The New Forms of Territorial Organisation of the State in Europe

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European review on public administration - N°3 - june 2020 in Europe of theState organisation of territorial The newforms REAP European review onEuropean public review administration - p. 4 Pierre-Etienne BISCH INTERVIEW with

p. 52 PoliTIS of theresearch group PRESENTATION ERPA N°3 -June 2020

Table of contents

EUROPA ASSOCIATION Based in: Site des Jacobins - 88 rue du Pont Saint-Martial, 87000 Limoges Site Internet : www.europaong.org p. 4 EDITORIAL STAFF AND SUBSCRIPTION Tél. : +33 6 82 80 21 39 Interview with Courriel : [email protected] Pierre-Etienne BISCH, EDITOR : Hélène PAULIAT, President of EUROPA Regional Prefect (h), member of Conseil d’Etat in extraordinary RÉDACTION Editor-in-Chief: Christophe BONNOTTE, Secretary General duty of EUROPA; Caroline BOYER-CAPELLE, Deputy Secretary Secretary General of the European General of EUROPA Association of State Territorial Représentatives (AERTE)

Editorial Secretariat and Reading Committee: Michel

SENIMON, EUROPA Delegate General; Christophe BONNOTTE, EUROPA Secretary General; Caroline BOYER- ERPA CAPELLE, EUROPA Deputy Secretary General REAP

Contributor to this issue: European review on public administration - N°3 - June 2020 Germany: Margot BONNAFOUS, Training Manager, The new forms Euro-Institut Kehl • Clarisse KAUBER, Head of Studies, Euro- of territorial organisation Institut Kehl • Benedikt FRANZ, Linda WALLBOTT and Heike of the State BOEHLER, Technische Universität Darmstadt in Europe Belgium: Christian DE VISSCHER, Professor, Catholic

University of Louvain • Jean-François HUSSON, • 2020 - N°3 june administration review public European on Centre for Research in Public Action, Integration and Governance, Catholic University of Louvain and University of Liège INTERVIEW with PRESENTATION Pierre-Etienne BISCH of the research group Spain: • José M. RUANO DE LA FUENTE, Professor of p. 4 PoliTIS Administrative Sciences at the Faculty of Political Science, ISSN en cours WAMBRECHIES GRAPHIQUE IMPRESSION STUDIO - CNFPT ©19/14172/SA p. 52 p. 52 Complutense University of Madrid Presentation of the France : • Anne AZAM-PRADEILLES, International Expert in Governance and State Reform, Civil Administrator HC p. 23 research group PoliTIS - (Hon), Deputy Vice-President for Coordination of the Complutense University of EUROPA Network • Pierre-Etienne BISCH, Regional Prefect The new forms of (h), Member of the Council of State in extraordinary service territorial organisation Madrid • Hélène PAULIAT, Professor of Public Law, President of EUROPA • Nadine POULET-GIBOT-LECLERC, Senior Lecturer of the State in Europe at the University of Limoges Greece: • Dr Stella KYVELOU, Architect Engineer, Associate Professor, University of Political and Social Sciences Panteion of Athens Hungary: Viktória LINDER, Senior Lecturer, National University of Public Service of Budapest Irland: • Dr. Bríd QUINN, Senior Lecturer at the University EUROPA GOVERNANCE of Limerick Italy: Giuseppe BETTONI, Professor at the University of EDITORIAL Rome "Tor Vergata" Lithuania: • Dr. Virgis VALENTINAVIČIUS, Associated ENCOUNTER Professor, Mykolas Romeris University of Vilnius 4/ Interview with Pierre-Etienne BISCH, Regional Prefect (h), member of Conseil Luxemburg: • Franz CLEMENT, PhD in sociology, CEPS/ INSTEAD d’Etat in extraordinary duty Netherlands: • Dr. Laurens J. ZWAAN MMC, Public Secretary General of the European Association of State Territorial Représentatives Administration Consultant in Leeuwendaal and (AERTE) representative at the Erasmus University of Rotterdam and the Radboud University of Nijmegen to EUROPA NEWS Portugal: • Luis FABRICA, Professor of Law, Faculty of Law, Portuguese Catholic University of Lisbon 6/ Emergence of new parties or political forces Slovakia: • Maria HOREHAJOVA, Senior Lecturer, Faculty 14/ Migrants reception policy of Economics, Matej Bel University of Banska Bystrica • 16/ Energy transition Jana MARASOVA, Senior Lecturer, Faculty of Economics, Matej Bel University of Banska Bystrica PARTNERSHIP REAP/ERPA PROJECT PARTNERS - University of Limoges FEATURE : The new forms of territorial - National Centre for Territorial Civil Service (CNFPT) organisation of the State in Europe

24/ Opening feature 30/ Deconcentration, a diffracted reality SCIENTIFIC PARTNERS OF THE REAP/ERPA PROJECT 38/ Deconcentration in search of coherence - European Association of Territorial State Representatives (AERTE) 46/ Deconcentration, an obscured reality - University of Limoges - Observatory of Institutional and Legal Changes (OMIJ) - Research group PoliTIS - Complutense University of Madrid PORTRAIT Presentation of the research group PoliTIS - Complutense University of Madrid

The opinions expressed in this journal represent solely the authors position.

ISSN : in progress EUROPEAN REVIEW ON PUBLIC ADMINISTRATION - N°3 - JUNE 2020 2 ASSOCIATION EUROPA European andnational level. at forprojects calls and/or tenders for calls to responds and workshops and organisesinternational seminars whereby it its own network of European experts, of Vice-Presidents, EUROPA also consolidates Conference a around recently Structured Authority Chief Executive Officers (UDiTE). ofEuropean UnionLocalFederation and Eastern Europe (NISPACEE) andthe Schools ofPublic Administration inCentral and ofInstitutes Network the as well as ofState Territorial Representatives (EASTR), cooperation withtheEuropean Association addition,EUROPAIn developingis successful real think-tankrole. a plays now where it Intergroup, Services Parliament's Common Goods andPublic years intheworkof theEuropean EUROPA has also participated for three migration taskforce. on ourbehalfintheConferenceof INGOs correspondent atthisinstitution,alsosits network,whoour is permanent Thus theheadofGermanteamour organisation. this international ofbodies established strongtiesoftrustwithvarious has it ofcooperation, period long Europe withaconsultativestatus,after Conference ofINGOstheCouncil At internationallevel,asamemberofthe bid to promote public action across Europe. now, years 25 foralmost developing a in beenhas it regionalwhich contextsin intervention tointernational,nationaland modesof governanceandits its adapt to In 2020,EUROPA hascontinued,asalways, ERPA issue3-EUROPA governance EUROPEAN REVIEWONPUBLIC ADMINISTRATION G Michel SENIMON conducting formanyyears. of theaction thatEUROPA has been what liesinthemeaningandatheart But governanceissuesarenothingwithout to support. calls forandwhosedevelopmentitwishes New Action, whichthe RegionAquitaine Research NetworkEurope, LawandPublic Recently,EUROPA Regionalthe joined has economic andsocialfabricofourterritory. theby also but Limoges, of University authority, theCityof Limoges andthe agglomerationLimoges-Métropole the by only not provided assistance in Limousin, thanks to thetrust and have alsoassertedourterritorialfoothold region whichremainsourmainpartner, we theof support renewed the with Thus, the creation of thenew Aquitaine area. emerging fromthemergerofregionsand gained its place inthenewecosystem At regional andlocal level, EUROPA has the Foundation of theUniversity of Limoges. Chair ofExcellencewiththepartnership a creating aim of stated the with world, contacts withtheeconomic andunionist applied research,EUROPA isintensifyingits of field the in action its extend to Wishing their publicpolicies. the European perspective pertaining to local authoritiesandtheirEPCI,becauseof involvement ofourNGOalongsideFrench Governments (SNDGCT) reinforces the ofLocal General ofDirectors Union National the with developed being currently agreement partnership the part, For its field. European the offer andenrich itse-resources policy in Thisalso allowsforward toput it itstraining available onthepagesofits3rdissue. analysis inthefield of public action (ERPA), arealshowcaseof itscomparative the EuropeanReview ofPublic Action Function (CNFPT)hasenabledittocreate National Centrefor Territorial Public the with establishment its since built has At nationallevel,thelastingpartnershipit eneral

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E U RO P A P Hélène democracy. prosperity,politicaland justice social a model seekingto reconcile economic the importanceofitsactiontoguarantee show to and ofEurope concept constructive and positive a defend to network time, theenthusiasm of its team andits EUROPA years, 25 past energy, its use its why, is That forthe doing been has it as • • • the onlysolutionisEurope: that in the face of threats and difficulties, context, westate andconstantly repeat That is why, inadifficult international resident fabric, aunionofdestinies. given itsstateof play:theEuropean period ofpeaceamong Europeannations toowelongest Europe because we the of ourpoliticalandsocialmodel; the European peoples affirmthe relevance which behind organisation political strong guide to their action, there must bea powers, whose raisond'etat istheonly aspirations of thegreat international hegemonic the with faced because most fragile; regimes whose victims are always the authoritarian slippageofcertainpolitical the to response sole the and best underlyingvaluesarethe because the PAULIAT

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EUROPEAN REVIEWONPUBLIC ADMINISTRATION -N°3JUNE 2020 ERPA issue 3 - EUROPA governance EDITORIAL

Editorial ERPA

In the mid-1980s the question of the state’s decline as a relevant form of exercise of political power appeared to be sorted, or at least about to be so – overshadowed by globalsation and the parallel emergence of large regional groupings progressively overtaking the remits of state power, while the state was in competition with territories whose competences and resources of action were reinforced by various movements of decentralisation underway in Europe. However, at present we seem to witness the “comeback of the state”.

