Strasbourg, 24 June 2010                                                        SIGG/Platform(2010)3

STAKEHOLDERS’ PLATFORM ON THE

STRATEGY FOR INNOVATION AND GOOD GOVERNANCE

AT LOCAL LEVEL

STATE OF IMPLEMENTATION OF THE STRATEGY

  

STRUCTURES AND PROCEDURES FOR AWARDING THE EUROPEAN LABEL

Document prepared by the Directorate of Democratic Institutions

Directorate General of Democracy and Political Affairs

Introduction

In accordance with the decision of the Committee of Ministers of the Council of Europe of 26 March 2008 (1022^nd meeting of the Deputies) adopting the Strategy for Innovation and Good Governance at Local Level, a Council of Europe Stakeholders’ Platform was established with the task of “following and giving guidance to the implementation of the Strategy … and of further developing it, including by drawing up guidelines, in the light of experience, with a view to further countries taking up the Strategy in the years to come”.

As the implementation of the Strategy includes a “European Label of Innovation and Good Governance … created to distinguish deserving local authorities across Europe”, the Council of Europe Stakeholders’ Platform may deem it expedient to adopt provisions governing the Label so that it is granted under conditions ensuring equal opportunities and treatment for the participating local authorities, and fairness and openness of the process leading up to the award decision.

The Platform might also specify the terms and conditions for joining the Strategy to enable as many states as possible to commit themselves to it.

The approach followed in the provisions below, drawn up by the Secretariat, was validated by the Directorate of Legal Advice and Public International Law. Any specific proposals for amendment may be presented in meeting.

Decisions required

The Stakeholders’ Platform is invited to adopt the provisions set out in the Appendix to this document.

The Platform is also invited to decide that each application for accreditation will be examined by two rapporteur members (with the assistance of the Secretariat), prior to decisionmaking by the Platform.

Appendix

Regulations adopted by the Council of Europe Stakeholders’ Platform to accredit national platforms under the Strategy for Innovation and Good Governance at Local Level and to award its European Label

I. Joining the Strategy

1          Any Council of Europe member state may join the Strategy for Innovation and Good Governance at Local Level. Joining the Strategy carries an undertaking by the state, and where applicable by the local authorities through the agency of their representative associations, to achieve the objectives of the Strategy and carry out such actions as may be necessary for that purpose.

In the case of states with a federal or regional structure, the above shall also be possible for the federate or regional entities. The following rules shall apply to them mutatis mutandis.

2          The Strategy may be joined at any time. This shall be signified by any document or declaration that clearly certifies the joint undertaking by the state of the one part and by the local and regional authorities of the other part, transmitted to the Secretary General of the Council of Europe by the Permanent Representation of the member state concerned. The Secretary General shall acknowledge receipt thereof.

3          The Council of Europe Stakeholders’ Platform, hereinafter referred to as “European Platform” shall receive the declaration of intention to join and, if this is deemed to reflect a serious and lasting commitment, shall so inform the member state concerned through the agency of the Permanent Representation. The act of joining the Strategy shall become effective at that point in time

4          The European Platform and the member state joining the Strategy shall duly publicise the fact.

5          A member state which has joined may withdraw by means of a communication addressed to the European Platform under the same conditions as above, giving the reasons for withdrawal. The European Platform shall note and duly publicise the withdrawal.

II. European Label

1          A member state which has joined the Strategy may request the accreditation of one of its national institutions called National Stakeholders’ Platform, hereinafter referred to as “national platform”, which will thus be authorised to award the European Label of Innovation and Good Governance to authorities of that country.

2          The national platform shall look after the management of the procedure for granting the Label, take responsibility for it, and accept the consequences. Subject to compliance with the provisions of these regulations, legal arrangements for constituting the national platform shall be left for the partners concerned to make. The partners may seek the opinion of the Council of Europe and of the European Platform beforehand.

