Democracy from the Fjords: Civic Participation And
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Policy Brief no. 47, April 2016 How many years does a country need to become inclusive, participative and open to its citizens? The answers may be difficult and very different from one case to another. Romania is still struggling to make its participative mechanisms functional, to open data or to develop a culture of active civic involvement. Recent years have shown that people can protest when their green space is at risk or if politicians abuse power and civic rights. Still, is it enough? Can we do more? DEMOCRACY FROM THE FJORDS: CIVIC PARTICIPATION AND TRANSPARENCY IN NORWAY. A PERSONAL EXPERIENCE Expert Forum undertook a study visit We searched for some answers of in April 2016 in Sogn og Fjordane our own, in a study tour in Norway, county and in Oslo, in order to find out a country that the public opinion more about public participation, sees as one of the most developed in freedom of access to information, the world. Norway rates good, elections and simple citizens. We met with the county governor of Sogn og together with other Nordic Fjordane, in Leikanger, with the mayor countries, in several rankings of Sogndal, ministries, non- regarding corruption, public governmental organisations and media integrity of the level of living. It is in Oslo1. The research includes ranked as the best democracy in the conclusion of the meetings with these world by the Democracy Index 1 The full list of meetings can be consulted Ranking. The World Bank rates the at the end of the paper. We thank all our country highly regarding the control interlocutors and the County Governor of of corruption and rule of law. What Sogn og Fjordane for the support for this visit. Special thanks go to Mr. Gunnar makes Norway a good example and Hæreid, Vice-Governor of Sogn og what can we learn from the Nordic Fjordane County experience? Policy Brief No. 47 public institutions, as well as analysis part of the money come from the of the Norwegian legislation. central government. Municipalities receive money taking The challenges of managing into consideration the geographical Norway position, number of inhabitants, the surface of the county, in a general With a length of 2,800 km and its transfer formula. Essentially, unlike in particular fragmented geography, Romania, the intergovernmental Norway is an inherently decentralized fiscal transfers are very country. It has 3 levels of transparently and objectively government: municipality, county and allocated; political interference in central government. Municipal and the allocation is limited to a county councils are directly elected by minimum3. the citizens and are the backbone of local government; the mayors are Municipalities cannot go bankrupt, but elected by the councillors. Norway is should they have a deficit, this needs divided regionally into 19 counties, to be balanced in the next 3 years or each governed by a Council. otherwise the municipality is placed on It has, overall, 428 municipalities with a “black list” and will suffer administrative restrictions on loans. an average population of 12,000. Still, There are rather few municipalities in there are many localities with much this situation and, interestingly, both smaller population; the smallest one smaller and larger communities; for is Utsira, with just 209 inhabitants. example, in Sogn og Fjordane, 5 out While this fragmentation follows the of 26. This indicates that fiscal geographical particularities of the responsibility depends critically on the country, there is an on-going reform , not only on to consolidate small municipalities by leadership’s accountability the municipality's own resources. voluntary, incentive-driven mergers into larger communities, to ensure that local governments can indeed provide local services in a financially sustainable manner and at acceptable levels of quality. Counties and municipalities get their money from income taxes and some local revenues such as building permits or fees for garbage and water supply. These latter revenues are earmarked – for example, municipalities cannot spend fees from building permits on anything but expenses connected to building Sogn og Fjordane region. Source: www.expertforum.ro www.expertforum.ro permits. Municipalities may impose www.commons.wikimedia.org/wiki/File:Norw property tax; in 2010, a number of ay_Counties_Sogn_og_Fjordane_Position.svg 340 out of 428 municipalities imposed property tax2. Moreover, the biggest /archive/00196/Local_Government_in_19 67 45a.pdf 3 See our study on public money and 2 2 Local Government in Norway, political clientelism here: www.bergen.kommune.no/bk/multimedia http://expertforum.ro/clientelism-2016/ Democracy from the fjords Norway is a country where the politics citizens. Therefore, the Governor can is based mostly on political parties. get involved more directly in the Very few independent candidates step decision making process if illegal up in the electoral competitions. At decisions are being taken. Our the same time, in Norway the political