This return to grace – symbolic reinvestment in the wake of various crises which hit industrialised countries, and particularly the European nations – is illustrated by the first part of the third issue of the European Review of Public Action which shows the major role played by the state in defining and implementing responses to the major issues of the day. Whether it comes to energy transition, the fight against global warming, or many solutions to the crisis of refugees and migrants, the state appears not only as a central stakeholder in the mobilisation of resources – legal, human, material, financial – which it has at its disposal, but still as the only one able to coordinate the action of various public institutions (local authorities) or private entities (associations), and citizens (civil society).

Perhaps this is the most obvious characteristic of the state: less of supervision and control, placed both in a position of

externality and overhang with respect to the social fabric, and rather an (inter)mediator, conciliator, regulator, which, through EDITORIAL the exercise of its arbitral authority, reconciles different interests expressed by the components of society.

Will the state be able to continue exercising this regulatory function, which guarantees the humanist values at the heart of the pact uniting European nations in a Europe in the midst of self-doubt and mistrust, even hostility towards others? The inexorable rise of populist movements, their rise to power, to the functions of government, puts states at risk of no longer being this neutral and benevolent appeals body, but the instrument of capsulation, rejection, hatred and inequality.

The second part of this issue is dedicated to the transformations of the so-called territorial state: if the state can still exercise these functions of regulation, mediation, arbitration, it is because its organisation - and consequently its action - has been able to adapt to very different territorial realities. The territorial peculiarities are evident within the state borders; they are all the more so if one compares the situations of various European states whose organisation has been described by the contributors to this issue. If the word deconcentration seems weird to the French administrative organisation, it designates a territorialised organisation of the state, of its administration, of the institutions placed under its authority and its responsibility. 3 On the other hand, this is rather common in Europe. Simply, this particular form of organisation of the state assumes very different forms and modalities discussed in the opening feature.

Beyond this first observation, the issue of the European Review of Public Action highlights the search for coherence that drives policies of deconcentration: this search for coherence is played out in the articulation between the services of the state and local authorities whose competences and resources, as mentioned above, have been progressively strengthened. Deconcentration of state services is unthinkable without the role played by local and regional authorities. This articulation is not without difficulty and it often constitutes a blind spot for the study of forms borrowed by territorial public action. We have tried here to shed some light on this question.

The last point addressed by the ERPA third issue concerns the situation of states in which the question of territorialisation of their organisation is non-existent, or, on the contrary, a question of such a political difficulty that its realisation seems pushed back and remains unfinished.

In a political and social context marked by tensions across our society, it is good to recall the role of the state as a guarantor of the cohesion of the Nation, whatever forms it assumes.

Caroline BOYER-CAPELLE Christophe BONNOTTE Lecturer in public law at the University Lecturer in public law at the University of Limoges of Limoges Deputy Secretary General of EUROPA Secretary General of EUROPA

EUROPEAN REVIEW ON PUBLIC ADMINISTRATION EUROPEAN REVIEW ON PUBLIC ADMINISTRATION - N°3 - JUNE 2020 ENCOUNTER

Interview de Pierre-Etienne BISCH, Regional Prefect (h), member of Conseil d’Etat in extraordinary duty and Secretary General of the European Association of State Territorial Représentatives (AERTE)

Three questions from EUROPA I was a witness of the preparation of the 2. Within the international cooperation of 1992 law and the decree of 1 July 1992 the Ministry of the Interior, you have 1. Having graduated from the National when I was working at the Directorate carried out missions abroad to discover School of Administration (ENA), class of General of Local Authorities (DGCL), as a other modes of governance. In South 1978, Pierre Mendès-France, you deputy director of local institutions, and Africa, for example, you visited the ENCOUNTER entered the French prefectural body then as a first deputy director general. Ministry of Cooperative Governance, before the major laws of decentralisation The culture of this service was shaped by which is the ministry that facilitates the and you thus experienced directly this the idea that the reform of the state would dialogue between the state and local institutional revolution since 1982. Ten pass largely by the surrender of competences and regional authorities at different years later, Article 1 of Framework Act for the benefit of local authorities. territorial levels of governance. In No 92-125 of 6 February 1992 on the Morocco, as a prefect of the Alsace territorial administration of the Consistently since 1992 it was a practice to region, you made a study visit to the Republic stated that “The territorial draw the distinction between the territorial Moroccan wilayah of Fez to explore the administration of the Republic shall be administration (local authorities and local modalities of advanced regionalisation entrusted to local authorities and services of the state) and deconcentrated - that is to say decentralisation, and deconcentrated services of the state”, administration of the state, making the transfers to regional authorities and the placing local authorities before former a unit of new design, positioned deconcentration initiated by the 4 deconcentrated services. Based on vis-à-vis the central state. Moroccan Ministry of the Interior based Article 6, Decree No 92-604 of 1 July on the French model. As a prefect of a 1992 on the deconcentration charter You understand that the emergence of this border region, you may have conducted stipulates in Article 1 “Deconcentration territorial unit served as a fulcrum for the other cooperation on these themes. is the general rule of allocation of deconcentration charter. Indeed, what else What lessons have you learned from responsibilities and resources between to do in the face of "liberated" authorities these exchanges of experience; after all different levels of public administrations than to assert a strong state at local level, have you found the same problems of the state.” As a subprefect, then which implies the primacy of the territorial under different institutional disguise in prefect, and later regional prefect, how administration of the state vis-à-vis the each country,? did you experience this double central administrations? revolution? International cooperation reminds us Of course, I do not underestimate the long regularly of the importance of historical For sure the years 1982-1992 were a real process between this new principle and its legacy and national traditions. disappointment for civil servants just fulfilment... entering their professional career who, as In countries where France has left its mark still young graduates, could not anticipate You ask me how as a sub-prefect and a on the administrative culture, as in the this watershed in the history of the prefect I experienced these events. Maghreb, we easily find a common language Republic’s territorial organisation. with our counterparts. Many of my fellows then chose to try Necessity quickly turned into a rule: the another career, and in many case this historical role of the prefectural body has Thus, when the King of Morocco considered meant joining local authorities, including always been to be useful in the harmonious developing the competences of local departments. resolution of local affairs, in view of the authorities, the exchange of experience legitimacy conferred on it by its with France and its prefects was relevant To illustrate this disappointment, we can independence in the face of political or and was probably useful. Naturally, the remember the tensions prevailing between economic pressures and the sense of notion of "local freedoms" cannot be the services of prefectures and those of reserve which characterises its members. decreed and the maturity of local general or regional councils for leadership Let us add that growing executive issues in authorities in the exercise of these or, in a more trivial context, for precedence our day-to-day work have conclusively freedoms will largely depend on the in public ceremonies. The control of legality removed nostalgia to leave room for an experience with the practices and the also testified these tensions for a whole even more resolute commitment for the familiarity of the stakeholders with the decade. enthusiasts of public action that we are. respect for the rule of law...

