for better distribution of functions and resources among the different levels of governance, aimed at improvement of the efficiency and raising of the quality of local public services and at promotion of citizens’ participation in the life of local communities. An agreement was signed between the National Association of Municipalities in the Republic of Bulgaria and the Government for concrete activities, related to good democratic governance at local level. The activities undertaken to date for implementation of the Decentralization Programme comprise working out of analytical reports, conducting of discussions, surveys and meetings between representatives of the local and central authorities, the National Association of Municipalities in the Republic of Bulgaria, NGOs, regional associations etc. On that basis were realized amendments to the national legislation and were created institutional prerequisites for better and more transparent governance at local level.

In 2007 the following focuses in the work of the council and the advance of decentralization in Bulgaria stand out clearly:

1.    The amendment of the Constitution, effected in January 2007, which gave municipalities power of authority in the field of taxation, is probably the most important act, oriented towards real financial independence of the bodies of local self-government.

2.    The amendments to the Law on Local Taxes and Charges, in force as of 1 January 2008, regulated the procedure of how municipalities shall exercise their taxation competences, and increased also the number of municipal taxes with the conceding of the right to collect the Patent Tax.

3.    The introduction of the system of delegated budgets in the domain of education as of 1 January 2008.  

4.    The large scale training efforts in the application of the system of delegated budgets in education and in capacity building for development of investment projects.

By virtue of Decision No. 540/19 July 2006 of the Council of Ministers was established the Council on Decentralization of State Governance, whose Chairman will be the Minister of Regional Development and Public Works. The Council shall assist the Council of Ministers in the implementation of the state policy in the field of decentralization.

In practical terms the Council performs leadership of the Programme for Implementation of the Decentralization Strategy by surveying, analyzing and controlling the application of the Strategy and the Programme, submitting to the Council of Ministers proposals for regulatory amendments in the field of decentralization, performing monitoring as regards the achievement of the Strategy’s goals.

The membership body of the Council comprises equal number of representatives of the central and local authorities (Mayors of municipalities) and three District Governors.

The measures under the Programme for Implementation of the Decentralization Strategy correspond to a large extent to the 12 principles of good democratic governance. The annual report on the progress of implementation of the Decentralization Strategy, endorsed and approved by the Government of the Republic of Bulgaria, contains an analysis of the implementation of the individual measures.

3.4       Review of other existing strategies and programmes in support of local authorities:

3.4.1    National strategies and programmes

Selected for the purposes of this analysis were only those strategies and programmes, which create prerequisites for application of the principles of good governance.

3.4.1.1  Strategy for upgrading of the state administration – from accession to   integration

3.4.1.2  Programme for transparency in the activity of the state administration and of the individuals occupying senior state offices

3.4.1.3  Strategy for training of the employees in the administration and Programme for Implementation of the Strategy

3.4.1.4  National strategy for combating corruption

3.4.1.5  Strategy for electronic government

3.4.2    International (donor) strategies and programmes

3.4.2.1  UNDP (United Nations Development Programme)

3.4.2.2  USAID (US Agency for International Development)

3.4.2.3  Swiss Agency for Development and co-operation

3.4.2.4  MATRA Programme of the Dutch Ministry of Foreign Affairs

3.4.2.5  The Open Society Institute

3.4.2.6  Financing mechanism of the European Economic Space

3.4.2.7  Bulgaria Fund

3.4.3    Support for municipalities as beneficiaries of the EU Structural Funds

The analysis contains a review of the measures for increase of the administrative capacity at all governance levels and development of the co-operation among countries and regions, laid down in the National Strategic Reference Framework and the Operational Programmes for the period 2007-2013.

The Operational Programmes are the documents according to the definition of Art. 2, Paragraph 1 of Regulation (EC) No. 1083/2006 of the Council concerning the definition of common regulations related to the European Regional Fund, the European Social Fund and the Cohesion Fund and concerning the abrogationof Regulation (EC) No. 1260/1999q submitted by the Republic of Bulgaria and approved by the European Commission, defining strategies and interlinked development priorities, to be realized with support from the EU funds.

Strengthening of the administrative capacity at all governance levels and enhancement of the role of local self-government is a subject laid down in Operational Programme “Administrative Capacity”.

3.5       Good examples and practices:

3.5.1    Innovations and innovative technologies in support of good governance:

3.5.1.1  Establishment of services and information centres on the principle of one-stop shop

3.5.1.2  Creation and maintenance of a database on innovation practices

3.5.1.3  Provision of information on development of local self-government

3.5.1.4 Campaigns for promotion of  transparency in municipalities

3.5.1.5  Establishment of electronic infrastructure and the related reorganization of local administration

3.5.1.6  Enhancement of transparency and accountability of governance through electronic access to information

3.5.1.7  Promotion of open governance through legal assistance and lawsuits for access to information

3.5.1.8  Introduction of geographic information system (GIS)

3.5.2    Coordination and co-operation among the institutions and the structures of civil society

The partnership activities are oriented mainly in the following thematic fields:

