Legal for City-To-city Europe

8/6/2019 Legal for City-To-city Europe

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SEVILLE BEST PRACTICES CENTRE FOR

CITY-TO-CITY CO-OPERATION

National legal frameworks forlocal government international

action

JANUARY 2007


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This publication constituted the preparatory material to the Winter Seminar"Legal issues for city-to-city co-operation: a framework for local governmentinternational action" held in Seville, Spain in January 2007. This material isthe product of a research conducted by the UN-HABITAT Seville BestPractices Centre for city-to-city co-operation, with the contribution of severalinstitutions mentioned below.

This publication is available on-line @:http://www.unhabitat.org/categories.asp?catid=508

CONTACT

[email protected]

UN-HABITAT - Gerencia de Urbanismo

Avda. Carlos III s/n - 41092 - Sevilla - Spain

Tel. +34.954.48.02.23

Fax. Tel. +34.954.48.02.22

DISCLAIMER: The designations employed and the presentation of material inthis publication do not imply the expression of any opinion whatsoever on thepart of the Secretariat of the United Nations concerning the legal status of anycountry, territory, city or area or its authorities, or concerning the delimitation of its frontiers or boundaries or regarding its economic system or degree of development. The analysis, conclusions and recommendations of this documentdo not necessarily reflect the views of the United Nations Human SettlementsProgramme (UN-HABITAT), the Governing Council of UN-HABITAT or its MemberStates.


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INDEX

Introduction 4

Austria 6

Belgium 8

Denmark 16

Finland 19

France 23

Germany 30

Ireland 34

Italy 36

Norway 41

Serbia 43

Spain 50

Sweden 57

Switzerland 60

United Kingdom 61

United States 65

TABLE 1 Local government competencies 67

TABLE 2 Local authorities in Europe 70


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Introduction

In the past decades, European cities and local governments have increasinglyengaged in international co-operation. International instruments as the HabitatAgenda in 1996 and the UN Millennium Summit in 2000 highlight the critical role of cities and regions in development. Nevertheless, while the national state is alegitimated actor in the international scene, no international legislation recognise localgovernment as an international actor.

In the EU context, we are assisting to a "de facto" situation where cities, provincesand regions are increasingly engaging international action while their legitimacy andthe legal framework in which these new actors operate remains undefined. Even if theproblematic changes from case to case, many local authorities have real problems totransform their solidarity will into practical projects and initiatives.

All over the world, public administrations need to be authorised in order to act in adeterminate sector, while national legislation generally legislate the different

competencies attributed to the national, regional and local level, it is never very clearabout international action regarding humanitarian purposes or the promotion of general wellbeing. In some countries we find a Constitutional recognition of theprinciple of general competence, thanks to which local governments can act in anysphere not specifically attributed to other level of government. In same cases the lawstates that foreign policy is an exclusive competence of the national level, but whenexactly an humanitarian project start interfering with the nations official foreignpolicy, how the national state can control what other levels of government are doing?

These and many other questions motivated the celebration of a technical workshopunder the title: Legal issues for city-to-city co-operation: a framework for localgovernment international action held in Seville, Spain from 8 th to 10 th 2007.

The main objective of this workshop was to share experience on solving legal /administrative problems that local government must face when undertakinginternational action, as well as to identify useful tools for improving effectiveness of

international co-operation implemented by local governments.The activity was organised by the Seville Centre for City-to-City Co-operation, aproject of the UN-HABITAT Best Practices and Local Leadership Programme. TheCentre is supported by the Seville City Council and its goal is increase co-operationbetween local government in the field of the Millennium Development Goals.


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The answers provided have been systematised in this document, which is both aresume of the workshop discussion as well as an overview of the participants nationallegal frameworks and a casebook of solutions that local government provide to makepossible co-operation and exchange for the realisation of common developmentprojects.

We would like to specially thank all the persons and institutions that have madepossible the elaboration of this document. Specially, the Best Practices Hub in ViennaCity Council and Bettina Muller for their help with the Austrian case. Ilse Renard andBetty De Wachter from the Association of Flemish Cities and Municipalities for theircontribution on Belgium. Heikki Telakivi and Eeva Rautiainen at .the Association of Finnish Local and Regional Authorities. Yannick Durand and Pierre Pougnaud at theFrench Ministry of Foreign Affairs. Nina Ouan, Inwent; Christiane Thoemmes, MunichCity Council and Ursula Hoyer, Frankfurt City Council. Mary Freehill at the Dublin CityCouncil. Simonetta Paganini from the Italian Association of Municipalities. MariaBottiglieri at the Turin City Council. The Norwegian Association of Local and RegionalAuthorities staffers May Endresen and Liss Schanke. Tomislav Novovic at the UnitedNations Development Program in Serbia and Rosalie Callway at the UK LocalGovernment Association.An finally, a big thank you to our interns Niklas Hemmann and Thomas Berger fortheir support and energy during the preparation of this document.

Seville Best Practice Centre for City-to-City Co-operation

[email protected]


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NATIONAL LEGAL FRAMEWORKS: AN OVERVIEW

The purpose of this section is to examine the legal framework that allows localgovernments to act. We have considered that it was important to start by theirgeneral capacity to act at local level in order to understand better what is thelegal basis they are actually using to act at international level as well.

AUSTRIA

Population: 8.192.880(2006)

GDP per capita: 32.500$ (2005)

Human Development Index 2006: 0,944 (position: 14 over177 countries)

Official Development Aid (OECD 2005): 1.666 USD million

Local government estimated contribution to ODA (OECD2003): 3.9 USD million (0,9%)

City Councils 2381Gemeinden

Metropolitan areas 15Statutarstdte

Districts 84Bezirke

Regions 9Bundeslnder

Austria is a Federal State (9 Bundeslnder) divided into districts (Bezirke) Districts aresubdivided into municipalities (Gemeinden) and cities (Statutarstdte).

National legal framework for local government action

Applicable law

The Austrian Constitution of 1929 recognises both the principle of local autonomy and

general competence. Recognition of the principle of local autonomy

Article 116 of the Austrian constitution says that local governments have the right toadministrate themselves, it establishes local government as autonomous economicentities as well


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Article 118.1 and .2

(1) A Council has its own sphere of competence and one assigned to it either by theFederation or the State.

(2) Its own sphere of competence comprises, apart from the matters mentioned in Article116 (2), all matters exclusively or preponderantly concerning the local community aspersonified by a Local Council, and suited to performance by the community within itslocal boundaries.

Article 119, paragraph 1:Its own sphere of competence comprises all matters exclusively or preponderantly concerningthe local community as personified by a Council, and suited to performance by the communitywithin its local boundaries.

And (4)

The Council shall perform the business for which it is competent within the framework of the

laws and ordinances of the Federation and the State on its own responsibility free frominstructions and -- subject to the provisos of Article 119a - to the exclusion of legal redress toadministrative authorities outside the Council. A right of supervision (Article 119a) pertains tothe Federation and to the State over the Local Council with respect to its performance in itsown sphere of competence.

Article 119a [Supervision]

The Federation and the State exercise the right of supervision over a Council to the purposethat it does not infringe laws and ordinances in dealing with its own sphere of competence, inparticular does not overstep its sphere of competence, and fulfills the duties legally devolvingupon it.

Distribution of responsibilities

Local competencies

Article 118.3 of the Constitution

A Council is guaranteed official responsibility in its own sphere of competence particularly forperformance of the following matters:

1. appointment of the local authorities;settlement of the internal arrangements forperformance of the Local Council functions;


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Ratification of the European Charter of Local Self - Government

Signature 15/10/1985 Ratification 23/9/1987 Entry into force 1/9/1988Legal framework for local government international action

Applicable law

Not specified: a law that regulating local government international co-operation doesnot exist.

Legal authorisation is based on the article 116 of the Constitution (generalcompetence). The state or federal government can supervise this action asestablished in article 119.