EUROPEAN REVIEW ON PUBLIC ADMINISTRATION EUROPEAN REVIEW ON PUBLIC ADMINISTRATION - N°3 - JUNE 2020 ENCOUNTER ENCOUNTER

The case of South Africa is significant of 3. Finally, as a Secretary General of the The situation is evolving with more the limits of the exercise. For strategic European Association of State Territorial countries re-centralising territorial level reasons related to the exchange with the Representatives (EASTR), prefects, supervisory functions, such as Finland - to BRICS, the French government wanted to governors, voivodes, government name a recent example. The push for send a group of prefects to the public delegates, commissioners of the king, decentralisation in favour of local authorities of South Africa, if not to offer etc. depending on the country, you find authorities, the search for budget savings our services, at least to show what we are yourself at the heart of the problem of and simplification of structures, as well as and maintain our influence in this huge the exercise of deconcentrated state the dematerialisation of procedures play a country. power. The EASTR is now a little over significant role in these developments. twenty years old, and every year a We were not even aware how divergent our conference deals with a theme that France presents a model that could be administrative cultures and our law were. concerns STR in the exercise of their described as "a legacy pattern", with a To put it bluntly, we sometimes had the tasks. Beyond the differences arising prefect entrusted with wide and important impression of two worlds too different to from the history of each country, remits, either in the realm of executive consider operational and territorial deconcentration remains the "hard core" issues or in the realm of influence, in cooperation. On the other hand, the idea of the function of state territorial economic, social and even societal issues. of influencing the introduction of modern representative. The Euro-Mediterranean We must amit that in the European area branches of law in South Africa such as STR Observatory, whose first major this model is no longer widespread, while competition, communication or the conference was held in Marrakech, it probably remains more so in the global internet would probably be more relevant. Morocco, in 2011, showed that the Francophone space. Our example is quite But we deal with areas that are not within problem is comparable all around the isolated in Europe, which shows the the remit of prefects, but rather of Mediterranean. What lessons can you progress of Scandinavian or Anglo-Saxon professional lawyers. learn from these exchanges and models where the state intervention is comparisons between the systems of expressed in a less strong way, if not less ENCOUNTER Let us add that the notion of a territorial different countries? "imperial". state, even if presumably professional and impartial, in a country which has for so long First of all, the exchange of professional On the other hand, beyond the differences suffered from stand-alone development, experience between peers is always in administrative organisations, the central may give rise to mistrust among the beneficial, even if it is not a top priority issues facing the territorial authorities are descendants of apartheid victims. on a daily basis for each of us. similar, in particular with the reception of asylum seekers or the fight against As a direct heir of the Napoleonic era, the The EASTR’s raison d'être is to offer this terrorism. French prefectural body has been eroded platform, unparalleled for practitioners and "polished" by two centuries of such as STR. The idea of our annual conferences is to democratic life. It has a proven track point out different approaches and to record of law enforcement and social The EASTR meetings make it possible to discuss them, if possible in the presence of 5 utility. regularly check how different our renowned experts of the main trends at administrative traditions and our stake. The transposition of the model into young, professional practices are, beyond what we rapidly evolving states, whatever the have in common, namely: democracy, For example, our work for 2018, during the continent, cannot be sustainable without respect for human rights and the rule Lyon Days, focused on the role of state the other local public institutions having of law. representatives in partnership with the acquired sufficient maturity. Otherwise, public when it comes to infrastructure prefects within a regime, either unstable, The place of the state is very different in decisions or sensitive events. These could authoritarian, corrupt, or all these together, Norway, Germany or Turkey. But, with rare include, for example, airport projects or would probably be one of the worst things exceptions, the unitary state or the federal major road works, or the organisation of to consider. state most often has a local representative. the Olympic Games or UEFA EURO 2016.

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EUROPEAN REVIEWONPUBLIC ADMINISTRATION -N°3 JUNE 2020 EMERGENCE OF NEW PARTIES OR POLITICAL FORCES EMERGENCE OF NEW PARTIES OR POLITICAL FORCES 9 5 2 4 3 5 3 14 20 19 14 33 2017 3 2 4 5 2 15 15 38 41 13 2012 5 2 2 15 24 30 10 21 31 2010 7 6 2 9 2 25 41 22 33 2006 8 8 3 9 2 42 44 28 2003 9 2 2 4 26 23 10 43 24 2002 NEWS 2 3 5 3 29 45 11 38 1998 5 2 3 6 1 2 2 3 37 34 31 1994 6 2 1 3 1 49 54 22 1989 2 3 1 1 52 54 27 1986 1 2 3 1 2 1 2 47 45 36 1982 3 3 3 1 2 3 17 44 48 26 1981 Socialist populists; SP Liberal populistst; LN LPF, Conservative, nationalistpopulists; DP,CD, PVV 2 1 3 1 1 3 8 1 53 49 28 1977 7 7 3 6 6 7 2 7 2 1 3 27 14 43 22 1972 3 8 2 6 2 2 2 1 35 13 10 11 16 39 1971 3 7 5 4 1 7 42 15 12 17 37 1967 4 4 1 3 3 50 13 13 16 43 1963 3 2 3 49 14 12 48 19 1959 3 7 49 15 13 50 13 1956 Party PvdA CPN PSP PPR EVP GL SP DS '70 KVP ARP CHU CDA SGP GPV RPF CU RKPN VVD D66 NMP LPF LN CD CP PVV FvD AOV Unie 55+ 50Plus BP PvdD DENK Populist x x x x x x Family Socialist Socialist Socialist Socialist Socialist Socialist Socialist Socialist Christian Christian Christian Christian Christian Christian Christian Christian Christian Liberal Liberal Liberal Liberal Liberal Conserevative Conserevative Conserevative Conserevative Elderly Elderly Elderly Farmers Animals Imigrants coalition. governing the of member are parties marked grey The KVP, merged ARP into CHU and CDA CPN, PSP, EVP mergeed and PPR into GL merged RPF into and GPV CU of a gereralisation! somewhat inevitably is family by political categorising The

EUROPEAN REVIEW ON PUBLIC ADMINISTRATION EUROPEAN REVIEW ON PUBLIC ADMINISTRATION - N°3 - JUNE 2020 8 NEWS In 2010 and 2014 PVV joined the municipal PVVjoinedmunicipal 2014 the and 2010 In PVV.the excluding formed was coalition however thecoalitionfell apartandanew part ofthegoverningcoalition.Soon during the2011elections andbecame Limburg in party largest the became successes. OnaprovinciallevelthePVV On local level PVV also hadelectoral been doingextremelywellthepolls seats inthe2017elections,buthassince FvD. isthe populist wontwo party This conservative-nationalist as categorised A newcomer thatcanbemore or less disappointment to Wilders. eventual result was therefore a party. largest the as elections 2017 The indicated thatPVVwouldcomeoutofthe position seemedtopayoffwhenthepolls Europe. and Islam immigration, This the media,inparticularon theissuesof taking amoreandradicalstandin following, regain however managedto Wilders coalition. new the in included not was and elections 2012 the in seats years. PVVAfterlostthe nine debacle this and governmentfellwithinlessthantwo partnerunreliable an proved PVV vote. coalitionmajority itsthe policies,supplied cabinet on influence for exchange in members,but owncabinet supplying its government. PVVdidnotactivelyjoin by coalition a in included reluctantly four seats. Subsequently thePVV was (2010) PVVbecameinthirdwithtwenty- nine seatsfor hisPVV. Followingelections back in2006whenGeertWilders secured Conservative-nationalism madeitscome elections. 1998 the in out whipped centre democrats (CD). The CDwas centreparty(CP),followedthe by 1989 in the with in1982 parliament access to where thefirst thatmanaged to get The conservative-nationalist populists party, linger. althoughsomepopulisttraits developed into amore regular democratic gradually has coalition, ruling of the Czechs (from 1918to 1992), theshort the with ofcohabitation decades seven past: the to related phenomena several current politicalsituation, result from beginning of its history, as well as the country wasbornon1January 1993. The history, political its the when started which in old years twenty-five hardly is Slovakia EMERGENCE OFNEWPARTIES ORPOLITICAL FORCES EUROPEAN REVIEWONPUBLIC ADMINISTRATION developments of the Slovak Republic developments of theSlovakRepublic Evolution andrecentpolitical (4) . formed withouthim. elections acoalition would have been had become thelargestpartyin2017 be blockedforsuchparties.EvenifPVV means thattheroadtogovernmentcan this byitself, majority parliamentary system, wherenopartyislikelytogaina Dutchthe In him. cooperationofwith Wilders, otherpartiesruleoutanyform of position xenophobe increasingly the to Because of thisexperienceandinreaction an unreliablecoalitionpartner. itself proved PVV but cabinet, minority policies inexchangefor support of the some time was giving influence on cabinet stability. necessary of the for PVV The lack proved but period, short very for a the only onetobeafullcoalitionpartner in government theyfall short. LPF was presenting themselvesasviablepartners tocomes it when But parties. populist to access easy allows system electoral So far weseethattheproportional will competeinsixtymunicipalities march 2018municipalelectionsthePVV 2017 GeertWilders announcedthatinthe levelso far waslimited to twotowns. April municipal on PPV ofthe presence the coalition anddeniedgovernance. However of the out left was PVV municipalities Despite thesevictories ineither Almere andin The Hagueasnumbertwo. asnumberonein PVVcameout times elections in The Hagueand Almere. Both where itparticipated othereach of 28municipalities the seats in 6. Ontheother handPVV won one or more to 2seatsandin Almere from9backto In success. 7 from went PVV Hague The Almere PVVcouldn’t sustainitsprevious both In target. the half and Hague The elections inthirty municipalities, only candidates, managed to enlist for the difficulties findingenoughqualified Eventually thePVV, encountering brought out different visions of theof visions different out brought Freedom of expression, granted in1989, from atotalitariansysteminto democracy. accompanied thecountry'stransformation whichearly1990s, the in changes during the Second World War andradical existence of theindependentSlovakstate (6) . F ac u lty