-       Support for the institutional development of municipalities

-       Training in local economic development

-       Technical assistance for municipalities

-       Marketing of municipalities

-       Programme for certification of municipalities as “ready for business”

-       Processing of investors’ enquiries and contacts

3.5.3    Partnership with the civil sector

3.5.3.1  Programme “Public Forum”

3.5.3.2  Consultative (public) councils

3.5.3.3  Draft referendum and citizens’ initiative

3.5.3.4  Information campaign of the trans-national initiative for regulation of the right of European citizens to propose concrete policies and legislative amendments in the European Union

4            Results from the study on the application of the principles of good governance at local level

The results are based on:

-       Survey conducted in the period 20 August – 10 September 2008 in 47 Bulgarian municipalities, differing in terms of population size, number and size ofhuman settlements, territorial location, administrative capacity and socio-economic characteristics;

-       Conducted meetings and interviews with experts from the municipal administrations in the country;

-       Opinions and evaluations expressed in public discussions with the participation of representatives of the local authority.

The study is part of the toolbox for analysis of the application of the principles of good and democratic governance and does not aim at ensuring representative results.

Since, however, approximately 18% of the representatives of the local governance level have been covered by it, the obtained results may be considered to be a serious indicator about the degree of application of the principles of good governance at local level.

The activity of municipal councils as bodies of local self-government on the area of the municipality is of key importance for building an image of openness and transparency of the authorities at local level. 80% of the respondents have declared that the annual timetable of the sessions of the municipal council is announced publicly, so that the citizens may be informed about the dates of the sessions. Most often the schedule of the sessions is announced on the website of the municipalities/municipal councils, on the regional broadcasting stations and local TV stations, as well as on the pages of the local and regional newspapers. In all municipalities the sessions of the municipal councils are publicly announced at least seven days before the actual date, which is provided for in the Terms of Reference for their activity. In 94% of the cases the chairmen of commissions and the chairmen of the political groups participate in the drafting of the agenda of the sessions.

In all municipalities are introduced procedure opportunities for giving the floor to the citizens in the course of the sessions of the municipal council, whereat these procedures most often  are reduced tovoting of an explicit decision of the municipal councilors on that subject and the procedure is laid down in the Terms of Reference of the municipal council’s activities. In individual cases it is declared that there is a regulatory provided opportunity for giving the floor to citizens at every session of the municipal council of the respective area. All municipal councils publish topical information about the approved ordinances, regulations and other decisions of public interest in the local media and in Internet. 86% of the municipal councils report periodically to the citizens about their activities. That is again performed via the local media, Internet and sometimes at public meetings. In 80% of the investigated municipalities the municipal councils inform the public about the results from the control on implementation of the decisions made by the municipal council in a manner, which would allow the stakeholders and citizens to voice their attitude.

The Mayor, in his/her capacity of local body of the executive power on the respective area, is assigned key competences in the domain of ensuring publicity and transparency of the implementation of local development policies and the activities delegated by the central authorities.

All Mayors submit reports on the activity of the local administrations to the broad public and the institutions on their respective territory, whereat most often these reports are published in Internet and on the local electronic and printed media. In the smaller municipalities the reports are presented at specially organized meetings with the voters, usually in the villages.

Active citizens’ control (86%) on the implementation of the approved long-term programmes for development of municipalities is declared, which illustrates rather the authority’s perception of citizens’ participation than the existence of a real one, since the forms of participation are limited and frequently quite perfunctory. The citizens’ participation in the implementation of long-term programmes for realization of local policies takes quite often the form of membership in different consultative councils. Such councils have been found to be established in 73% of the investigated municipalities.

The sessions of the municipal councils and the meetings of the individual permanent commissions are in the majority of cases held in the municipal centres, and only 20% have indicated that they use the practice of holding meetings at the headquarters of different mayoralties on the area of the municipality. At the same time, however, 80% of the Mayors have set up reception-rooms in the settlements on the area of the municipality.

Surveys among the citizens on issues of public significance through opinion polls and other forms are conducted regularly in 53% of the investigated municipalities and rarely in 30% of them.

According to respondents’ information clear and accessible information for different professional and social groups is provided in 100% of the municipalities. Journalists are given the opportunity to attend the sessions of the municipal council and the meetings of the permanent commissions in all the surveyed municipalities.  

The municipal councils have approved rules for prevention of conflict of interests, which are in the majority of cases (80%) laid down in the Terms of Reference of the municipal councils’ activities and in some rare cases in the Ethical Code or in both.

According to the surveyed municipalities in 87% of them there are clear criteria in the nomination of the members of commissions for conducting of public procurement tenders. Only 13% respondents have declared absence of such commissions. However, listing of the selection criteria has in the majority of cases proven to be difficult for the respondents. Journalists take part in the opening of the bids for public procurement in one half of the surveyed municipalities.