Trans-border co-operation

The Austrian Lnder (Regions) are allowed by the Constitution (art. 16,1,3) to sing co-

operation agreements with the governments they share a border with.Financial aspects

Each municipality designs a specific amount to finance international co-operation.Most of the funds come from local budget even though federal funding can becomplementary.

BELGIUMPopulation: 10.379.067 (2006)



Official Development Aid (OECD 2005): 1.552 US million

Local government estimated contribution to ODA (OECD2003): 59,8 USD million (5%)


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Contemporary, three regions exist: French speaking Wallonia (30%) and Flemishspeaking Flanders (60%), plus the officially bilingual Brussels-Capital Region (10%).

The regions in Belgium have legislative power.This division into three communities and three regions is typical for Belgianfederalism. Both types of entities have their own exclusive competences. Theirterritories overlap geographically, since in fact they correspond to differentcombinations of Belgium's four linguistic areas .

In Flanders, a decision was made (1980) to merge the Flemish Community and the

Flemish Region. That is not the case in the French speaking part of Belgium wherethere is still a difference between the Community and the Regions.

Belgium has six Parliaments and six Governments. Apart from the federal Parliament(consisting of a House of Representatives and a Senate) and the federal Government,there are the different Parliaments and Governments for each of the threeCommunities and for two of the three Regions.

In Belgium there has been a huge transfer of competencies from the national level tothe regional levels following different stages of state reform. Belgium is an atypicalfederal state whereby there is no hierarchy between the federal and regional levels of government.


Applicable law

a) Belgian Constitution Belgian Constitution of 7 February 1831; amended manytimes (last revision 14 July 1993)

b) The Municipal Law (March 30, 1836). However, since further decentralisation of Belgium, most of the municipal competencies have been transferred to the regionallevel. In Flanders, there is the Flemish Municipal Decree of 2005 (see below). InWallonia, apply La Code de la Dmocratie Locale et de la Dcentralisation (The code

for local democracy and decentralisation) and La nouvelle Loi communale (Newmunicipal law (2005). In the Brussels Capital Region, there has been an adaptationof the existing municipal law. Through these changes, the Regions have become thesupervising authority of the municipalities.

Recognition of the principle of local autonomy


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Article Art. 162.2 of the Constitution

the attribution to provincial and communal Councils all that which is in the provincial orcommunal interest, without prejudice to the approval of their actions in cases and followingthat manner determined by law

Regional legal framework for local government action

Belgium is constituted by three Regions and three Communities:

1) the Walloon Region, the Flemish Region, and the Brussels Region.

2) the Flemish Community, the French Community and the German speakingCommunity. (see above)

The Flemish Municipal Decree (15th July 2005), establishes that it is the FlemishRegional Government who supervises the authority of local governments (municipal

councils and Provinces). The same supervising role of the Regions exists in Walloniaand in the Brussels Capital Region.

The number and characteristics of the competencies attributed to local governmentsare an ongoing process, because new responsibilities and tasks emerge. In Flanders,a debate on the core competences of each level (Region, province, local) ran fromDecember 2000 till April 2003. It finally ended with the signature of a governmentalagreement in April 2003 identifying which level of government is responsible forwhich kind of task. It is an attempt to define (internal) subsidiarity in Flanders.The new article of the Municipal Decree (art 2 + art 42) will only be implemented inJanuary 2007.


Federal government Language communities Regions

Justice and home affairs

Defence

Social security

Language-related issues:

Education

Health

Territory-related issues:

Economics

Infrastructure


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The Regional governments are competent for regional matters such as town andcountry planning, nature conservation, housing, water policy, environment,

economics, energy policy, local authorities, employment policy, public works andtransport (bus, trams, subway).

In Flanders, the Community and Regional governments have merged, so there is oneFlemish government and one Flemish Parliament and administration. This is not thecase in the French speaking part of Belgium.

Note: the following section concerns the Flemish region

Environment

95% of Environmental issues are regional. Any issue that is related to regionallegislation in a detailed way is therefore automatically withdrawn from thecompetence of municipalities (i.e. air pollution by heating of buildings).

Since 1992 succeeding Flemish agreements on environmental issues between the

region and the local governments (the so-called covenants) have led to good resultsat LG level, by subsidising local policy and projects on waste collection, natureprotection, use of environmentally sound products, promoting solar energy, etc.

The Raad van State (Supreme Administrative Court) stated that whenever a matterhas not been or is not subject of a detailed, fully implemented regional or centralgovt. regulation, municipalities have the freedom to provide local regulationsconcerning that particular matter.

Housing

The Flemish Code of Housing (1997) gave local authorities an explicit role within thefield of housing. They have to co-ordinate the initiatives concerning (social) housingwhich local private and public actors undertake at local level. Local governments donot receive any financial support to fulfil this role.

For housing, spatial planning is a crucial instrument. Spatial planning decides wherebuildings can or can not be constructed (the so called zonal plans). Local governmentsmake up those plans, but they are strongly guided and controlled by the regional andprovincial governments.

Taxes are mainly organised at federal level. Taxes are an important way to supporti hi L l d h i fl hi fi l


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Waste management

Waste was the first environmental sector that benefited from a systematic approach,through the development of plans. This was helpful for the local authorities. Flandersalso has a system of subsidies for specific investments concerning prevention andseparate collection of waste from which the municipalities can benefit.

Specific rules on producer responsibility sometimes limit the choices municipalitieshave in organising waste collection.

The Raad van State (Supreme Administrative Court) clearly stated thatmunicipalities are fully competent to organise and regulate household wastemanagement.

In a general way the Flemish Government wants to control LG too much and there isan overload of regulation and administrative burden.

Outsourcing of competencies through PPPs (Public-private partnerships)

Local Governments have a high degree of local autonomy. They can decide when andhow they want to offer their services :(1) Local governments themselves(2) Inter-municipal co-operations(3) PPSLocal governments have many possibilities to assign tasks or services to other

entities, this is particularly the case for culture, tourism, and social services.However, in the Flemish context there is always a strong link between those non-profit entities and the local government concerned (i.e. representatives of the LG aretaking part in the board of governors or in the general assembly of the non-profitorganisation or CBO)

Note: due to the growing impact of EU legislation concerning public procurement itmight become more difficult for LG to maintain this kind of autonomy.


Signature 15/10/1985 Ratification 25/8/2004 Entry into force 1/12/2004

Legal framework for local government international action


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Article 128 (International relations)

The French and Flemish Community Councils rule by decree, in as much as each is concerned,on personal issues, in addition to what is included in such issues, matters of inter-communaland international cooperation, including the ratification of treaties.

b) National Law on "Belgian International Cooperation" (voted on 25 May 1999 by theHouse of Representatives and published in the Belgian official journal on 1st July1999).

This law establish no geographical limitations for the indirect actors, among which theNGOs and local government. Still, there is a huge pressure to focus all activities onthe 18 priority countries of the Belgian Government.

c) Flemish Decree on municipal development cooperation (voted in 2004) recognisesthe role of local government, gives content related & financial incentives.

Related links:

Error!Marcador no definido.

http://docs.vlaanderen.be/channels/hoofdmenu/vlaanderenint/pdf/mvtEngels.pdf

Geographical restrictions imposed by the law or regulation

No. Only extra financial incentive of 5000 euro/year for partnerships within the

priority countries of the Flemish Government (Botswana, Lesotho, Mozambique,Namibia, Swaziland and South-Africa and Malawi)

What aspects of the law could be improved?

Implementation can sometimes be problematic because the interpretation of thedecree by the Flemish Administration is stricter than the philosophy of the decree onMunicipal Development Cooperation itself.

Financial aspects - National level

Applicable law for the allocation and management of grants for initiatives in favourof international co-operation

Royal Decree on municipal international co operation (2000 renewed on a yearly


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The fact than the procedure is organised on annual basis makes it very much "projectoriented" instead of "process oriented". One year is too little for local government

procedures and there is a strong tendency to apply procedures from the NGO sectorto local government, which need specific and more flexible regulations.