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E conomics (Korteweg, December26,2017). the parliamentary assembly hall in permanently displayed be should flag 2017 parliamentdecidedthattheDutch Telegraaf,2017). 4, March November And (De schools in sung be should anthem national the that proclaiming card, nationalistthe played leader democrat morebecometorestrictive. TheChristian Also on theimmigration issue theytend their audience. such, express Euro-critical messages to politicians, despitesupportingtheEUas Liberal andChristiandemocratictone. tempered more ina although themes, andnationalist parties takingoverpopulist the rise of Wilders inthepolls, mainstream preceding theelections,asareactionto alienating themfurther. Also wesaw votersso-calledagainstthe establishment, resentment andmistrust of populist the fed wouldhave this government, largest to still beexcluded from consequences. HadPVV become the relatively strongpopulistpositionhasno a that mean not does however This marked the 1990s surrounding the struggle marked the1990s surroundingthestruggle However, ofsociety polarisation acute This aspiration materialised in 1993. independent state built during thewar. by thosewhowerenostalgic ofthe Slovakia, whichhadbeendesired foryears independent ofan that particular in evolution oftheCzechoslovak State,and

volkslied-buma-weggehoond https://www.telegraaf.nl/nieuws/1330699/ Telegraaf: De Nederland: Amsterdam, weggehoond. potentie-forum-democratie-en-sp-is-gestegen/ nl/2018/02/04/opiniepeiling-maurice-hond- (8) (7) (6) (5) (4) verkiezingen~a4483174/ pvv-wil-in-60-gemeenten-meedoen-met- www.volkskrant.nl/binnenland/de-lijst-is-langer- Amsterdam, Nederland:Volkskrant: https:// De PVV wilin 60gemeenten meedoen metverkiezingen. voor-eeuwig-geharrewar~a4548890/ nederlands-is-pragmatisch-op-de-centen-en-goed- opinie/nieuwe-vlag-in-kamer-staat-voor-alles-wat- geharrewar.Volkskrant: https://www.volkskrant.nl/ pragmatisch, op decentenengoed voor eeuwig in Kamer staatvoor alleswatNederlands is: Nieuwe vlag Korteweg,A.J. (26décembre2017).Nieuwevlag Kiesraad.www.verkiezingsuitslagen.nl. De lijst is langer: Delijstislanger: (5avril2017). DeVolkskrant. De Telegraaf. (4 mars 2017). 2017). mars (4 Telegraaf. De DeHond, M.(2018).http://politiek.tpo. , , M atej

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EMERGENCE OFNEWPARTIES ORPOLITICAL FORCES EMERGENCE OF NEW PARTIES OR POLITICAL FORCES EMERGENCE OF NEW PARTIES OR POLITICAL FORCES

for the democratic nature of the state and fall of totalitarian regimes. In Slovakia, the its international orientation. At the time, experience of a pluralist political system only one political party dominated (V. during the first Czechoslovak Republic Meciar) while the opposition made many The current political situation during the inter-war period was forgotten. mistakes and suffered many defeats. The reflects a much more serious Therefore, political democracy and culture, dominant, nationalist-centrist party was political dialogue, the search for known for its pro-European declarations problem, i.e. the loss of constructive cooperation, have to be re- without translating them into the decisions moral values learnt and it is increasingly obvious that and measures as required by the twenty or thirty years are not enough for Copenhagen criteria. This persistent this endeavour. ambiguity placed Slovakia in the second group of countries in the process of The way the European Union operates has accession to the European Union. of office. It gradually managed to unite the also contributed to this unprecedented pre-1989 communists and the younger fragmentation of the political landscape Gradually, a left-right political elite generation(2). In the beginning, its success and the rise of extremism. Even though emerged and quickly gained influence in was based on the choice of a clear Slovaks have long been very pro-European the media and public opinion, before orientation of its foreign policy towards in polls, voices are rising to criticize this having a key impact on the country's Europe and the transatlantic structures. bureaucratic functioning, which would governance for a decade. From 1998 to SMER has successfully implemented the threaten entrepreneurial potential and 2006, the political scene was marked by elements of corporatism in the Slovak individual initiative. NEWS the presence of a relatively strong right political system and makes extensive use of wing (SDKU-DS), resulting from the political marketing technologies. But, To summarize, the emergence and then the consensus between several small parties. taking advantage of the support of a large rise of the extreme right in Slovakia echo Some key politicians (M. Dzurinda, I. part of the population and the inability of what is happening in many European Miklos, E. Kukan) have become the the opposition to resist, it has become more countries. The phenomenon is a result of spearheads of the most important and more arrogant and is now using methods the weakness and helplessness of traditional decisions, including on the necessary that break with classic political culture. political forces, which have bent down in economic reforms and the international the face of their own difficulties. But the orientation of Slovakia, and received a very This quick reminder of the political current political situation reflects a much strong support among the population. This developments in Slovakia helps to explain more serious problem, i.e. a loss of moral all helped to successfully conclude the the rise of the extreme right. The right- values, which no longer guide the behaviour country's accession to the European wing opposition parties have been of the politician or the voter. The difference Community in 2004, with the countries of disappointing their supporters for many between democracy and anarchy, as well the first group. years now, proving themselves incapable as respect for the law, is blurred: we forget of going beyond their own interests to to appreciate freedom and all that it However, this political right wing was unite. The opposition lacks dynamism and represents. 9 originally organised primarily to confront brings together worn-out characters full of the ruling party, not to defend certain hostility. As a result, a large part of the The Slovaks forget that their country has values and interests, which led to some population has succumbed to skepticism, nevertheless made considerable progress. problems. These began to emerge after the believing they cannot change the course of In a quarter of a century it managed to 2006 parliamentary elections, where the events... unless they vote for M. Kotleba integrate in Europe, to build a more or less political right was in opposition. functional democratic state and a Another explanation is the attitude of the prosperous market economy. But what is The six years leading up to the early ruling SMER government, which accepts no missing, according to former finance elections in 2012 revealed several serious criticism, covers up corruption scandals in minister Miklos(3) is a general consensus, a political phenomena, which still persist and its ranks and does not take seriously the desire to move the country forward. have contributed to the emergence of the thousands of citizens who take the streets far right (SLS - M. Kotleba) in the country, and demand the resignation of policy- One of the ways out of the political slump for the first time since the war. This has makers. Abuses committed by its own could be the incumbent president, A. Kiska. fragmented the electoral base and hence members and involving public resources Although he announced that he would not the whole society. In the 2010 elections, and EU funds are tolerated, while there is commit to creating a political party and the right wing came back to power, but this acute shortage of such resources in the that it is unclear whether he will run for a victory was not due to a pickup of its own health and education systems. second mandate in the 2019 presidential forces, but to several corruption scandals election, the impact of his personality on within the left. Four right-wing parties The consequences of the economic crisis the country's public life will remain strong, formed a coalition that was fragile from have also contributed to a deterioration of because to withdraw or remain passive in the beginning due to conflicts, ultimatums the situation. The last crisis, like all the the face of serious social issues is not in his and mutual threats. It only lasted for two others, had political repercussions. Many nature(4) years, and ended with the resignation of impoverished and underprivileged citizens Prime Minister I. Radicova(1). The right lost turned to politicians who made populist (1) RADICOVA, I. – LESNA, L. 2013. Krajina hrubych its authority in the face of the media, remarks and developed impressive but ciar. Bratislava : Ikar public opinion and its supporters abroad, vague discourses. (2) HRONSKY, M. 2016. Politicke hry. Bratislava : Marencin as if it had forgotten how to inspire and PT. capture the public's attention. Another reason for the decline of traditional (3) MIKLOS, I. 2016. Festival MOVE. Postavme political forces, typical of post-communist Slovensko na nohy. Bratislava : le 21-22 octobre 2016. In 2012, political party SMER (R. Fico) came countries, is the insufficient experience of (4) HRIB, S. 2017. Kto po Andrejovi Kiskovi? Tyzden no 7/2017. Tyzden no 7/2017. to power and is currently in its second term these parties, which date back only to the