Apart from the provisions for avoidance of conflict of interests regulatedin Terms of Procedure and codes, the other frequently encountered practices are limited to the availability of boxes for citizens’ complaints/notices, front-offices facilitating the contact between officials and citizens, open telephone lines and reception days of the mayor.

Public review of the budget, which is responsibility of the local authorities introduced by virtue of the Law on Municipal Budgets, is regulated also by procedures in the local ordinances approved in all the municipalities. Almost all of them declare that they make special efforts to present the draft-budget in an accessible and understandable for the citizens form, which most often takes place at public reviews and publication in the websites of the municipalities.

All the municipalities have developed systems for financial management and control. In 80% of them there exists registry of the worked out and financed municipal projects and all the municipalities declare that the results from implementation of projects under European programmes are presented publicly.

According to the results from the study, registries of municipal property are kept in 2/3 of the municipalities and their public accessibility is guaranteed almost everywhere (87%). Maintaining registries of municipally-owned real estates is an obligation for all municipalities[1] and any missing entry may be assumed to be the result of lack of knowledge about the existence of such property or an indicator of the uselessness and formal caretaking.

According to the study, the most important measures undertaken at local level for the application of the principles of good governance are reduced to the following:

-          Setting up of centres for provision of information and services to the citizens on the principle of  on-stop-shop;

-          Working out and introduction of international standards for high-quality management - ISO 9001 – 2000;

-          Setting up of public consultative councils on issues of significance for the local development;

-          Maintaining of municipal information websites and public registries;

-          Approval of local regulations for ensuring good governance and absence of conflict of interests (Ethical codes, etc.)

These measures ensure partial or full application of principles like “openness and transparency”, “responsiveness”, “ethical conduct”, “competence and capacity”, “accountability”. At the same time measures addressed to the application of other principles of good governance of not lesser significance are either missing or mentioned as incidental in the responses of the representatives of the local authorities. These are, for instance:

-          Efficiency and effectiveness– guaranteeing achievement of the objectives through optimum use of the available resources;

-          Sustainability and long-term orientation – taking due account of the interests of the future generations;

-          Innovations and responsibility for change – guaranteeing the practical benefits from the introduction of innovative decisions and good practices.

According to the self-evaluation of the participants in the study they are all familiar with the principles of good governance at local level, although that was only partially corroborated by the analysis of the results.

5            Conclusions and recommendations from the technical analysis and the conducted public discussions and surveys:

The conclusions and recommendations from the technical analysis and the conducted public discussions and surveys should serve as an information basis for the forthcoming development of the National Programme for Application of the Strategy for Innovation and Good Governance at local level. They summarize the conclusions made about the application of the principles of good governance with a focus on the selected 6 principles and following the items covered by the analysis.

The conclusions outline spheres of “regulatory gap”, as well as spheres, in which the national legislation is more advanced.

On that basis should be formulated recommendations for appropriate actions at the national level for application of the Strategy for Innovation and Good Governance and for creation of conditions for effective application of the principles, as well as recommendations for improvement of the local regulations, for dissemination of innovative practices and for establishment of institutional conditions for effective application of the principles at local level.

In Bulgaria are ensured real opportunities for all citizens to exercise their right to vote on issues of public interest, both during elections and through control of the actions of the authorities during the period of their mandate. The legislation in this domain is harmonized and complies with the European practice. Work is underway on the consolidation of the opportunities for application of direct democracy, especially at local level. Pending second reading in the Parliament is a new law on the referendums, which will create preconditions for real direct citizens’ participation in making important decisions at national and local level.

The results so far reveal that the referendums and signature collections are an exception for the Bulgarian practice, which means that the practices of application of direct democracy in Bulgaria are as yet deficient.   

Local elections are held freely, in compliance with the international standards and national legislation. In recent years a certain fatigue of the broad public and drop in the percentage of those going to the polls has been observed. This negative trend is further aggravated by the attempts of certain political forces to manipulate elections, including through the so-called “purchase of votes”, which is a new negative practice, causing great concern in the civil society. Efficient measures to counteract this practice are sought, including amendment of the legislation and enhanced control.

The citizens are in the centre of public activities and are involved in clearly defined ways in the local public life. The analysis shows that the citizens enjoy ensured public access to information about the decisions made by the local self-government bodies. The sessions of the municipal council in all the municipalities in Bulgaria are open for the citizens. The latter may participate in the public discussions of the municipal budget, in the work of the municipal commissions, to address inquiries, to express viewpoints and receive answers under the rules and procedures defined by the law.

All men and women have the right to vote in decision-making either directly or through legitimate intermediaries, who represent their interests. This broad citizens’ participation is built on the principles of freedom of expression, freedom of gathering and association. All votes, including those of the less privileged or vulnerable groups, are taken into account in the decision-making process, including on issues related to distribution of resources, for instance in connection with the approval of the municipal budget and discussion of projects for participation in the EU Structural Funds. Attempts are made to strike a balance between the different legitimate interests by making use of a variety of forms for dialogue among the stakeholders – for example the successful application of the “Forum Approach” for achievement of broad public consensus to the benefit of the entire community.  