Please describe what aspects of the law could be improved

Multi-annual programme with rules applicable to the size & level of local governmentand taking into account the specificity of a local government as a publicadministration.

Financial aspects - Regional/Community Level

Applicable law

Flemish Decree on municipal development co-operation (2004).

Geographical limitations established by the law

A priority is given to the partners of the Flemish government (Bostwana, Lesotho,Mozambique, Namibia, Swaziland, South-Africa and Malawi)

Financial limitations established by the law

Maximum grant per municipality

- 48.000 euro in three years for cities without a city link (twinning)

- 96.000 euro in three years for city with a city link (twinning)

Can EU stakeholders benefit from these subsidies/grants?

No

Can stakeholders outside the EU apply for this grants?

Indirectly, when in partnership with a Flemish municipality.

Does the law provide for a specific dispute procedure in the event of a disputebetween contracting parties in international cooperation?


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Co-ordination mechanisms

- The Federal State cannot intervene in order to control the international activitiesof the Regions/Communities

- The Ministry of Foreign Affairs only receives a copy of already-made agreements

- There is no known mechanism of control from the federal state or the region onthe international actions undertaken by local authorities.

-

The only control mechanism is at City Council level when local government has toapprove a grant.

Local international co-operation policy making

The 37 Flemish municipalities applying to the Funds made available by the FlemishDecree 2004 have designed a Strategic Plan for 3 years (2005 - 2007).

A study (Global Village Municipalities, Partners for development) published in 2000by the Belgian Association of cities and municipalities, demonstrated that 29% of Flemish municipalities have a policy document regarding international co-operation.This document is generally approved by the Local Council at the beginning of thelegislature (current one is 2000 - 2006).

What specific geographical areas does it establish as a priority, if any?

The Flemish Government gives a financial incentive of 5000 euro/year for partnershipswith LG in South-Africa, Mozambique, Lesotho, Swaziland, Botswana, Namibia andMalawi.

What specific thematic issues does it establish as a priority, if any?

Capacity building

Reinforcement of the institutional framework and good governance

Provision of local services.

De facto, many of Flemish local government co-operate in the field of wastemanagement, youth and local economy.


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arguments in case they do not follow the suggestions made by the municipal advisorycommittee on development cooperation.

Was this Plan approved by the city Council?

YES, but the consensus with the parties in the opposition depends on each individualcase.

Does this plan establish the financial resources for international cooperation? Arethese resources established in base of a percentage of the total budget or as a fix

amount?Yes. For both subsidy programs a budget planning is required. In the case of theFlemish program local governments need to co-finance 30 % minimum, but theyoften co-finance much more. In the case of the Belgian programme a co-financing of 15% is required but in reality the percentage is higher.

DENMARK

Population: 5.450.661 (2006)




Number of municipalities: 98 communer

Number of regions: 5 regioner

Source: Local Government Denmark webpage http://www.kl.dk/359504

Recognition of the principle of general competence

Section 82 [Local Autonomy]

The right of the municipalities to manage their own affairs independently under the supervisionf h S h ll b l id d b S


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Larger and more sustainable municipalities will be given the responsibility to handlemost of the citizen-related tasks. Numerous local referendums have been held, giving

the citizens the opportunity to decide which new municipality their area should belongto.Responsibilities of the State after 1 January 2007:

Police, defence, legal system Foreign service, Official Development Assistance General planning within the health care sector Education and research except primary school and special education Activation of the unemployed with insurance in joint job centres with the municipalities,

unemployment insurance, working environment and overall employment policy Taxation and collection of debt to the public authorities Social services: National knowledge and special counselling organisation (VISO) The general road network and the state railway General nature, environmental and planning tasks Certain cultural measures Business economy subsidies Reception of asylum applicants

New Municipal ResponsibilitiesThe municipalities will take over a number of activities from the counties, amongother things environmental control, adult education and specialised social services.Another new responsibility for the municipalities is in the field of employment policies.The future employment system will be organised with local job centres so that citizensand companies have one access point to employment activities.

The new municipalities will also give away some responsibilities, principally around theassessment and administration of taxes which will be handled by the state.

It is expected that bigger local authorities will benefit from economies of scale,meaning that instead of a number of smaller municipalities having each their schooladministration, for instance, a new municipality, composed by a number of "old"municipalities, may benefit financially from having only one school administration.


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Responsibilities of the Municipalities after 1 January 2007: Social services: Total responsibility for financing, supply and authority Child care Primary school, including any special education and special pedagogical assistance for

small children Special education for adults Care for the elderly Health care: Preventive treatment, care and rehabilitation that do not take place during

hospitalisation, treatment of alcohol and drug abuse, home care, local dental care,special dental care and social psychiatry

Activation and employment projects for the unemployed without insurance in job

centres run jointly with the state (10 pilot municipalities undertake the task for theunemployed with insurance on behalf of the state) Integration and language education for immigrants Citizen service regarding taxation and collection in cooperation with state tax centres Supplies and emergency preparedness Nature, environment and planning: E.g. specific authority and citizenrelated tasks,

preparation of local plans and plans regarding waste water, waste and water supply Local business service and promotion of tourism Participation in regional transport companies The local road network Libraries, schools of music, local sports facilities and culture

Five New Regions

The regions will be responsible for the hospitals, including health care services.Furthermore, the regions will have a few other tasks in the field of regionaldevelopment, environment and public transport.

The regions will not have the right to impose taxes, and the activities of the regionsare to be paid by subsidies from the municipalities and the state.

Responsibilities of the Regions after 1 January 2007: Hospital service, including hospitals. psychiatry and health insurance as well as general

practitioners and specialists Regional development, i.e. nature, environment, business, tourism, employment,

education and culture as well as development in the fringe areas of the regions and in

the rural districts. Secretarial service for the regional growth fora. Soil pollution Raw material mapping and planning Operation of a number of institutions for exposed groups and groups with special needs

for social services and special education Establishment of transport companies throughout Denmark


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Financial aspects

The biggest part of the international co-operation is financed from the local budget.Co-ordination mechanisms

- The central state is responsible for the international action of local government.

- The central government supervises the international action of local government.

FINLAND

Population: 5.231.372 (2006)



Official Development Aid (OECD 2005): 897 USD million

Municipalities 432kunnat / kommuner

Districts 74 Finnish

seutukunta, Swedishekonomisk region

Provinces 20

Finnish maakunta,Swedish landskapRegions 6 Finnishlni, Swedish ln

Information supplied by the Association of Finnish Local and Regional Authoritiesspecial thanks to Heikki Telakivi and Eeva Rautiainen.

National framework for local government action

Applicable lawa) Constitution of Finland of June 11 th 1999

Art. 121 Municipal and other regional self-government(1) Finland is divided into municipalities, whose administration shall be based on the self-


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Ratification of the European Charter of Local Self-Government

Signature 14/6/1990 Ratification 3/6/1991 Entry into force 1/10/1991Local framework for local government international action

Applicable law

a) Section 2 of the Local Government Act (see above) has been interpreted to providethat local authorities are meant to operate primarily in their own area, but that localinterests may also be served by extra-territorial and international cooperation. Thisinterest demand activities outside the territorial boundaries of the local authority andthe country.

b) The right of local authorities to international cooperation is recognised in the(Council of Europe) European Charter of Local Self - Government, ratified by Finland.According to it local authorities are entitled, under such conditions as may be providedfor by the law, to co-operate with their counterparts in other States (Article 10).

Main limitations of the law

The law does not establish any particular geographical or financial limitations.

Main limits can be found in the interpretation of the Local Government Act: Activitiesmust be in the interests of local residents, and private actors are not allowed tosupport without good reason and the input must be reasonable in relation to theobjectives to be attained.

The law does not specify any kind of limits regarding specific percentage of localbudgets to assign to international co-operation, neither suggest specific type of agreements.