EUROPEAN REVIEW ON PUBLIC ADMINISTRATION EUROPEAN REVIEW ON PUBLIC ADMINISTRATION - N°3 - JUNE 2020 10 NEWS of-centre ruling coalition, and was dissolved of-centre ruling coalition, andwas dissolved party becamea juniorpartneroftheright- latter, actually, materialised). never The (the message” before comes “show that of celebritiesandthenonchalant attitude The TPP capitalised on thepulling power seats. 16 and vote popular ofthe 15.09% Valinskas, ahostofseveral TV shows,won Arūnas by led and stars showbiz with TPP), packed partija, (Tautosprisikėlimo ResurrectionNational created newly Party In the2008parliamentary election, the failed todo. allegedly has establishment the job that a nation salvation party called to do the Typically, aone-term partyisdesignedas one electioncycle. than more for afloat stayed which parties groups: single-election-successpartiesand two into be divided could parties populist night, thelonger-living newLithuanian win nothinganddisappearontheelection when newlyestablished political parties Lithuanian politics.Puttingasideinstances of istypical election parliamentary every Proliferation ofnewpopulistpartiesbefore politics controlled thecommanding heights of always orright, left parties, mainstream the 2016, in LVŽSvictory the before and, policychange substantial a allow would had neverbeenintheleadingpositionthat various auxiliaryroles.Populist newcomers harnesstoassigningpopuliststhem by vast experienceofsmartcoalitionpolitics their to due as well as won, they numbers vote sufficient the to due bay at populists keep to managed routinely had 2016, to mainstream Lithuanianpartiesthat,prior The result is ameasure of crisis of the government. unquestionable mandateto form a an with winner election clear is a fraction relatively new a and force populist seats. Secondly, for the firsttime an overtly 40 less than with won be could election fragmentation of party politics whenan long-time the to stop temporary a least at puts parliament) (Lithuanian Seimas 141-seat the in seats 56 of margin politics. Firstly, thenearmajoritywinning Lithuanian in trends well-established parliamentaryelectionfollows several LVŽS)2016the in sąjunga, žaliųjų Peasants andGreens(Lietuvos valstiečių ir Lithuanianof Union the of victory The EMERGENCE OFNEWPARTIES ORPOLITICAL FORCES EUROPEAN REVIEWONPUBLIC ADMINISTRATION Populism inLithuania Ever New, NothingNew: Lithuanian voter. InFebruary2018, shewas seduceevery 13th ispossibleto abuse it exploiting alargelyinventedcase ofchild by that point the proved Venckienė Nevertheless,four yearsearlier Mrs seats.zero won DK the election 2016 With the in hiding, in chairwoman party the murderer oftwopeople. in defenceofherlatebrother, asuspected abuse of office – all related to her activities murder, to accomplice libel, and perjury Lithuanian lawenforcementonchargesof because shewasandstilliswantedbythe middle of her term she wentfugitive a memberofparliament.However, bythe Path became subsequently ofand Courage establishment crusade, organised theparty pedophile, anti-law enforcement, anti- brother’sher over took court, district anti- same the of justice a Venckienė, Neringa was found deadayear later. Hissister, one of them.Kedys went into hidingand being judge court district Kaunas a 2009, in death to people two shot eventually and places high in pedophiles fighting was sexually molested.Kedys claimedthathe who believedhis4-year-old daughterwas Kedys, Drąsius to name its owes party The pedophile conspiracy was never proven). establishment wascoveringup(the the that ring pedophile alleged an about parliament, bywhippingupvoter emotions in seats 7 and vote list party the of 7.99% DK) won kelias, Path (Drąsos of Courage In the2012election,newlyestablished show politicslookedlike. got aglimpseofwhattrumpesquereality Mr before sixyears that Trump Lithuania say might One members. ofits discipline poor and incompetence to due 2011 in an unquestionable mandate an unquestionablemandate For the first time an overtly For thefirsttimeanovertly relatively new fraction is a relatively newfractionisa clear election winner with clear electionwinnerwith to form a government to formagovernment populist force and a populist force anda

M 2008 election, the party won39 seats. election, the 2008 Yet, DPthe of debut the the in successful: was leader’severybody andits showmanship, campaign promising everything to industry. Thanks to the slickpopulist later investing inthefood processing importing Gazprom gasto Lithuania and goldby struck who millionaire, turned Viktor Uspaskich, aRussian-born welder October 2004. The partywascreatedbyMr less thanayear before theelection in inNovember 2003, DP) –wasestablished partija, (Darbo party Labour –the group cycle ofthe extended The secondparty role. significant more a coalitions butneversucceededinplaying the times, TPP ruling ofvarious part was of the TTP inparliament. At different appearance to agreethatthismaybethelast longer.any party Political observerstend the leading be not would he announced PaksasMr and seats, 8 securing threshold managed to stay above the 5%minimal the of2016, election last TTP barely the in But maximum). (the 2008 in 15 to ranging from11in2004(thelowestnumber) every election,Paksas’ partygainedseats: company.building road a of in then, Since takeover illegal the aiding of and tycoon, tycoon, of leakingstatesecretstothesame Russia-linked a to citizenship aviation Lithuanian awarding ofillegally charges on office from removed and impeached Two yearslater, President Paksas was from Chicago,inthesameyear2002. Lithuanian Valdasan American Adamkus, election over theincumbentpresident certaintiesand won thepresidential forSoviet nostalgia with population ofthe harboredbypart sentiment and-orderanti-Westernonthe messageand law- simple a on bet his placed He wealth. argued thatitwouldbeasell-off of national investment, toan American investor. Paksas refinery, whichwasindireneedof oil Mažeikiai antiquated and big the sell Lithuanian privatisation dealthatwould then knownforrefusingtosignthelargest Paksas, whowas minister prime former byRolandas 2002 March in established (Tvarkos ir teisingumopartija, TTP) –was party Justice and Law the – one first survived morethanoneelectioncycle. The There are two major parties thathave request. a legal battle against Lithuania’s extradition arrested inChicagoandcurrentlyiswaging ykolas Assoc. Prof.Dr. Virgis VALENTINAVIČIUS

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EUROPEAN REVIEWONPUBLIC ADMINISTRATION -N°3 JUNE 2020 EMERGENCE OF NEW PARTIES OR POLITICAL FORCES EMERGENCE OF NEW PARTIES OR POLITICAL FORCES