The challenges, on which further efforts are needed, are related above all to building in the ordinary people the confidence that their participation matters, that making the right decision depends on their manifested citizen’s position, that they are in the focus of the implemented policies and that their exigence vis-à-vis the elected representatives of the power structures is guarantee for the successful development of the local community and the entire country. For handling and overcoming of these challenges it is necessary to implement measures for raising public awareness about civil rights and obligations, popularization of good practices and the search of mechanisms for encouraging informed citizen’s participation.  

For ensuring openness and transparency of the governance a modern regulatory framework has been created and a relevant institutional system has been set in place, which should guarantee public access to information and facilitate the understanding of how the issues of public significance are being solved. The conducted studies and the analysis reveal that in the predominant number of cases decisions are made and enforced in compliance with the established rules and norms. There is public access to the entire information, which has not been classified for specific reasons and in compliance with the procedures envisaged by the law (for instance, guarantee of honest conducting of the procedures related to public procurement). Public access is ensured on information about decisions made and the application of specific policies and the achieved results in a manner allowing effective monitoring and contributing to the functioning of the local authorities.

At the same time there exist also quite a number of negative practices in an attempt to by-pass the laws, neglect of public interest in favour of individual interests and disregard of pledged commitments. In the majority of cases the violations are the result of inadequate administrative capacity and inefficient application of control.

The predominant cases of  unpunished offenses of the rules and often of outright corruptive practices have an extremely negative impact on the citizens, on their motivation to work and take part in public affairs. Guaranteeing honesty, impartiality and predictability in the local authorities’ actions is a problem, which needs envisaging of serious measures in the Programme for Implementation of the Strategy for Innovation and Good Governance at local level.

This problem stands out with particular gravity in the process of participation of the country in general and the municipalities in particular as beneficiaries of allocations from the EU Structural Funds.

The analysis reveals that there are some traditions among local authorities in Bulgaria as regards the application of the principle of ethic conduct as a guarantee that public benefit ranks above personal interest. That is so because a number of regulatory documents approved in the recent years deal with that issue, while in the practice of the municipalities themselves there a numerous examples of successful application of that principle.

The Ethical Code of the public servant contains effective measures for prevention of and combating all forms of corruption, which shall be strictly complied with and fulfilled. It is necessary to undertake measures for activating public intolerance with respect to anyone violating the requirements for ethical conduct.

More than 60% of the municipalities have approved Ethical Code of Conduct for the officials in the municipal administration.

The competence of public authorities and the administrative capacity of the officials is an extremely important prerequisite for the development of the local community. The issue to what extent the elected representatives of the population, as well as the hired officers are able to fulfill their obligations is of key importance for the good governance. The analysis shows that complex measures are needed for continuous upgrading of the professional skills of this involved in the governance processes with a view to enhancing their contribution and the achieved results. State servants should be systematically motivated to improve their work. Practical methods and procedures should be used in order to translate skills into capacity and hence to obtain better results. Operational Programme “Administrative Capacity” is currently being implemented with success in this field, which the state assesses as a matter of primary priority. The efforts are oriented towards study and analysis of policies for building regional and local partnerships in the identification and implementation of municipal projects, development of mechanisms for application of the principle of partnership with the socio-economic partners.

Bulgaria’s membership in the EU offers an opportunity for local authorities to introduce and test new programmes taking advantage of foreign experience. The National Association of Municipalities in the Republic of Bulgaria, the regional associations of municipalities, NGOs and other organizations possess extensive experience in the search for innovative solutions of individual problems and create a favorable climate for good relationships, assisting the changes in the interest of achieving good results.

The sound financial management guarantees targeted and productive use of public funds. As regards financial decentralization, considerable progress has been achieved in the past 10 years. The challenges still present as tasks for the Programme for Implementation of the Strategy for good governance are related to undertaking of concrete measures for provision of better and more accessible services to the population. The costs of the provided services should not exceed their real value, especially in the case of important public services – water supply, sewerage, waste disposal, etc. Bringing closer the management and financing of certain services requires compliance with the principle of subsidiarity.

Local authorities should be on the alert for feasibility in financial management, including in the negotiation of contracts and the use of loans, in the calculation of resources, revenue and reserves, in the use of additional sources of revenue. The introduced management systems in the municipalities assist the assessment and improvement of the effectiveness and efficiency in the use of the funds according to the available resources. At the beginning of 2006 the Council of Ministers approved Strategy for Transparent Governance and Prevention and Combating of Corruption for the period 2006-2008, which is applied in the municipal administrations as well.

Local authorities should participate actively in the dispositions and agreements related to inter-municipal solidarity, equitable distribution of burdens and benefits and reduction of risks (equalizing systems, inter-municipal co-operation, risk sharing, etc.). Amendments were made to the Law on Local Self-Government and Local Administration, regulating the forms, principles and organization of inter-municipal co-operation. Amendments of identical objective were made also in the newly approved Regional Development Act of 30 June 2008.