interlocutors stated that in most market is liberalized and there are cases, the Governors do not intervene virtually no barriers to setting up new on the political side of the decisions, parties. Also, there are very many but mostly on the administrative and local parties which run for elections at legal aspects; in general, such the local or regional level. interference is extremely limited and very well thought through and The central government is motivated, to avoid abuses against represented at the local level by the local autonomy. Mayors are not always County Governor (similar to the happy with this power that the Romanian Prefect, but with more Governor can put into practice, but powers). There are 17 county this is part of Norway’s checks and governors in Norway, appointed balances system. directly by the Government. Their role is to ensure that central governmental Although the county governors are decisions and guidelines are politically appointed, should the Norway Statistics, www.sbb.no implemented by the municipalities, governmental cabinet be replaced, the serving also as a regional county governor cannot be dismissed. ombudsman. Their mandate is for 6 years and can www.expertforum.ro be renewed once. Their areas of The governor is entitled to overturn responsibility are broad, from decisions of the local governments, agriculture and climate and either ex oficio or at the request of environment to supervision of local administrations, but mostly as a municipal primary and lower consequence of complaints filed by secondary education and civil 3 Policy Brief No. 47 protection and emergency access to public information is preparedness. The Governor also has free the role of encouragement and it is applicable for all support of local development, not just governmental agencies and monitoring. For example, it can help institutions, as well as state- municipalities to coordinate in owned companies. It also developing certain projects. applies to corporations that are 51% state owned, with the One of the most important tasks is to oversee that the freedom to exception of those listed on the information act (FOIA) is properly stock exchange or that function enforced. The county governor also on the competitive market. trains public officials on topics related There is an on-going discussion to government, including FOIA. to extend the applicability of the FOIA act also to private In Sogn og Fjordane are concentrated companies operating in fully most matters concerning e- regulated, natural monopoly government given that the region has areas, as well as for companies the human resources and a strong with state ownership below educational system focused on 51%, as local watchdogs technology. The Governor of Sogn og (particularly investigative Fjordane has also developed and is currently managing the registry of journalists) are constantly political party financing, for the entire challenging the limits of access country. The portal to public information. www.partifinansiering.no centralizes It covers all new forms of the incomes and expenses for all information (video, phone calls political parties in the country and can etc.) be viewed as a best practice. Such Requests need to be answered portal is very useful for electoral in 3 days maximum. Some authorities to put all political funding institutions deliver it in one day together and for citizens to see what There are documents that do money their representatives get and not fall under the jurisdiction of spend, in a reusable format4. FOIA, especially those related to economic competition, state Getting the right information secrets or security issues. Documents drawn up for an The transparency of the agency’s internal preparation of administration is regulated by FOIA, a case are also not available. law of public administration and the However, in this case, the local government act. The Freedom of citizens or journalists asking for Information Act5 states that: information on FOIA and not receiving the information on www.expertforum.ro www.expertforum.ro grounds of national security 4 More centralized, open data format can issues or other considerations be visualized on the website of Statistics have the option to complain to Norway, the Ombudsman. The https://www.ssb.no/en/valg?de=Funding Ombudsman has the right to +of+political+parties 5 receive all the information from the public institution and 4 https://lovdata.no/dokument/NL/lov/2006 -05-19-16 assesses whether the claims of Democracy from the fjords non-disclosure for security or these notes are not final state secrets considerations are decisions, but documents for justified (if not, the discussion; on the other hand, Ombudsman makes the journalists and activists for recommendation to the public transparentization argue that institution to release the such notes are essential to information). The Ombudsman, understand the process of a very credible institution in decision-making inside the Norway, also found it important government. Economic to clarify the approach to the contracts are also in the grey access to such sensitive area.