instead of ruling the roost, the DP became The Lithuanian mainstream parties consist La victoire de LVŽS s’est produite dans le a junior partner in the coalition led by the of the conservative Homeland Union - contexte d’une disparition progressive de Lithuanian Social Democrats, who managed Lithuanian Christian Democrats (Tėvynės la division droite - gauche en Lituanie et to stay on top because of their experience Sąjunga-Lietuvos krikščionys demokratai, d’une incapacité des partis traditionnels à and canny maneuvering despite the fact TS-LKD), the left-of-centre Lithuanian comprendre les besoins des citoyens that they had only 20 seats. One more time Social Democratic Party (Lietuvos ordinaires, ce qui a développé l’aversion the DP gained 29 seats in the 2012 election, socialdemokratų partija, LSDP), either of de ces derniers pour la politique des partis. again becoming a junior coalition partner. the pair took turns to lead all governments In 2016, with just 2 parliamentary seats, before 2016; and the smaller pro-business The LVŽS victory came about against the the DP virtually ceased to exist as a viable Lithuanian Liberal Movement (Lietuvos background of the fading divide between force. The DP crashed after the court found liberalų sąjūdis, LLS), which used to be a Right and Left in Lithuania, and of the the party leaders guilty of illegal party junior coalition partner to the above major mainstream parties’ inability to connect to funding in the notorious false accounting parties. the needs of ordinary people, resulting in case. their aversion to party politics. The LVŽS, The mainstream entered the 2016 election a newcomer in power, started disappointing The second party of the extended cycle race with a selection of deficiencies. The voters just months after the election by a group – the Labour party (Darbo partija, TS-LKD, in opposition since 2012, was going massive U-turn in social policy (among DP) – was established in November 2003, through a leadership change and their other things, the LVŽS adopted the pro- less than a year before the election in election campaign resorted to the familiar business Labor Code, which they had October 2004. The party was created by Mr “we will help people by stimulating castigated before the election), by making NEWS Viktor Uspaskich, a Russian-born welder businesses to create jobs”, while a sizeable a mockery of their much vaunted turned millionaire, who struck gold by part of the public preferred a government environmentalist stance when the LVŽS importing Gazprom gas to Lithuania and that would take care of them in a more leader Karbauskis bought a petrol-guzzling later investing in the food processing direct way. Cadillac jeep with a 6-liter engine or by industry. Thanks to the slick populist compromising the moral high ground taken campaign promising everything to The approach of the Liberals (LLS) was before the election on traditional family everybody and its leader’s showmanship, similar; in addition, the Liberals were badly values when the same Karbauskis had to the debut of the DP was successful: in the hurt by a huge corruption scandal when a fend off rumors of his extramarital affair. 2008 election, the party won 39 seats. Yet, bribe of over €100,000, allegedly taken by instead of ruling the roost, the DP became the party leader, exposed the LLS as a paid The mounting heap of broken promises and a junior partner in the coalition led by the lobbyist of big business. The ruling Social gaffes of the LVŽS government gives the Lithuanian Social Democrats, who managed Democrats were handicapped by multiple political mainstream a window of to stay on top because of their experience corruption scandals, inept leadership and, opportunity to regain their positions, and canny maneuvering despite the fact above all, strongly pro-business policies provided they reconnect with voters and that they had only 20 seats. One more time that made a caricature of the socialist fight back the ground lost to the populist the DP gained 29 seats in the 2012 election, credentials of the party. newcomers in 2016. First of all, the 11 again becoming a junior coalition partner. established parties suffered defeat due to In 2016, with just 2 parliamentary seats, In the opinion of Kęstutis Girnius, professor the arrogant neglect of growing poverty the DP virtually ceased to exist as a viable of the International Relations and Political and social exclusion and adherence to the force. The DP crashed after the court found Sciences Institute in Vilnius, the mainstream traditional ’’free market will solve it all“ the party leaders guilty of illegal party parties defeated themselves: ‘A leap in approach. The answer may be in offering funding in the notorious false accounting distrust of the traditional political parties a moderate solution to globalization and case. is well deserved, since they are not able to immigration challenges, and if the address the economic and welfare mainstream parties do not rise to the In the 2016 election, the LVŽS created a challenges of globalisation; at the same parallel universe that abounded in time, because of political correctness, the resentment and ‘alternative facts’, which traditional parties for years were reluctant (1) Natalie NOUGAYREDE, « Le Pen deployed bluster was not so far away from the French to enter an honest discussion on immigration and bigotry in the TV debate. Sound familiar? – posted electoral experience in May 2017, when when immigration has long been probably on May 4, 2017, retrieved at https://www. Natalie Nougayrède said that, like it or not, the biggest problem Europe faces’(2). theguardian.com/commentisfree/2017/may/04/le- bluster and bigotry à la Trump was emerging pen-trump-hyperbole-bigotry-presidential-debate as a universal pattern of Western politics: Prof. Ainė Ramonaitė, who has been (2) Kęstutis GIRNIUS, « Notes on Populism (Pastabos apie populizmą) », posted on October 8, 2016, ‘If this final French presidential TV debate researching electoral preferences for retrieved at http://www.bernardinai.lt/ offers any lessons, it is that alternative several decades, finds it difficult to straipsnis/2016-10-08-pastabos-apie- facts, used as a political weapon, are here understand why the mainstream parties are populizma/149763 to stay in the fabric of western democracies. turning a blind eye to social issues: ‘One (3) Ainė RAMONAITĖ, An Interview: the Voter is They are the vehicle whose purpose is to can have an impression that after the Conditioned by Attitude towards Soviet Time (A. channel popular anger’(1). collapse of the Soviet system politicians are Ramonaitė, Interviu: rinkėją valdo požiūris į sovietinius laikus), posted January 28, 2015; retrieved afraid to talk of class interest or economic at http://www.tspmi.vu.lt/ (3) No matter how contradictory and eclectic exploitation’ . But the refusal of the Social tinklarastis/2015/01/a-ramonaite-interviu-rinkeja- their potpourri is, the LVŽS hate factory Democrats to follow policies the name of valdo-poziuris-i-sovietinius-laikus/ proved difficult to resist, especially in the their party implies helped the populist LVŽS (4) Ainė RAMONAITĖ, Values of the R. Karbauskis party situation when the mainstream parties to win the election by a landslide, researched: surprise result (Ištyrė R. Karbauskio looked aloof and not very responsive to the consolidating the votes of the Path of partijos vertybes: rezultatas netikėtas), posted November 25, 2016; retrieved at http://www.delfi. prevailing sentiment of the electorate, Courage, Labor Party, Social Democrats and lt/news/daily/lithuania/istyre-r-karbauskio-partijos- fuming over growing impoverishment and the Law and Justice – ‘the parties we are vertybes-rezultatas-netiketas.d?id=72981634 social inequality. used to calling left’(4).

EUROPEAN REVIEW ON PUBLIC ADMINISTRATION EUROPEAN REVIEW ON PUBLIC ADMINISTRATION - N°3 - JUNE 2020 12 NEWS the triple Spanish crisis meant the end of the tripleSpanish crisismeanttheendof Franco’sGeneral against However, regime. fight common the in forces progressive transition todemocracyasliberating and the during left bythe seen forces, emergence of peripheral nationalist favouredthe that identity national weak a inoculated and parties far-right against vaccine a as acted past nationalist USA. InSpain,thelong authoritarianand xenophobic partiesinEuropeandthe breeding ground of populist and thebeen have globalisation to fear the or difficulties economic Corruption, of publicservices. that endedupimpactingontheprovision cuts budget heavy byimplementing context the basic needs of citizens inthecrisis neglected norcorruptiontime the the at and foresee orcurbneithertheeconomic crisis to unable were which institutions, public in mistrust huge a by intensified was crisis parties. Lastly, theeconomicandpolitical that havemainlyaffectedthemainstream involved innumerous cases of corruption thirdproblemthe ofSpanishfor the years), politicians’ as (perceived lossofprestige the by compounded was crisis economic 9.2% from 2008to 2013.Second, the about 26%in2012andtheGDP diminished Unemployment rose from 9%in2007to of thesupervisoryinstitutions. passivity the under banks savings politicised of management reckless the and bubble estate real the of burst the crisis, financial international the factors: simultaneous that wasthecombination of several deepest economic crisis of itsrecent history In 2008Spain suffered atriple crisis. The origins: 1. The youngleader, elected newly its ispursuing effect,Paluckas,GintautasLeft.In radical LSDP inturnisrapidly moving towards the LVŽS, thussplinteringfromtheLSDP. The the with coalition ruling the within stay have chosento school – post-Communist members –socalleddinosaursof theold are onthewaytoextinction asitsseveral (LSDP) Democrats Social Lithuanian The of2016. lesson the learnt have parties not seem,however, thatthemainstream A does halfelection,it a pastthe yearand with their ever-misfiring radical delusions. void the fill will populists the challenge, EMERGENCE OFNEWPARTIES ORPOLITICAL FORCES EUROPEAN REVIEWONPUBLIC ADMINISTRATION of nationalpopulism inSpain The institutionalcrisisand theonset happening? happening? advantage of this situation. Whatwas Socialist Party, inopposition, didnottake decline ofthePopular Party, althoughthe deficit and debt. Polls showed a pronounced comply withtheEuropeanrules onpublic measures basedon fiscal austerity to speculation andagainst thegovernment estate real ofthe victims were actually who against theactionsofevictionfamilies There were numerous demonstrations such as Occupy Wall Street intheUSA. movements worldbysimilar the around and replicated inother Spanishcities was published in2010). This protestmovement Stéphane Hessel's book Indignez-vous, "outraged" movementnamedafter the (or born was movement 15-M The the slogan"theydonotrepresentus". against thepolitical establishment under were concentratedinthecentreofMadrid of peoplecalledthroughthesocialnetworks municipal andregional elections, hundreds On 15May2011,aweekbefore the outbreak: 2. The peripheral nationalism. of exacerbation the and bipartisanship, articulate a socially sensitive message – – message sensitive socially a articulate to able been not issofar Landsbergis maturing leadership of Gabrielius The conservative TS-LKD under thestill weakness inwinningthepublictrustback. past year exposed their newleadership’s the €100,000bribery scandal,whilethe The liberals(LLS)havenotrecoveredafter opinion pollsisplummeting. in standing their and revolutionaries, either bythedinosaurs or by the Corbin. The electorate is not impressed ofJeremy style an ideologicalrevoltinthe nationalism have arrived and nationalism havearrivedand threaten institutional stability threaten institutionalstability and liberal democracy and liberaldemocracy Populism and radical Populism andradical frequency bandsbythegovernment. and thattheydependon theallocationof party (Podemos istheacronymof“Por la ofthe name borrowthe even and rallies electoral the in staging the and scenography obtain financing, buttheyimitate the inspiration. FromVenezuela theynotonly of Venezuelan bipartisanship is its example asaleaderagainstthecorruption socialism" inLatin America. Chávez's Hugo Chávez,toextend"Bolivarian President and commander ofVenezuela Podemosby theputschistfinanced and (CEPS) Foundationsetupbytheleadersof Centre for Political andSocial Studies the in are originsConstitution"), its 1978 ("We mustputanendto theregimeof party anti-establishment and European anti- anti-capitalist, Illiberal, approach. cleavage byreplacingitwithanup-down right-left traditional the rejected and itself astherepresentativeofpeople of Obamaist resonances thatpresented Party foundedPodemos ("We can"),aname Communist Spanish ofthe secretary general a group of former advisers to theformer discredited centralgovernment converge: The politics-show andtheinterest of the populism. outcome: first The 3. revenues and get 80% of the audience the of 80% get and revenues ofadvertising 95% control that Mediaset) and(Atresmedia groups national large televisionthereisa oligopoly formed two by Spain in that knowing worth is It margin. the televisionoperatorsdidnotstayin and economicsituationwasmaximum, The interest andconcern for thepolitical expectations. voter to up live and themselves of themainstream parties to reorganize failure persistent ofthe face the in win still intheposition to score another election popularity,of loss considerable LVŽSthe is that. above To ofthe spite in up, sum not yetgainedsomethingmoresubstantial (inFebruary2018),the per cent TS-LKD has LVŽSthe 18 some to halved has popularity election LVŽS.the populist since Although theruling isstuckonparwith popularity of terms and in – message clear indeed any