The application of the principle of accountability guarantees that the elected representatives to the local authority and the hired municipal officers assume and bear responsibility for their actions.

The analysis shows that according to the rule of law all decision-making bodies, be it collective or individual, are responsible for their decisions. The decisions shall be reported, explained and may be sanctioned. There are legal tools applicable against abuse and against actions of the local authorities that infringe the rights of the citizens. At the same time serious deviations are observed in the practice, and hence specific measures need to be laid down in the Programme for Implementation of the Strategy on Good Governance. The citizens are entitled to submit notifications at any time for any depicted violations. The practice shows that the number of notifications, connected with personal interests outnumber those dealing with problems of public significance.

Appendix 3

Seminar

Systematic Work for Human Rights

– a challenge to local/regional politics

Programme

Venue Swedish Association of Local Authorities and Regions (SALAR)

Hornsgatan 20

Stockholm, Sweden.

Sunday 5 October Arrival and Opening

19.00 Reception hosted by SALAR

Monday 6 October Implementing Human Rights – Full Day Seminar

09.00 Welcome and introduction

by Anders Knape, President of SALAR

Part I: Challenges

Keynote speeches by

– Thomas Hammarberg, Commissioner for Human Rights of the Council of Europe

– Yavuz Mildon, President of the Congress of the Council of Europe

Topical debate on challenges:

– good governance

– non-discrimination and equal treatment

– rights and obligations

with interventions by

– Paul van Kalmthout, Chair of the CDLR, Council of Europe

– Jerzy Kropiwnicki, Vice president of the EU Committee of the Regions

– Ian Micaleff, Chair of the Local Chamber, Congress of the Council

of Europe and interventions from the floor.

Moderator: Keith Whitmore, Chair of the Institutional Committee, Congress of the Council of Europe

Human Rights and Local Democracy

– Emmanuel Decaux, President of SPIDH

12.30 – 13.30 LUNCH

Part II: Possible ways forward

Keynote speech by

– Marc Leyenberger, NGO Conference of the Council of Europe

Comments on challenges and possible ways forward

– Thomas Hammarberg, Commissioner for Human Rights

Panel discussion on:

– systematic work for stronger implementation – examples on different and complementary ways to implement human rights

– actions needed on local and regional level in Europe and by national authorities

– the Council of Europe’s role.

with participation of

– Nyamko Sabuni, Swedish Minister for Integration and Gender Equality

– Marietta de Pourbaix-Lundin, Parliamentary Assembly of the Council of Europe

– Miljenko Doric, Parliamentary Assembly of the Council of Europe

– Heini Utunen, Member of the EU Committee of the Regions

– Susan Bolam, Member of the Congress of the Council of Europe

– Ulrich Bohner, Secretary General of the Congress

and interventions from the floor.

Moderator: Jeremy Smith, Secretary General of CEMR

Part III:

Taking action on human rights

– Katri Linna, Swedish Ombudsman against discrimination

Conclusions

– Yavuz Mildon, President of the Congress of the Council of Europe

17.00 Closing of Seminar

by Anders Knape, President of SALAR

19.00 Dinner with a cultural touch

Alongside of the 1700-century ship, Vasa Museum

Tuesday 7 October

09.00 – 12.00 Optional study visits

Appendix 4

Joint declaration of the SALAR and the Congress of the Council of Europe, in co-operation with the Commissioner for Human Rights of the Council of Europe

We, local and regional decision makers in Europe and representatives of the Congress of the Council of Europe, meeting in Stockholm on 6 October 2008 for the seminar on “Systematic Work for Human Rights - a challenge to local/regional politics”, organised in the perspective of the International Conference on Human Rights on 6-7 November 2008,

Recognizing the special role that local and regional authorities have in the effective implementation of human rights;

Considering that this year marks the 60th Anniversary of the Universal Declaration of Human Rights, which affirmed the universal value of human rights to which the member states of the Council of Europe are deeply committed;

Recalling that the Universal Declaration of Human Rights, together with the European Convention of Human Rights and the European Social Charter, have been the basis for the creation of human rights protection systems of the United Nations, the Council of Europe and other organisations;

Bearing in mind the Charter of Fundamental Rights of the European Union;

Considering that this year marks also the 20th Anniversary of the entry into force of the European Charter of Local Self-Government, which laid down the principles of local democracy as a constituent element of any democratic system;

Noting the efforts made by the Congress to implement and to strengthen local and regional democracy across Europe, and the Congress action in reinforcing the respect for human rights at local level;

Bearing in mind the Conclusions of the Forum for the Future of Democracy in

Stockholm/Sigtuna 2007;

Acknowledging the work of the Council of Europe Commissioner for Human Rights to ensure a systematic approach to human rights at all levels;