           

3          Procedure under which the European Platform accredits a national platform.

            3.1       Accreditation as a national platform shall be granted by the European Platform upon production of a file providing whatever documents, evidence or certification may be necessary to meet the following criteria and conditions:

                        3.1.1    the national platform shall comprise persons jointly appointed by the ministries responsible for local and regional government and the associations of local authorities or of local elected officials. There may be provision for secondment of qualified individuals. The composition of the national platform shall meet requirements of political representativeness, geographical balance, expertise in the field of local democracy, and high personal integrity of its members, of which appropriate evidence shall be provided;

                        3.1.2    the national platform shall enlist the services of an operational secretariat for the conduct of its activities and in particular for the label award procedure. The secretariat may be an existing national or regional institution, or an ad hoc structure. The secretariat must give every assurance of stability through time and of operational capability, suitable evidence of which shall be provided;

                        3.1.3    the national platform shall act in accordance with statutes to be included in the accreditation file. The statutes shall lay down rules as to members’ appointment, term of office and replacement, functioning (convocation, organisation and decision-making), the budget, settlement of disputes, and dissolution of the platform;

                        3.1.4    the accreditation file shall lastly give a definite indication of the financial and human resources for the functioning of the platform; it shall give evidence that assumption of the label is backed by adequate resources.

            3.2       The award of the Label to local and regional authorities which have joined the Strategy shall be made in accordance with a procedure whose details will be itemised in specific rules, to comprise:

            -           firstly, the tools to be used in the country concerned for awarding the Label, that is a benchmark for the expected practices and the relevant documents, and questionnaires on the satisfaction of the elected officials and citizens of the authority concerned, and

            -           secondly, rules on information, access to documentation, terms of participation, scrutiny of replies and decision to award – or refuse – the Label to any authority having submitted the application file in the manner and time prescribed.

                        3.2.1    The benchmark and the questionnaire(s) which the national platform intends to use shall be consistent with those adopted by the European Platform. Where the national platform wishes to diverge from them, it shall state and justify the fact. The European Platform may stipulate changes or withhold validation of the national or regional benchmark and/or questionnaires where they do not cover all 12 European Principles, or remove or significantly alter any of the criteria or questions making up the Council of Europe benchmark and questionnaires, or where the proposed changes patently introduce a modification of the rules such as to prejudice equal opportunities and equal treatment of local and regional authorities across Europe.

                        3.2.2    The European Platform may have the tools, benchmark and/or questionnaires developed in the light of experience gained, and determine the conditions of their use.

3.2.3    The rules shall govern and ensure:

           

            -           generally available, accessible and unbiased information for local authorities; dissemination of the benchmark and other tools, and their presentation to local authorities;

            -           the terms of participation based on: the authorities’ free and spontaneous initiative, equal opportunities, right to withdraw and to participate at another time, setting of reasonable deadlines, right to lay complaints, and dispute resolution procedures;

            -           collection of files, scrutiny and possible inspection visits, and submission of findings, it being understood that the experts assigned these duties shall meet criteria of competence, independence and impartiality in the performance of their functions; these independent experts shall make a recommendation to the national platform on the award – or refusal – of the Label;

            -           the procedures for the national platform’s examination of the application files and decision whether or not to award the Label, which decision must be reasoned, notified to the local authorities and made public. A decision contrary to the opinion of the independent experts shall require at least an absolute majority of members. However, should this be preferred, a qualified majority may be required

III. General provisions

1          Accreditation of the national platform shall be granted for a limited period determined by the European Platform, renewable on condition that the national platform lodges a fresh application giving the necessary evidence and assurances.

2          The decision to accredit the national platform shall be communicated to its backers through the agency of the Permanent Representation of the member state concerned to the Council of Europe. Accreditation shall become effective upon reception by the national platform.

3          National Stakeholders Platforms shall cooperate fully with the European Stakeholders Platform, regularly inform it of its activites and shall provide any information it requests.

4          The European Platform may suspend a national platform’s award of the Label at any time, pending further investigations. If at the conclusion of the investigations the European Platform finds serious breaches of the regulations, it shall withdraw the national platform’s accreditation and may retroactively invalidate labels already awarded.

5          Documents submitted to the European Platform for approval or agreement shall be drafted in the language(s) of the state or region with translation by the member state concerned into one of the Council of Europe official languages. Any other communication, particularly with the Council of Europe or the European Platform, shall be made in one of the Council of Europe official languages.

6          The budgetary implications of the implementation the Strategy and the Label shall be borne by the member states, where relevant the regions, the national platforms and the local and regional authorities concerned, each according to its powers and responsibilities.

7          The European Platform reserves the right to amplify or modify the foregoing provisions in the light of experience gained. If so, the accreditations granted shall remain valid up to the expiry of the period for which they were granted and shall be subject to the new provisions if and when renewed.