Although there are no suggestions or restrictions on the right of local authorities tocontract internationally, they generally must be approved by the local governmentrepresentative bodies such as the city council or city government.

Dispute settlement is frequently incorporated into the agreement signed by thepartners.

The agreements often prescribe that the donor country's law and jurisdiction willappl


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- Within the framework of the North-South Local Authority Co-operation programmecoordinated by the Association of Finnish Local and Regional Authorities and

financed by the Finnish Ministry for Foreign Affairs; Finnish local government(cities/municipalities) can apply for funding for the implementation of co-operationwith a local government in sub-Saharan Africa. They can apply for an average of 100,000 euro per year for the implementation and a maximum of 20,000 euro forthe planning of co-operation.

- In the pilot programme 2002-2004, six co-operation projects have been financed.

- In the current programme (2005-2007) 10 projects are running, including 15Finnish local governments and their southern partners.

- These funds have been made possible almost 100% of this kind of co-operation.

For additional information see: http://www.kunnat.net/north-south

- The EU is also a source for international co-operation activities


- The national state does not control the decentralised co-operation.

- The control at local level is assured by internal and external auditing.

Local international co-operation policy making

Several individual local authorities, mainly bigger cities, have drawn up specificstrategies for their international co-operation and most local authorities have includeda chapter of their international co-operation in the general operation strategy for thecoming years or for a longer period.

These strategies define in general priority geographical areas for local authorities international cooperation supporting most often their general strategies (e.g.promotion of local economy and businesses)

Most often the plans include consultation or join formulation with third actors such asbusiness sectors important for the city, universities, etc.

Most often these strategies are more like statements of objectives to be achieves andvisions of the future than binding documents


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Most often the strategy documents only define the general objectives and measures tobe taken to achieve them. Financial resources for international co-operation are most

often included in the local budget.Co-ordination mechanisms

The National Commission for Decentralised Co-operation assure the co-ordination of the local government international development action.

It is composed, at equal parts, by representatives of the State and representatives of local governments.

The Commission surveys the action of local governments, organises training andseminars to improve its impact and co-ordinates action.

The Delegate for Local Government External Action (within the Ministry of ForeignAffairs), assure the Secretariat of the Commission.

FRANCE

Population: 60.876.136 (2006)

GDP per capita: 29.600 $ (2005)


Official Development Aid (OECD 2005): 10.059 USD millionLocal government estimated contribution to ODA (OECD2003): 39,5 USD million (0,4%)

Municipalities 36782 Communes

MetropolitanAreas 169

communautsdagglomration

et 14communauts

urbaines

Districts 342Arrondissements

Provinces 100Dpartements

Regions 26Rgions

Other 4039Cantons

Information supplied by the French Ministry of Foreign Affairs special thanks to


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Article 1 of the Constitution3 states that the organization of Republic is decentralizedFrance shall be an indivisible, secular, democratic and social Republic. It shall ensure the

equality of all citizens before the law, without distinction of origin, race or religion. It shallrespect all beliefs. It shall be organised on a decentralised basis.

Regions are recognised as territorial units (collectivits territoriales) (Art. 72)The territorial units of the Republic shall be the communes, the departments, the regions, thespecial-status areas and the overseas territories to which article 74 applies. Any otherterritorial unit shall be established by statute, in appropriate cases in place of one or moreunits provided for by this paragraph.

And the principle of financial autonomy is set in Art. 72-2Territorial units shall enjoy resources of which they may dispose freely on the conditionsdetermined by statute. They may receive all or part of the proceeds of taxes of all kinds. Theymay be authorised by statute to determine the basis of assessment and the rates, within thelimits set by such statutes. The tax revenue and other own resources of territorial units shall,for each category of territorial unit, represent a decisive share of their resources. Theconditions for the implementation of this rule shall be determined by institutional Act.Whenever powers are transferred between central government and the territorial units,resources equivalent to those which were devoted to the exercise of those powers shall betransferred also. Wherever the effect of powers newly created or extended is to increase theexpenditure to be borne by territorial units, resources determined by statute shall be allocated.

Overseas territories, Reunion, Martinique, Guadeloupe and French Guyana, have adifferent status and are governed by Article 74 of the Constitution.


Article 72 of the Constitutions recognise the principle of subsidiarityTerritorial units may take decisions in all matters that are within powers that can best beexercised at their level.


In August 2004, a law on local liberties and responsibilities was enacted. It allowedimportant transfers of competence from the central government to territorial units,clarifying the powers of different administrative levels.

This law ended the confusion between different levels of government regarding some


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The dpartements have essentially competence in health and social services, ruralcapital works, departmental roads, and the capital expenditure and running costs of

college.Ratification of the European Charter of Local Self - Government

Signature 15/10/1985 Ratification - 30 June 2006 Entry into force 1October 2006


Applicable law

There are three sources of law governing local authorities and devolution in France:the constitution, acts of parliament and regulations.

The principal sources are the 1958 Constitution 4 (Title XII, On territorial units) and theGeneral Code of Territorial Units (CGCT). More specifically, the CGCT contains thecorpus of law relating to the international action of French local authorities. Chapter Vof the legislative part of the CGCT is devoted to decentralised cooperation, showingFrance's commitment to favouring greater use of these development methods withlocal authorities in other countries, whether from the European Union or beyond.

The three tiers of local government (region, department and commune) and inter-communal bodies (public establishments for inter-communal cooperation EPCI which can assume various forms according to requirements) can take part ininternational actions. Article L. 1115-1 of the CGCT states that "territorial units andtheir groupings may conclude agreements with foreign territorial units and theirgroupings, within the limits of their powers and in compliance with France'sinternational commitments. Such agreements shall take effect after they have beentransmitted to the representative of the State under the conditions set forth at ArticlesL. 2131-1 and L. 2131-2. The provisions of Article L. 2131-6 shall apply to such

agreements." This legal framework therefore gives territorial units relative freedom inlocal matters to enter into contracts with foreign territorial units. Most of the relevantlaw was contained in a constitutional bylaw, Act 2004-758 of 29 July 2004.

Source / date of publication

h l d l d d l l f d


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The primary restriction with regard to decentralised cooperation in France is that alocal authority may not enter into a contract with a foreign state. The unitary natureof the French state and its legal tradition prohibit this type of association, formallystated in Article L. 1115-5 of the General Code of Territorial Units. 5

The city of Paris is covered by a specific set of rules, contained in Article L. 2515-11, 6which enable it to act in the field of decentralised cooperation. The overseasdepartments and regions, having special status and hence more powers, can alsoprovide development assistance through decentralised cooperation.

Article L. 1722-1 of the CGCT specifies that the decentralised cooperation systemapplies to Mayotte. Articles L. 3551-15 to L. 3551-23 of the CGCT give Mayotte moreextensive powers with regard to Indian Ocean territories.

Financial restrictions imposed by the law

Under Article L. 1115-1-1 of the CGCT, communes may not devote more than 1% of the resources allocated to their water and sewage budgets to decentralisedcooperation. The restriction applies to all French local government authorities.Legislation should be envisaged in the near future to set these rules in a generalframework.

Ceiling on the amount allocated to international cooperation in local budgets

The amounts allocated to decentralised cooperation may be drawn from the relevantlines of local authority budgets and adjusted within the 1% limit set forth at Article L.1115-1-1 of the CGCT. 7

What percentage of the local budget may be allocated to direct or indirectcooperation?

1% of the resources allocated to local authority water and sewage budgets may beallocated to direct decentralised cooperation with one or more foreign local authoritiesor to indirect cooperation through organisations specialising in such actions, in eithercase in water- or sewage-related areas.

Does the law provide for model international cooperation agreements?

The law does not provide for model international cooperation agreements. The normalrules for local authority contracts and agreements apply; they are contained in Articles


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L. 2131-1 to 2131-13 of the CGCT. French local authorities incur liability when theyenter into contracts. Decentralised cooperation contracts are governed by the legalrules applicable to local authority contracts and agreements.