Welcoming the active interest for the topic and further work expressed in particular by the Committee for Local and Regional Democracy (CDLR), the Committee of the Regions, the European Institute of Ombudsmen, the Council of European Municipalities and Regions (CEMR), and the International Permanent Secretariat Human Rights and Local Governments (IPSHR);

Recalling the Warsaw Declaration adopted by the Third Summit of Heads of States and Governments of the Council of Europe in May 2005, in which member states committed themselves to pursuing their work to implement human rights standards;

1. Reaffirm that effective democracy and good governance at all levels are essential for creating sustainable societies where people can enjoy a good quality of life and effective participation;

2. Emphasise that democracy and human rights are interdependent and that the improvement of local and regional democracy, as the cornerstone of democracy itself, must be considered both as a tool and a core objective of European countries in implementing human rights in a better way in our societies;

3. Believe that an unconditional compliance with fundamental rights is a

prerequisite for good governance;

4. Call for concerted action between all tiers of government, including local and regional, to eradicate all forms of intolerance and discrimination, and to build cohesive societies in Europe based on respect for human rights;

5. Consider that local and regional authorities must play a more substantial part in the implementation of human rights within the scope of local self-government as laid down in the European Charter of Local Self-Government;

6. Emphasise the need for both a judicial and extra-judicial monitoring of human rights implementation;

7. Recognise the importance of an enhanced co-operation in this area between the Congress and the other Council of Europe human rights bodies, in particular the Commissioner for Human Rights;

8. Recognize that the full implementation of some human rights by local and

regional authorities calls for financial resources which are not available

everywhere, and that such needs must be taken into account at the national and international level;

9. Request full support from the representatives of governments, international organisations and civil society, who will be meeting at the International Conference on Human Rights organised in Stockholm (6-7 November 2008), and ask them to take the following proposals into serious consideration in their forthcoming action plan, and to consult local and regional authorities:

a) to make local and regional authorities aware of their responsibilities regarding human rights’implementation and also aware of the possibilities which a rights-based governance offers;

b) to actively involve civil society in human rights planning and implementation at all levels;

c) to encourage local and regional authorities to promote the respect for human rights through awareness-raising campaigns (for the rights of vulnerable people-including children’s rights- and gender equality for instance), and through local/ regional action plans;

d) to ensure that local and regional authorities guarantee equal access to public services for all, citizens and non citizens, without discrimination towards any individuals, and the preservation of their social rights;

e) to make sure that local and regional authorities act in full compliance with fundamental rights, in particular in the area of data protection;

f) to promote and support the establishment and development of good methods of implementation, such as independent ombudsmen or human rights co-ordinators, at local and regional level;

g) to ensure that, in the implementation of the European Strategy on Innovation and Good Governance at local level, adopted by the Council of Europe, the inherent human rights dimension is effectively taken into account;

h) to create appropriate structures or procedures to facilitate effective monitoring and remedy of cases where fundamental rights are not fully respected in the delivery of local public services;

i) to foster respect for human rights through systematic training of local authorities elected representatives and staff, as well as of independent monitoring bodies, to make them aware of their responsibilities regarding compliance with human rights.

10. Suggest that the Congress prepare a monitoring report on the follow-up to these proposals.

Appendix 5

6EME RENCONTRE DU CLUB DE STRASBOURG

Programme

Mardi 21 octobre 2008

09:00 Transfert de l’hôtel vers le Parlement Européen pour assister à l’intervention du Président en exercice du Conseil de l’Union Européenne, M. Nicolas SARKOZY, en tribune d’honneur

11:30 Accueil officiel du Club de Strasbourg au Pavillon Joséphine en

présence de :

- M. Roland RIES, Maire de Strasbourg

- Mme Danuta HÜBNER, Commissaire Européenne

- Mme Antonella CAGNOLATI, Directrice du Congrès

- M. Jean-Louis LAURENS, Directeur général de la démocratie et des affaires politiques du Conseil de l’Europe

12:30 Déjeuner au Pavillon Joséphine

14 :30 Transfert vers le Conseil de l’Europe

15:00 Débat sur le thème de « La bonne gouvernance locale : une

exigence pour les Maires, un défi pour l’Europe » (Conseil de l’Europe,

salle 2).

Face à la diminution régulière des taux de participation électorale, au recul de

l’engagement associatif ou encore à la baisse de confiance dans les

institutions publiques, la question qui se pose aujourd’hui est celle d’une

meilleure gouvernance locale et notamment de savoir comment la

gouvernance peut être conçue et mise en oeuvre de sorte à promouvoir et

favoriser la participation des citoyens au niveau local.

Le débat sur le thème de « la bonne gouvernance locale : une exigence pour

les Maires, un défi pour l’Europe » sera l’occasion d’examiner les différents

défis et stratégies de promotion de la gouvernance locale. Il soulignera

l’importance de la démocratie locale et soulèvera quelques grandes

interrogations transversales relatives aux stratégies de bonne gouvernance et

à la participation des citoyens à la prise de décision publique. Seront

notamment examinées les principales orientations de la Stratégie initiée par le

Conseil de l’Europe dans ce domaine dans le but de promouvoir l’innovation

et la bonne gouvernance, dans le prolongement d’autres réalisations

majeures telle la Charte européenne de l’autonomie locale. Le débat

permettra de croiser les regards entre les institutions européennes et les élus

locaux dans le but d’identifier d'éventuelles pistes d’action que les Maires

pourraient poursuivre au sein du réseau.