(1) Source:GeneralMedia Research,EGM2018 José M.RUANODELA FUENTE C om p

l u tense U niversity

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EUROPEAN REVIEWONPUBLIC ADMINISTRATION -N°3 JUNE 2020 EMERGENCE OF NEW PARTIES OR POLITICAL FORCES EMERGENCE OF NEW PARTIES OR POLITICAL FORCES

Democracia Social”, the second most Ciudadanos in the following elections limited its contribution to territorial important party integrated into the pro- (municipal elections of 2015, parliamentary solidarity. Chávez political forces). elections of 2015 and 2016) implied the loss of the hegemony of the two major Spanish The refusal of the central government to From the local televisions and Hispan (the parties. Thus, the sum of PP and PSOE that reform the regional financing system in the Iranian television by satellite for the reached 83.8% of the total votes in the context of the economic crisis guided the Hispanic world), the leader of Podemos parliamentary elections of 2008, fell strategy of the Catalan government towards made the leap to the big national TV dramatically to 55.6% in 2016. the holding of a referendum on self- channels. The party’s message is simple but determination as a response. The strategic effective: it does not speak of the traditional 4. The second outcome: the objective was achieved: the Catalan terms left and right, but rather about the exacerbation of nationalism. leaders passed from being subjected to the interests of “the caste” ("a plot of privileged pressure of demonstrations against theirs people who kidnap democracy in Spain") Catalonia is one of the richest regions of cuts in public services to take the lead in and the ordinary people, whom they Spain (with a population of 16% of the demonstrations in favour of independence, represent (without a doubt, they know the country concentrates 19% of GDP) and one although it was achieved at a high price: book by Gian Antonio Stella and Sergio of the most prosperous regions of Europe the disappearance of CiU as a moderate Rizzo, 2007: La casta. Così i politici italiani along with Lombardy, Rhône-Alpes or nationalist party (ruined by corruption) and sono diventati intocabili). Baden-Württemberg. In addition, it is a its transformation as an unequivocally region that has some of the highest levels independentist party (it changed its name Never in history has an extra-parliamentary of self-government in Western countries. to Democratic European Catalan Party, NEWS political party had such a daily presence in It is responsible for the main public services PDeCAT) and, above all, the destabilisation the channels of the television oligopoly. The such as health, education and welfare, in of the whole political system. The Catalan campaign for the 2014 European elections addition to managing prisons, its own police government’s strategy faithfully fulfils the was made: in those elections Podemos got and a wide public radio and television patterns of subversion of democracies: 1.2 million votes (8%) and 5 seats. The huge network, whereas just 9% of the more than first, a crisis occurs. Second, an enemy is public presence of the leaders of Podemos 300,000 public employees who work in found ("Spain steals from us"). Third, on television gave revenues: despite the Catalonia are not directly managed by the identity politics is exploited on the ground unpopularity of the central government, the Catalan government. of nationality, culture or the collective PP remained the first Spanish political party. rights. Finally, institutions are nobbled and The political victims of the irruption of This broad management capacity has been put at the cause of service. Podemos are, Izquierda Unida (coalition led possible thanks to the decentralised by the Communist Party) and, interestingly, framework of the Constitution of 1978 and It must be said at this point that all the the main adversary of the PP, the Socialist the Catalan Statute of 1979, which were countries of continental Europe do not Party, which obtained the worst result in its strongly supported via referendum by the allow the holding of referendums of history (3.6 million votes and 23 %) in Catalans at the time, and the Statute of secession (the most recent examples are European elections. The subsequent turn to 2006, which deepened Catalan self- the judgment of the Italian Constitutional 13 the left of Podemos’ discourse will government despite a controversial ruling Court of 2015 on the Veneto and that of accentuate the crisis of the Socialist Party, of the Constitutional Court that declared the German constitutional court of 2016 which will also obtain the worst result of its unconstitutional one Article and against the request for a referendum of history in the Spanish parliamentary subsections of another 13 out of a total of independence in Bavaria). However, in elections of 2016 getting 5.4 million votes 238 Articles. In any case, the level of Spain these restrictions do not operate to and just a 22.6% of support. regional self-government reached in Spain the extent that all articles of the (and especially in Catalonia) is Constitution can be reformed, with the sole However, Podemos is not the only political extraordinary from a comparative condition that they are subject to legality party that emerges from the general anger perspective according to the OECD, which (as the Venice Commission requires in its of the Spaniards and that contributes to considers Spain the seventh country in resolution 762/2014 on the referendum in the deterioration of the two-party system. decentralised fiscal power and the first in Crimea). In this sense, according to the Founded in 2006 in Catalonia, Ciudadanos intensity of decentralisation between Spanish Constitution, “the political (Citizens) emerged as a Catalan party 1995 and 2004 (2). decisions of special importance can be against ethnic nationalism and the submitted to all citizens in a consultative corruption of the nationalist government, However, the economic crisis that began in referendum on the President of the making the leap to the rest of Spain as a 2008 also strongly affected Catalonia, Government’s proposal after previous centrist political force of diffuse ideology whose government implemented huge cuts authorisation of the Congress” (article 92). (which first embraces social-democratic in public services to a much greater extent ideological elements, and liberal ones later than the rest of the autonomous Thus, between 2014 and 2017, four on) that tries to give an answer to the communities, which provoked numerous different types of consultations were held triple Spanish crisis from the reformism demonstrations against the policy of the in Catalonia: the Catalan government and not from the rupture with the system Catalan nationalist government. In parallel, called a non-binding referendum on the and putting first the defence of the the pressure of the judges for corruption independence of Catalonia in November individuals' rights over those of groups, as in public procurement and illegal financing 2014 that was permitted by the central nationalism does. In the 2014 European against the leaders of the incumbent government although rejected by the elections its results are, however, more political party (Convergence and Unity, Catalan constitutionalist parties. In it, modest with half a million votes CiU, governed 31 years out of the 38 years those over 16 years and foreigners were representing 3.1% of the total and getting of Catalan autonomy and developed a wide able to vote, but turnout just reached 37%. two MEPs. clientelist network), pushed the Catalan government to blame the regional financing (2) Fiscal Federalism, OECD, 2016. The consolidation of Podemos and system and to demand another one that