Does the law provide for a specific dispute procedure in the event of a disputebetween contracting parties in international cooperation?

French lawmakers have established an institution to centralise information andmonitor developments with a view to improving the decentralised cooperation systemin France. The National Commission for Decentralised Cooperation was created byArticle L. 1115-68 of the CGCT, supplemented by Article R. 1115-8. 9 Its Secretariat,the Delegation for the Action of Local Authorities, 10 can help to mediate betweencontracting parties in decentralised cooperation, for example by explaining existingcases to them and proposing ways of resolving the crisis.

If a dispute arises, the normal law governing administrative disputes applies.

What remedy is available in the event of a dispute, and before which jurisdiction?

In France, the administrative courts have jurisdiction 11 over disputes involving localauthorities. 12 Dispute procedures are governed by administrative law. Legal actionmay be taken, for example, on the grounds of abuse of authority. France has verycomprehensive procedures for settling administrative disputes, so the type of disputethat decentralised cooperation could engender should not pose any particularproblem.

What aspects of the law could be improved?

Generally speaking, the French system and legal framework for decentralisedcooperation allow local authorities to act autonomously and encourage closer linksbetween territorial units and hence development.

Areas which could be improved in the future relate more to expansion of the powerstransferred to French local authorities so that they can extend the scope of theiraction within the framework of decentralised cooperation. Financial aspects also needsome adjustment in order to encourage an increase in the amount of money allocatedto decentralised cooperation. Lastly, it would perhaps be a good thing for French local

8 "A national commission for decentralised cooperation is created It shall establish and keep


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authorities to be more open to all parts of the world where it is possible to concludepartnerships with local authorities.

Financial aspects

Applicable law for the allocation and management of grants/subsidies forinitiatives in favour of international co-operation

Apart from direct subsidies to territorial units, now generally granted in the form of calls for projects, French law provides for the management of decentralisedcooperation actions to be delegated to organisations legally independent of the localauthorities concerned. Of course, funds are transferred at the same time.

The source of law is Article L. 1115-4 of the CGCT, which defines the terms andconditions for delegation and provides for both legal and financial controls 13 applicableto French local authorities participating in this type of decentralised cooperation actionand to third-party organisations that manage them.

Source/Date of publication

Following the 2003 revision of the constitution relating to devolution, the GeneralCode of Territorial Units was amended and supplemented by a constitutional bylaw,Act 2004-758 of 29 July 2004, published in the Official Journal of 30 July 2004. Theterms and conditions of and responsibilities for assigning and delegating managementof decentralised cooperation to a third-party organisation 14 are governed morespecifically by Act 2004-809 of 13 August 2004, published in the Official Journal of 17August 2004 and effective since 1 January 2005, which supplements Article L. 1115-4of the CGCT. Decentralised cooperation was one of the priorities of the movement tostrengthen devolution begun in 2003.

Geographical restrictions imposed by the law

13 "In the context of cross-border cooperation, territorial units and their groupings may, withinthe limits of their powers and in compliance with France's international commitments, becomea member of a foreign-law public body or take an equity interest in a foreign-law legal entity of which at least one territorial unit or grouping of territorial units of a neighbouring Europeanstate or a Member State of the European Union is a member or in which it has an equityinterest. Such membership or equity interest shall be authorised by an order of the regionalprefect Such membership or equity interest shall be the subject of an agreement concluded


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There are no geographical restrictions in French law on local authorities' participationin decentralised cooperation actions through public or private organisations. Frenchlocal authorities are free to do as they wish in this regard. Any geographicalrestrictions would have a paralysing effect.

Financial restrictions imposed by the law

The General Code of Territorial Units establishes a specific set of financial rules fordecentralised cooperation activities via French or foreign-law public or privateorganisations. The rules concern clauses that must be included in contracts enteredinto with such organisations. By law, contracts must state the duration, conditions,financial terms and conditions of control of membership or equity interest. Likewise,the equity interest in or share of the expenses of any one foreign-law legal entity maynot exceed 50% of its equity capital or expenses.

Can EU stakeholders benefit from these subsidies/grants?

The question whether local authorities of EU Member States can benefit from fundsallocated to decentralised cooperation by French local authorities is addressed byArticle L. 1115-2 of the CGCT, which states that "public interest groupings may becreated to implement and jointly manage, for a given time, all actions required byinterregional and cross-border cooperation projects and programmes involving localauthorities belonging to Member States of the European Union. Local authoritiesbelonging to Member States of the European Union may participate in the publicinterest groupings referred to in the preceding indent." This shows that localauthorities within the European Union can participate in (and benefit from)

decentralised cooperation. French local authorities may also team up with localauthorities from a Member State of the European Union to develop a decentralisedcooperation partnership with a third-country local authority. These are cases of cross-border cooperation.

Can players outside the European Union benefit from these subsidies?

Contracting parties from outside the European Union can benefit from French local

authorities' decentralised cooperation actions under the same conditions. The sameapplies to financial aspects.


The National Commission for Decentralised Co-operation assure the co-ordination of


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GERMANY

Population: 82.422.299 (2006)GDP per capita: 30.100 $ (2005)




Municipalities13.176

Gemeinden

Metropolitanareas 116

Stadtkreis orKreisfreie Stadt

Districts 439 Kreis Regions 16LnderOther 323Landkreise

Information collected with the help of Nina Ouan, Inwent; Christiane Thoemmes,Munich City Council and Ursula Hoyer, Frankfurt City Council.

Local government general framework for action

Applicable law

Germany is a federal state. The Constitution of 1949 (called Basic Law) establishes aclear division of competencies between the federal state and the Lnder (states).


Yes, Article 28 of the Grundgesetz (Basic Law)

Article 28 (Federal guarantee concerning Lnder constitutions, guarantee of Self -Government for local authorities)

(2) The communities must be guaranteed the right to regulate on their own responsibility allthe affairs of the local community within the limits set by law .


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Exclusive legislative power, catalogue (amended 2006)

Article 73 [Subjects of exclusive legislative power]*The Federation shall have exclusive power to legislate with respect toforeign affairs and defence // citizenship // freedom of movement, passports, immigration,emigration, and extradition// currency, money, and coinage, weights and measures, and thedetermination of standards of time// the unity of the customs and trading area, treatiesrespecting commerce and navigation, the free movement of goods, and the exchange of goods and payments with foreign countries, including customs and border protection//Safeguard of national cultural treasures against being taken away into foreign countries// airtransport // federal railways// postal and telecommunication services// legal relations of

persons employed by the Federation and by federal corporations under public law// industrialproperty rights // cooperation between the Federation and the Lnder concerning (a) criminalpolice work,(b) protection of the free democratic basic order, existence, and security of theFederation or of a Land (protection of the constitution), and (c) protection against activitieswithin the federal territory which, by the use of force or preparations for the use of force,endanger the external interests of the Federal Republic of Germany, as well as theestablishment of a Federal Criminal Police Office and international action to combat crime //statistics for federal purposes.

Concurrent legislative power of the Federation

Article 72 [Concurrent legislative power of the Federation: definition](1) On matters within the concurrent legislative power, the Lnder shall have power tolegislate so long as and to the extent that the Federation has not exercised its legislativepower by enacting a law. (2) The Federation shall have the right to legislate on these mattersif and to the extent that the establishment of equal living conditions throughout the federalterritory or the maintenance of legal or economic unity renders federal regulation necessary in

the national interest. (3) A federal law may provide that federal legislation that is no longernecessary within the meaning of paragraph (2) of this Article may be superseded by Land law.