Echanges entre élus en présence de :

- M. Giovanni DI STASI, Chef du Centre d’Expertise sur la Réforme de l’Administration locale

- M. Paolo RONDELLI, membre du Congrès et conseiller municipal de Saint-Marin

- M. Jean-Marie BEAUPUY, Député européen, membre de la commission du développement régional

- M. Robert HERRMANN, 1er adjoint

- M. Marc THOULEN, Directeur de l’Association de la Ville et des Communes de la Région Bruxelles-Capitale

- M. Jo SPIEGEL, Président de la Communauté d’Agglomération de Mulhouse Sud Alsace

Animateur : M. Vladimir VASAK, Président du Club de la Presse de

Strasbourg, journaliste ARTE

17:30 Photo officielle

17:45 Retour à l’hôtel – temps libre

19:10 Transfert vers le palais des Rohan

19:30 Cocktail dînatoire au Palais des Rohan

Mercredi 22 octobre 2008

Matin Petit déjeuner à l’hôtel

08 :30 Transfert de l’hôtel vers le Conseil de l’Europe

09:00 Table ronde sur le thème de « La Semaine européenne de la

démocratie locale : Initiatives concrètes pour la participation des

citoyens» (Conseil de l’Europe, salle 2)

Accueil par Mme Nawel RAFIK-ELMRINI, Adjointe au Maire en charge des

relations internationales

Le débat de la veille sur le thème de « La bonne gouvernance locale : une

exigence pour les Maires, un défi pour l’Europe » a permis de mettre en

évidence les différents enjeux auxquels sont confrontées à l’heure actuelle

les villes en Europe en matière de gouvernance et démocratie locale et les

réponses qu’il est possible d’y donner. Il ressort des discussions que

l’implication des citoyens dans l’élaboration des politiques publiques est une

condition sine qua none d’une bonne gouvernance locale. Elle permet

notamment d’assurer des résultats plus efficaces, efficients et légitimes de

la gestion publique. Mais comment mettre en pratique ces principes ?

Quelles sont les actions concrètes permettant de promouvoir et renforcer la

démocratie locale ?

La table ronde sur « La Semaine européenne de la démocratie locale :

Initiatives concrètes pour la participation des citoyens » permettra de créer

une plateforme d’échanges entre les membres du Club sur les initiatives

prises par leur ville en matière de démocratie locale. Elle présentera dans

un premier temps la Semaine Européenne de la Démocratie Locale (SEDL),

manifestation européenne initiée par le Conseil de l’Europe en 2007, qui

vise à promouvoir la participation démocratique au niveau local et à

améliorer les connaissances des citoyens sur leurs collectivités.

La SEDL consiste en événements locaux et nationaux organisés chaque année

pendant la semaine du 15 octobre par les collectivités locales dans les 47

Etats membres du Conseil de l'Europe. Elle développera ensuite les

initiatives concrètes prises par les villes dans ce domaine en direction des

différents publics (jeunes, aînés, étrangers, associations, etc).

Echanges entre élus en présence de :

- Prof. Francesco Merloni, Président du groupe d’experts indépendants sur la Charte européenne de l’autonomie locale

- M. Marc THOULEN, Directeur de l’Association de la Ville et

des Communes de Strasbourg de la Région Bruxelles-Capitale

- M. Borislav BORISOV, Adjoint en charge des finances, programmes et projets de la Municipalité de Varna ;

- M. Ivan KURET, Maire de Split ;

- M. Ninel BERNEAGA, Conseiller local de la Ville d’Iasi

- Mme Nawel Rafik-Elmrini ou M. Robert HERRMANN, 1er Adjoint au Maire de la ville de Strasbourg ou M. Eric SCHULTZ, conseiller municipal délégué à la démocratie locale

Animateur : M. Dimitri MARCHENKOV, Chef de l'unité de communication du Congrès des Pouvoirs locaux et Régionaux

11:30 Débat sur les perspectives du « Club de Strasbourg »

12:30 Déjeuner au Restaurant bleu du Conseil de l’Europe

14:00 Fin de la 6ème Rencontre du « Club de Strasbourg », retour à l’Hôtel

17:30 Inauguration de l’exposition « Résidences croisées »

Appendix 6

A still provisional draft of the final declaration

22 October 2008

On the occasion of the Meeting held in Strasbourg on 21 and 22 October 2008, we, the representatives of the member cities of the Strasbourg Club, debated the major issues facing European cities in the field of local governance. Good local governance has been found to be essential for the success of major urban projects, the improvement of local public services and the quality of our relations with our citizens, concerns that we all share, whatever the specific context of each city that has elected us.