Concurrent legislation, catalogue (Article 74)

Article 74 [Subjects of concurrent legislation]*

(1) Concurrent legislative powers shallextend to the following subjects: 1. civillaw, criminal law, and corrections, courtorganization and procedure, the legalprofession, notaries, and the provision of legal advice; 2.registration of births,deaths, and marriages;3.the law of association and assembly;4 the law

for peaceful purposes, the construction andoperation of facilities serving such

purposes, protection against hazardsarising from the release of nuclear energyor from ionizing radiation, and the disposalof radioactive substances;12.labor law,including the organization of enterprises,occupational safety and health, and


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agricultural and forestry products, deep-seaand coastal fishing, and preservation of thecoasts; 18. real estate transactions, landlaw (except for laws respectingdevelopment fees), and matters concerningagricultural leases, as well as housing,settlement, and homestead matters; 19.measures to combat dangerous andcommunicable human and animal diseases,admission to the medical profession and toancillary professions or occupations, as wellas trade in medicines, drugs, narcotics, andpoisons; 19.the economic viability of hospitals and the regulation of hospitalcharges; 20. protective measures inconnection with the marketing of food,drink, and tobacco, essential commodities,feedstuffs, agricultural and forest seeds andseedlings, and protection of plants against

disease and pests, as well as the protectionof animals; 21. maritime and coastalshipping, as well as navigational aids,inland navigation, meteorological services,sea routes, and inland waterways used forgeneral traffic;22. road traffic, motortransport, construction and maintenance of long-distance highways, as well as thecollection of tolls for the use of publichighways by vehicles and the allocation of the revenue;23. non-federal railways,except mountain railways;24. wastedisposal, air pollution control, and noiseabatement;25.state liability;26. humanartificial insemination, analysis andmodification of genetic information, as wellas the regulation of organ and tissuetransplantation.

Laws adopted pursuant to clause 25 of paragraph (1) of this Articleshall require the consent of the Bundesrat.




Applicable law

In Germany no specific law concerning local government international co-operationexists.

Many cities and municipalities made development co-operation become a substantialpart of local life. Neither the Basic Law (Grundgesetz) nor the constitutions of thefederated states (Lnder) build the legal base for the initiation of internationalrelations. Only the Article 28 2 can be considered as authorisation, because of theimplanted guaranty of self-government. But exist some premises apply participants of the municipalities.

Th kf 3 l l ff i f h Mi i f h I i d fi d h i i


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On October the 28th 1988 they declared: "The Lnder welcome and support thededication of NGOs and churches in the development cooperation as well as theactivities of municipalities"

The importance of local development cooperation was highlighted on December the1st 1994. The background was a consequence inflienced for the recognition of localactors role in development at the Rio 1992 UN Conference, where the Agenda 21 wasadopted. The resolution expected a necessary process of change in which not only thepartners in the south should take part in but the German population, too.

Legal status of city partnerships

Local government is not specifically authorised by national or Lnder law to entertaininternational relationships.

There are big differences in formal and legal status of the partnerships. It starts withtime-limited projects and ends with official long-term city-partnerships. Also theformality variegates from detailed contracts to oral arrangements.

The formal composition of the cooperation between municipalities frequently dependson traditions, historical links and the type countries.

The issue is regulated by specific city council decisions approved by the local assemblythat receive different names such as "Magistratbeshlsse","Stadtratsbeschluss or others, depending on the Lander.

Therefore, local governments have total autonomy to regulate their own internationalco-operation policies and programmes.

Local government base its action on article 28.2 of the Constitution (generalcompetence).

Lnder can establish international agreements with foreign states or regions. Thefederal government must approve this kind of agreements.

Financial aspects

- Local government has the autonomy to regulate its internationalco-operation policy, but the city budget has to be approved by theregional authority and decisions must keep within the strictest limits set by law.


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- There is a conference for co-ordination of the international co-operation at Lnderlevel.

IRELAND

Population: 4.062.235 (2006)

GDP per capita (2005): 41.100

Human Development Index: 0,956 (position: 4 over 177countries)

Official Development Aid (OECD 2005): 692 USD million

Municipalities 5Borough Councilsand 75 TownCouncils

Metropolitanareas 5 citycouncils

Districts 29 countycouncils / contae 4 provinces 10 Regions

Information supplied by the Dublin City Council, special thanks to Councillor Mary Freehill.

Local government in Ireland consists of a number of local and regional authorities atthree levels. 15

There are:

- at county/city level: 29 County Councils, 5 City Councils, 5 Borough Councilsand 75 Town Councils

- at regional level: eight Regional Authorities: co-ordinate some of thecounty/city and sub-county activities; they play a monitoring role in relation tothe use of EU structural funds;

- two regional authorities, known as Regional Assemblies: were established inJuly 1999 under new structures for regionalisation. They promote co-ordinationof the provision of public services in their areas, manage new regionaloperational programmes in the next Community Support Framework and


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ITALY

Population: 58,133.509 (2006)





Municipalities 8101 Comuni Provinces 109 Provincie Regions 20 Regioni

Information provided by the Italian Association of Municipalities (ANCI) and the TurinCity Council, special thanks to Simonetta Paganini and Maria Bottiglieri respectively.


Applicable law

The Italian Constitution of 1948, -as amended by the constitutional law of 18 ottobre2001, n3 which has modified the Title V concerning the Local Governments - in thearticle 114 states that the Republic is constituted by Municipalities, Provinces,Metropolitan Cities, Regions and State; these are autonomous entities which havetheir own statutes, powers and functions inside the constitutional framework.


Yes, art. 5 of the Constitution

The Republic, one and indivisible, recognises and promotes local autonomies, and implementsh f ll f d d l h h h d d h


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Particularly, concerning the matter of this questionnaire, the State has exclusivelegislative competence in foreign policy which includes international co-operation,and international relations of the State, meanwhile State and Regions haveconcurrent/common legislative competence regarding the UE/ international relationsof Italians Regions and foreign trade.Moreover the State has exclusive competence for electoral legislation, governmentsorgans and fundamental functions of Municipalities, Provinces and Metropolitan Cities.

The article 118 states that the administrative functions are assigned toMunicipalities excepted for those assigned to Provinces, Metropolitans Cities, Regionsand State on the ground of subsidiarity, differentiation and convenience principles, tosecure unitary action. The Municipalities, Provinces and Metropolitan Cities have theirown administrative functions and that transferred by the Regions and the State.

Finally the article 119 states that Municipalities, Provinces, Metropolitan Cities, andRegions have financial autonomy and their own resources/revenue.


- National law that regulates the local government competencies: Testo Unico delleleggi sullordinamento degli Enti Locali- TUEL.

Following the constitutional reform of Titolo V Comuni,Province, Citt Metropolitane,Regioni e Stato (legge costituzionale del 18 ottobre 2001, n3) a process of revisionof this Law is still on going as ruled by the Law 5-6- 2003 n131

- Source / Publication date: Decreto legislativo 18 agosto 2000 N.267

- What are the exclusive competencies of local government under this law?

Generally all the competencies concerning municipal population and territory are upto the Municipality, all local public services.All the administrative functions are assigned to Municipalities excepted for thoseassigned to Provinces, Metropolitans Cities, Regions and State to secure unitaryaction (art. 4 TUEL).

- What are the concurrent competencies of local government under this law?

Environment, registration of land and building property, territorial planning, social-economic programming, tourism, culture, education, health; generally the attribution

f i i l d b h b idi i i i l id i l h


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Yes, the art. 4, paragraph 3 and the art. 13 TUEL state that all the administrativefunctions concerning municipal population and territory are up to the Municipality

What are the main limits to local autonomy arising from the application of this law?The fact that the process of revision of this law is not yet defined after theconstitutional reform of 2001. At this moment the new constitutional framework

Name any regional law regulating the competencies for local government.

There are 20 Regions and 2 Autonomous Provinces (Trento and Bolzano) in Italy.Everyone has its own laws to transfer competencies at the provincial and municipallevel

What are the main limits to local autonomy?Actually the financial autonomy is limited considered the transfer of competenciesrealized in the local government reform process. This process should be completedwith a real fiscal federalism.