We can congratulate ourselves on the initiatives taken by the European institutions in this respect, which recognise that this issue represents a major challenge for Europe and aim to support local elected representatives in the responsibilities they assume in these matters. We also salute in particular the "Strategy on innovation and good governance at local level'" adopted by the Ministers of the Member States of the Council of Europe and fully adhere to the twelve principles on which it is based. We are also pleased to see the importance that the Council of Europe attaches to the participation of citizens in local public life thanks to initiatives such as European Local Democracy Week, organised in close cooperation with the Congress of Local and Regional Authorities. Local democracy in fact plays a decisive role in the quality of our European democratic systems and its vivacity constitutes a true key to success for good governance at local level.

Furthermore, we are also convinced that cooperation between European cities constitutes a genuine source of added value both for the quality of the policies implemented by local authorities and for the reinforcement of a common European identity.

This is why we wish to make local governance and democracy, two notions that are closely linked, priorities among the objectives of the Strasbourg Club's exchanges and to set up a forum for dialogue and sharing good practices within our network. We are thus asserting our desire to actively participate in promoting Europe's fundamental values and to create, in line with the competences entrusted to us by our respective national and regional authorities, the conditions necessary to good local governance and the solid anchoring of democracy in general.

In this context, European Local Democracy Week, which aims to raise citizens' awareness of what is at stake in local autonomy and of their role in local public life, seems to us to be an initiative that is particularly conducive to the reinforcement in the future of the synergies between our cities around a shared concern: that of meeting the legitimate expectations of citizens for a concerted living environment. We, the elected representatives of the cities of the Strasbourg Club, undertake to present to our respective city councils any appropriate proposal to this effect.

Appendix 7

GOOD GOVERNANCE IN EUROPE

Trieste, Porto della Città - Molo IV

Calypso Hall

Thursday 23 October, 14h30

14.30     Registration of participants

15.00     Opening of the meeting

Veronica Nicotra – Head of the Anci Office

Angelo Muzio– Congress of Local and Regional Authorities of the Council of Europe

15.30     The Valencia Strategy for innovation and good governance in Europe

Introductory speeches

Pierciro Galeone – Secretary General Cittalia – ANCI Research Foundation

Giovanni Di Stasi - Head of the Centre of Expertise for Local Government Reform – Council of Europe

16.00   The European framework: exchange of experience

Greta Billing - Deputy Director General, The Royal Ministry of Local Government and Regional Development, Norway

Ginka Tchavdarova - Executive Director, National Association of Municipalities of the Republic of Bulgaria

Guido Meloni – Group of independent experts of the Council of Europe on the European Charter of Local Self-Government

Miljenko Doric - President of the Sub-Committee of Local and Regional Democracy of the Parlimentary Assembly of the Council of Europe

17.30    Closing of the meeting

On. Rossana Boldi – President of the Senate Political Committee on the European Union

Salvatore Perugini– Mayor of Cosenza

Appendix 8

PROGRAMME

Meeting of the State/Understate Secretary Visegrad Countries V4

responsible for public administration

27-28 November, 2008, Warsaw

accommodation

HOTEL „REYTAN”, 6 Reytana STREET , 02-516 WARSAW

meeting

HOTEL „PARKOWA”, 46/50 Belwederska STREET , 00-594 WARSAW

Thursday, 27th of November, 2008

                            Arrival and accommodation of participants

approx. 12.00 Lunch (Villa no.1,  „PARKOWA” HOTEL)

Negotiations (Villa no.1,  „PARKOWA” HOTEL)

13.30                     Inaugaration

                            Tomasz Siemoniak, The State Secretary, The Ministry of the Interior and Administration of the Republic of Poland

13.35 – 14.05 Report of the Republic of Poland

Tomasz Siemoniak, The State Secretary, The Ministry of the Interior and Administration of the Republic of Poland

·         improvement public administration at the local level

14.05 – 14.35 Report of the Czech Republic

Robert Ledvinka, Director General of Section of Public Administration, Ministry of Interior of the Czech Republic

14.35 – 15.05 Break

15.05 – 15.35 Report of the Hungarian Republic

Péter Makszin, The Understate Secretary at the Prime Minister’s Office of the Hungarian Republic

15.35 – 16.05 Report of  the Slovak Rapublic

Vladimír Čečot, The State Secretary, The Ministry of Interior
of the Slovak Republic

·         implementing strategy for innovation and good  governance at local level

16.05 – 16.35 Report of Council of Europe – TO CONFIRMATION

Giovanni di Stasi, Head of the Centre of Expertise on Local Government Reform of Council of Europe,

16.35 – 17.50    Exchange of Experiences in Scope ff EU Presidency

18.00  Adoption and signification Final Declaration

approx. 19.00 Dinner

Friday 28th of November, 2008

10.00 – 12.30          Visiting at the Warsaw Raising Museum

12.30 – 14.00 Lunch

Departure of the Participants