Many Municipalities refer in their Statutes to the Charter


Italian local government are expresely authorise to undertake international co-operation.It is worthy to note that between 1987 and today the important process of localgovernment reform that brought to the constitutional reform of 2001 have influencedin a relevant manner the role of local authorities in international activities.

Regions have concurrent legislative competence with the State in theirinternational/UE relations and have produced regional laws on these matters, (17Regions and 2 Autonomous Provinces have their own laws over the total of 22).So now local authorities have a legal framework composed of 4 different levels:international, of the European Union, national and regional.

Applicable law


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Lines have been produced by the DGCS in accordance with Local Authoritiesassociations.

Meanwhile Italy has ratified the European Charter of local autonomy declaring toconsider itself bound to respect the Charter in its integrality; the article 10 providesthe right of Local Authority to international co-operation.

Finally decentralized co-operation is ruled by the EU Regulation n1659 of 17/7/98 asamended in the 31 march 2004.

Thematic restrictions imposed by the law or regulation

The Law 49/87 and the Guide Lines of 1989/2000 define specifics sectors for thecontribution of Regions and Local Authorities to development co-operation.

Activities in Italy:

- training and information concerning the promotion of a culture of solidarity andco-operation for the development,

- training for Italian persons involved in co-operation activities, for persons fromPVS (training of trainers), for persons immigrated from PVS in Italy to promotetheir active involvement in co-operation activities and their voluntary repatriation;these activities can include cultural exchanges and youth exchanges to promotereciprocal knowledge;

- collaboration with the ONG in their co-operation activities, support to them andactive involvement of the local community; in this view twinning between localAuthorities are considered a good platform to build co-operation initiatives;

- information, co-ordination and organization concerning the local co-operationactivities in order to facilitate collaboration with the government.

Promotion, co-ordination and implementation of co-operation projects: Theparticipation of Local Authorities in co-operations projects is considered important inthe matters in which, for their specific competence, they have a consolidateexperience and the capacity to involve economic, scientific and cultural local subjectsas well as voluntary organizations.

Multisectorial integrated projects, particularly focused to economic and occupationalgrowth and institutional building projects to promote the process of decentralization,h h i f l l h i i d h b d i i l i


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(national Association of Provinces) to foresee a global amount for co-operationinitiative to be realized also by their associated.

Does the law / regulation establish any mechanism for the settlement of disputesbetween the local government and the grant beneficiary in an internationaldevelopment initiative? NO

Does the law / regulation refer to the appropriate jurisdiction and the applicablelaw in case of controversy? NO

Financial aspects

Financial limitation imposed by the law or regulation

No financial indication is established by the Law 49/87, but financial limitation hasbeen introduced in 1993 by the Law n68 and is now provided by the TUEL art. 272:Municipalities and Provinces can utilize for their co-operation activities an amount notexceeding the 0,80 % of the first three items of the provisional budget, these are:

tributary incomes, incomes coming from State, Regions and other public bodies andextra tributary incomes, i.e. incomes coming from assignement/delivery of localservices

Applicable law for the allocation and management of grants for initiatives in favourof international co-operation

Nuova disciplina della cooperazione dellItalia con i Paesi in via di sviluppo

Can EU stakeholders benefit from these subsidies? No

Can stakeholders outside the EU apply for this grants? Yes

Please describe what are the main constraints of this law / regulation

The procedures established for the assignment of the grants are too long and heavy

Please name what aspects of the law could be improved

The Law 49/87 is no more suitable to allow an efficient co-ordination between theaction of Regions and local authorities and that of the government.


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power of the State being part of the foreign policy of the State and not of theinternational relations of the Regions. Nevertheless this issue is not considereddefined and is part of the discussion concerning the reform of the national law rulingthis matter in the framework of the larger discussion concerning the decentralizationprocess.

NORWAY

Population: 4.610.810 (2006)

GDP per capita: 42.800 (2005)

Human Development Index: 0,965 (position: 1 over 177countries)


Municipalities: 435 kommunerProvinces: 19 fylker + 6 hospital administrative regions

Information supplied by the Norwegian Association of Local and Regional Authorities,special thanks to May Endresen and Liss Schanke.


Applicable law

The Norwegian Constitution of 1814 males no reference to local governments exceptby reference to the electoral system.

The applicable law is the Municipal Administration Act of 1992 (September 25 th,number 107) (Kommuneloven)


Not recognised either by the constitution or the Municipal Act.


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There is no general act regulating the division of competencies between the State,the county municipality and the municipality. The Storting (National Parliament) andthe Government regulate the tasks that are delegated to the various levels. This ispartly accomplished through direct regulation by specific laws, and partly by indirectregulation through the management of the basic economic conditions that play adecisive role in determining the tasks that are to be dealt with. In June 1998 theNorwegian Government appointed a committee to consider the sharing of tasks andresponsibilities between the three levels of government: national, county (theregional non legislative level) and municipalities. The debate is still going on.

Outsourcing of competencies though PPPs

Local Government authorities themselves take all decisions regarding rights andduties for the inhabitants. The practical implementation of these rights and dutiesmay be outsourced.

Other sources of law

a) Executive orders, an example

- National executive orders may give or limit the power of local government as faras it is based on an act of Parliament.

- They may mandate cooperation between municipalities in Environment,Transportation, Housing, Waste management and International cooperation.

b) Courts decisions, an example

Courts decisions have empowered local government regarding the right of localgovernment to negotiate with organisations of primary school teachers.




Applicable law

The 1992 Municipal Administration Act indirectly authorises the local government toundertake international co operation since it is not specifically forbidden by law


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SERBIA

Population: 9,396,411 (2002)

GDP per capita: 4.000 (2005)

Number of municipalities: 6155

Information supplied by UNDP Serbia, special thanks to Tomislav Novovic.

LOCAL GOVERNANCE REFORM PROCESS IN S ERBIA

After the democratic changes in the year 2000, the new government of the Republic of Serbia has initiated a rapid process of changes, giving the priority to macroeconomicstabilisation. With the macroeconomic policies in place, the first phase of the structuralreforms covered privatisation, institutional reforms, banking sector reforms, social policyreforms, etc. Some of the reforms in this first phase were advancing in some areas but inother to a lesser extent. However, by 2007 it is expected that further policy and practicechanges will be implemented due to the ongoing reforms focusing on economic stability,growth and development. Simultaneously the institution building is expected to come toan end. As of 2007 onwards the reforms should be completed concentrating onfinalisation of the structural reforms, institution building and control mechanisms relatedto the implementation of legal frameworks. .

One of the areas still lagging behind is public administration and the thorough reforms inthis particular sector. Before 2000 the Republic of Serbia had no ministry or any otherauthority for local government; the greater portion of local governments affairs wasunder the jurisdiction of the central government as the managing authority. Theorganisation and structure of the municipal administration, work methodology,professional capacities, work conditions and equipment were poor and obsolete; the old-fashioned/outdated service delivery is completely in discord with the principles of subsidiarity and demands of modern, decentralised, citizen-oriented governance.

The full pace of decentralisation processes in the Republic of Serbia is still not takingplace, though some activities have been initiated. Implementation of a new legalframework for decentralization was initiated by adoption of several systemic laws: a newLaw on Local Government was adopted in the beginning of the year 2002 with some


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The national association of local governments, Standing Conference of Towns andMunicipalities has been advocating and lobbying for changes in the system of financing of municipal units and for adoption of a new Law on local finances. The Ministry of Finance,with some addendums and changes, proposed this Law for official adoption; the Law wasadopted by the Parliament of the Republic of Serbia; implementation of the new Law onlocal finances will start from January 2007. This will enable municipalities to have morepredictable, sustainable financial resources.

In 2004 a Strategy for Public Administration Reform was adopted and the Ministry forPublic Administration and Local Self-Government (MPALSG- set up in 2003) has finalisedan action plan for development of local governance in Serbia. Evan though the adoptionof this plan was expected to become a factor of cohesion and harmonisation for allongoing programmes at the local level (initiatives of the Standing Conference of Townsand Municipalities (SCTM), other local institutions and organisations or individual effortsof some local governments towards development and growth), due to total absence of interest and action from the side of the Ministry, the overall programme is unlikely tosucceed. At the same time, the EU accession processes and potential funding for the locallevel programmes can immensely contribute to progressing of local communities.

As best practices and positive experience of some of the European countries showsassociation of local governments usually play central role in the area of professionaldevelopment of local government employees, as they are best positioned to respond tothe needs of local governments. The added value of the system where is approach As aresult although training systems vary from country to country depending on the specificcontext, the tendency towards the decentralized - market based training system at alocal level, with Associations playing major role in defining training policy and articulatingthe needs of local governments is clear.

R EFORM OF LOCAL ADMINISTRATION IN S ERBIA

The Law on Local Self Government in the Article 10 defines a municipal statute asprincipal act of law of the local self-government unit 17. Articles from 48 until 62 provideguidelines for organization of municipal administration (operational, functional andorganizational framework) but more detailed account is presented in the statutes.However, practical experience shows a huge diversity in quality and fullness of themunicipal statutes.

This problem has been identified and tackled in the national strategies and policies.Namely, the main objectives Serbia wishes to achieve through the public administration

f h f d b d h l f l b l


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- principle of decentralization;

- principle of depolitization;

- principle of professionalization;

- principle of rationalization;

- principle of modernization

The main goal of this output is to support decentralization process in Serbia through

implementation of activities envisaged in the Action plan for Implementation of PublicAdministration Reform in the period 2004-2008; namely the focus will be on Keyactivity 1 Analysis of functioning of local Governments organs in light of the Law onLocal Self-Government and the Key activity 5 Strengthening of local organscapacities to assume new functions; employees training; changes in organizationaland management frameworks; technical and technological equipment 18

Through the process of capacity development for decentralization in Serbia, support

will be provided to institutional and organizational development of good localgovernance in Serbia in line with the main principles of the PAR.

TERRITORIAL ORGANIZATION OF THE REPUBLIC OF S ERBIA

Regional policy that should encourage inter-municipal cooperation on national andinternational level is one of the highest priorities for the Republic of Serbia. However,at the moment, there are no individual regional policy instruments or institutions

responsible for regional development (including cross-border/ international regionaldevelopment and cooperation)-

The territorial order of the Republic of Serbia is regulated by the Law on TerritorialOrganization and Local Self-Government, adopted in the National Assembly on July24, 1991. Under the Law, the municipalities, cities and settlements make the bases of the territorial organization. By its Enactment of 29 January 1992, the Government of the Republic of Serbia defined the state administration affairs that shall be run by the

competent Ministries out of their seats, within the districts as regional centers of stateauthority. The Republic of Serbia is divided into 29 districts. Districts in Serbia inreality dont have any executive power; furthermore, their role is completelydiminished.

Current socio-economic disparities and territorial organization (relative fragmentation)


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reporting requirements. Additionally, the delegation of responsibility/mandate amonginstitutions in the planning process is unclear.

There is a lack of guidance and legal framework on possible institutional arrangementsfor inter-municipal cooperation and knowledge of legal procedures, especially for the joint provision of public services. The only legal possibility for municipal cooperation isvaguely provided by the Law on Local Self Government (Article 115: Local self-government units, their bodies and services as well as enterprises, institutions andother organizations founded by the local self-government units, shall co-operate withother local self-government units and their bodies and services in the fields of mutualinterest.

Local self-government units may, within the fields of mutual interest, co-operate withthe respective local self-government units and their bodies in other countries, as wellas with international local self-government associations in accordance with theConstitution and the law).

Lastly, EU pre-accession instruments and structural funds are designed around aregional approach to socio-economic development. EU assistance should reduce but

not increase differences in development of Serbian regions. However, fullresponsibility lies with Serbia the country itself must ensure uniform development of all municipalities and regions through the nationwide regional development policy.Regional differences should be taken into account in the allocation of the state supportthrough different financial incentives and in the future EU pre-accession/ structuralfunds assistance in Serbia.


Applicable law

Law on Local Self Government, adopted by the Government of the Republic of Serbiain March 2002, National Gazette.


Yes, in the Constitution, First chapter Article 12, Seventh Chapter, Article 176(Territorial organization of Serbia), Seventh Chapter, Articles 188- 193


No


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- regulate and organize protection against the elements and other disasters,protection against fire and create conditions for the purpose of eliminating and/oralleviating the effects thereof;

- prepare the basic guidelines for protection, utilization and development of agricultural land, and provide for the enforcement thereof, define the areasaffected by erosion, regulate the utilization of pasture land, and decide on theirconversion into different agricultural purpose;

- regulate and define the manner of utilizing and managing springs, public wells andfountains, define water-supply conditions, issue water-supply approvals and

permits for the facilities of local significance;- provide adequate conditions for the purpose of preserving, utilizing and improving

the areas with natural curative properties;

- encourage and attend to the development of tourism within its territory anddetermine the amount of the sojourn fee;

- ensure the development and improvement in hotel and restaurants services,handicrafts and trade, regulate the working hours and location for the performanceof such activities and provide other conditions for their functioning;

- use state-owned property, with due diligence in preserving and expanding thereof;

- regulate and organize activities related to the breeding and protection of domesticand exotic animals;

- organize activities related to the legal protection of rights and interests of theMunicipality;

- establish bodies, organizations and services to meet the needs of the Municipality,and regulate their organization and operation;

- encourage and support the development of cooperatives;

- organize, as needed, legal assistance services for citizens;

- ensure the protection and exercising of personal and collective rights of minoritiesand ethnic groups;

- specify the languages and alphabet of minorities to be officially used on theterritory of the municipality;


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- engage in other activities of direct interest to the local population in accordancewith the Constitution, law, and the Statute.

Local government responsibilities1. Transport infrastructure 2. Primary education 3. Primary health

4. Water / Energy / Gas 5. Sewage collection andtreatment

6. Waste collection, wasterecycling

7. Urban planning 8. Housing 9. Environmental planningand management

10. Local economicdevelopment

11. Tourism 12. Culture

13. Agriculture, fishing

Shared responsibilities

1. Social services (establish organization and institutions but services are still on thecentral level)

2. Local commercial licensing / Local commerce regulation

3. Industry and energy


Applicable law

The Law on Local Self Government, Official Gazete of the Republic of Serbia,Government of Serbia, 2002 // Zakon o lokalnoh samoupravi, Sluzbeni glasnikRepublike Srbije, Vlada Republike Srbija, 2002

Article 115, paragraph 2 and 4

Local self-government units may, within the fields of mutual interest, co-operate with therespective local self-government units and their bodies in other countries, as well as withinternational local self-government associations in accordance with the Constitution and thel


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Does the law / regulation fixes a maximum or minimum percentage of the localbudget that can be assigned to international co-operation?NO

Does the law / regulation assign a specific percentage of the local budget to direct / indirect co-operation? NO

Does the law / regulation suggests specific contracts or agreements forinternational co-operation activities? NO

Does the law / regulation establishes any mechanism for the settlement of disputes between the local government and the grant beneficiary in aninternational development initiative? NO

Does the law / regulation refers to the appropriate jurisdiction and the applicablelaw in case of controversy? NO

Can stakeholders in other EU countries benefit from a local government grant?YES

Can foreign stakeholders outside the EU benefit from a local government grant?YES

SPAIN

Population: 40.397.842 (2006)

GDP per capita: 25.600 (2005)Human Development Index: 0,938 (position: 19 over 177countries)


Local + regional government estimated contribution to ODA(2004): 36%

Municipalities 8108 municipiosProvinces 50provincias

Regions 17 comunidadesautnomas y

Other 2 ciudadesautnomas


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Applicable law

The Constitution of 1978 recognises the principle of local autonomy as well as theprinciple of financial autonomy for local gov

Legal for City-To-city Europe

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