EUROPEAN REVIEW ON PUBLIC ADMINISTRATION EUROPEAN REVIEW ON PUBLIC ADMINISTRATION - N°3 - JUNE 2020 14 NEWS

parliamentary rightsof theopposition and 7September2017)restrictingthe (6 days two just In Court). Constitutional Statutory Guarantees (akindof Catalan Parliament of Council ofthe those and Catalanthe of reports legal the Court, to ignoretherulingsofConstitutional Constitution andtheCatalanStatute independentistsSpanishtoviolatethe This “legitimacy” was waved bythe (Tarragona andBarcelona). strongerwhere constitutionalismis urbanones most the prejudices and Girona) less populated provinces (Lleidaand the favours consequence in and ones urban against constituencies rural overrepresents Parliament that law electoral an to due although theygot72outof135seatsinthe the votes(35.5%ofelectoralcensus), of 47.7% obtained parties independence pro- The turnoutwas77.4%andthe of "plebiscitaryelections" on independence. value the gave it which to election an call dissolved theParliament anddecidedto In September 2015theCatalanpresident administration and civil society have civilsociety and administration enormous, generating deficits, butthe Germany. in been have challenges The life societal and political affected deeply others, Angela Merkelmadeadecisionthat by criticised and some by Applauded about 186,000peoplearrived. 890,000 in2015,280,0002016.In2017, then, Germanyhashostedmanyrefugees: through Austria. ishistory. rest The Since basis” coming to Germany from Hungary thousand refugees “on anexceptional German Chancelloragreedtoletinseveral emergency,humanitarian a Fearing the Europe faced a massive influx of refugees. decision, takeninSeptember2015,when Merkel’s words, whichstand for her translate German Chancellor Angela „Wir schaffen das!“ There is no needto territorial cohesion in Europe. territorial cohesion inEurope. European integration andstrengthening therebycontributes todeveloping cooperation intheUpper Rhineand Institute supports cross-border binational training entity, theEuro- organisation created in1993. As a The Euro-Institute is aFranco-German MIGRANT RECEPTIONPOLICY EUROPEAN REVIEWONPUBLIC ADMINISTRATION by public authorities and civil society by public authoritiesandcivil Refugee reception in Germany Senate as foreseen by the article 155 of of 155 article bythe foreseen as Senate granted bytheoverall majority of the approval following government, central The 27 October declared theindependence. on and census) electoral potential the of 36.6% the is (that 42% of figure turnout agave officials Catalan the it), stop to over-reaction ofthenationalpolicetrying the added was it which (at irregularities of plenty and guarantees democratic Although without an official census, without time) bindingreferenduminOctober2017. (this another call to decided government Under thesepremises,theCatalan prepare theconstituentprocess. and representativesofthecivilsocietyto rulers of organ mixed a foresaw and one power wassubordinatedtotheexecutive authoritarian Stateinwhichthejudicial Catalan Republic”, thatdesigned an “law forthetransitionandfoundingof referendum ofself-determination”andthe the “lawfor laws: two passed Parliamentthe seats), in minority a being (representing mostoftheCatalansalthough plays an important role. Refugees role. important an plays are and municipalities. Citizen engagement the levels of the Federation (Bund), Federation ofthe levels the between shared are responsibilities Indeed, federalism. German reflects that refugees of reception for procedure three-tier a has Germany that noted be should It German federalism reflects that process three-tier A coordination and innovation capacities. coordination andinnovationcapacities. developed considerable management, coordination and innovation coordination andinnovation considerable management, considerable management, administration and civil administration andcivil society have developed society havedeveloped “Challenges have been “Challenges havebeen enormous, but the enormous, butthe capacities.” Länder

democracy. andliberal stability institutional threaten have arrivednationalismradical and and among theEuropean democracies. Populism exception an longer Definitely, no is Spain racist andxenophobicpolitician. Torra as president, arightist andopenly theirparliamentary majority toinvest Quim Yetassertedparties independentist the of Ciudadanoswith25.4%thetotalvotes. victory the and parties constitutional the census) against themajority obtained by electoral the of (37.8% votes the of 47.5% 79%, theindependenceparties obtained Withhalves: two in society of turnout a Catalan of fracture a repeated, revealing In thoseelections, theresultsalmostwere to beheldinDecember2017. government andcalledregional elections interest”,dismissedCatalan the general the to prejudicial seriously governing communityactsinawaythatis the Constitutionfor casesinwhich“aself- landlords to rent out flats to asylum to flats out rent to landlords for apartments andarealsocallingon looking actively are Cities homeless. being newcomers topreventthesepeople from municipalities to provide housing for apartments. Then, itis up to the seekers live incollective dwellings or asylum period, Duringthis months. of 24 of thedistricts (Landkreise) for amaximum seekers areplacedundertheresponsibility After amaximumofthreemonths,asylum Länder when refugees are forced to leavethe municipalities. with over take latter The cooperation in follow-up, the ensure part, these applications. The Länder, for their Bund, theFederation, is responsible for they can file their asylum application. The where are structures reception first These and haveamedicalcheckup. structures where refugees are registered centres. reception are large are These 21.21%. At thelevelof theLänder of thelargestnumber of refugees, i.e. in 2016,NorthRhine-Westphalia tookcare Thus, . Länder ofdifferent revenues tax the to according calculated is which Schlüssel, distributionsystem,the a to according Länder the in distributed

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EUROPEAN REVIEWONPUBLIC ADMINISTRATION -N°3 JUNE 2020 MIGRANT RECEPTION POLICY MIGRANT RECEPTION POLICY

seekers. At this stage, volunteers organised training and professional qualification, but Germany, faced with a lack of skilled labour, in refugee support networks are also also to the recruitment of integration needed these people, presumably qualified involved in supporting adapted housing officers who are now available in many to quickly integrate in the labour market. searches. municipalities. This hope turned out to be largely an illusion. If we take the example of Syria, When, especially since 2015, the number In many cities and towns, networks of studies show that more than 50% of refugees of arrivals has increased considerably, a volunteers have been formed. They support do not have a secondary education diploma wave of solidarity has been observed across municipalities, especially for the integration (cf. Bundesinstitut für Berufsbildung). As Germany. We remember the images taken, of asylum seekers. In Kehl, a town of 35,000 regards language skills, asylum seekers who for example, at the Munich train station, inhabitants near the border between speak German are extremely rare (around where families welcomed refugees with France and Germany, a circle of volunteers 2%). About a third of newcomers say they gifts; this was a nice gesture, but the real has formed. This network, which in 2017 speak English (see www.tagesschau.de) support for the newcomers started later. had a hundred volunteers for about 500 according to a study by the Bundesamt für refugees, acts in close cooperation with the Migration und Flüchtlinge. The occupational To gain a foothold in their new environment, officials of the municipal administration. activities of refugees are concentrated in refugees need effective help. Their There are numerous and diverse activities; a few occupations and branches, and in integration into German society is supported apart from the support of language courses most cases are at a low or medium level of by the measures of the public authorities, and homework support, volunteers assist qualification (cf. Bundesamt für Migration for example by integration courses families to help them find their way in und Flüchtlinge). This shows that substantial (Integrationskurse) offered by the Bund German society. Other projects in focus are effort is required to support these people NEWS authorities. However, this is not a recent swimming lessons or the group of volunteer in their qualification so that they can enter arrangement; integration courses have interpreters, made up of people who speak the job market. It therefore seems been available in Germany since 2005. at least one foreign language and help those necessary that a difference be made These courses consist of a part dedicated who do not speak German or their language between asylum seekers who need to language learning and another whose skills are very basic. protection and migrants who come to objective is orientation in German society. Germany to fill vacancies. For this, Germany As a general rule, 600 hours of lessons are Substantial efforts are needed needs a new law to regulate immigration provided for beneficiaries. to support these people in their (Einwanderungsgesetz). In 2016 and 2017, qualification so that they can the Social Democrats and the Greens The municipal level, largely responsible for enter the labour market presented drafts for such a law. According accompanying refugees, makes considerable to its supporters, the goal of a new efforts, in cooperation with civil society, to One of the difficulties that currently mark immigration law would be to promote support the Länder. Baden-Württemberg, the discussion in Germany is certain Germany as a modern country that could for example, has provided municipalities confusion regarding the status of attract skilled workers. This would be a with EUR 320 million as part of the Pact for newcomers. At the height of the crisis, strategy completely separate from the right Integration (Pakt für Integration). This humanitarian aid was at the forefront, but to asylum. 15 amount is dedicated to the housing of many representatives of the political and asylum seekers, measures concerning economic world were convinced that

Turning green? The Renewable Energy Sources Act and citizen ownership of RE plants in Germanye Benedikt FRANZ, Linda WALLBOTT et Heike BOEHLER Technische Universität Darmstadt, Germany (1)

In the early hours of 1 January 2018, not proceeded in a linear way. Hence, in which entered into force in 2000, Germany was able to cover 95% of its this contribution, we want to follow up on guaranteed a feed-in tariff for RE. electricity de-mand from renewable the question which goals have actually energy (RE)(2). Seven years earlier the driven the ener-gy transition in Germany, German government announced the plan and which historical pathways have led to for an ambitious policy shift – the so-called its development. (1) This contribution has partly been facilitated by the Energiewende, whereby it would shut research project “GreeTS: Green Transformations in down all nuclear power plants by 2022 and A first milestone within this policy field the Global South“ (www.greets-project.org), that is limit electricity generation from fossil fuels was the national Electricity Feed-in Act financed by Volkswagen Foundation, Riksbankens to 20% by 2050. Today, 9 out of 10 citizens (Stromein-speisungsgesetz) of 1991. It Jubileumsfond and Wellcome Trust as part of the initiative “Europe and Global Challenges“. support the statement that the use and introduced feed-in laws for electricity (2) http://www.spiegel.de/wirtschaft/unternehmen/ expansion of RE is “important” or “very generated by renewables, guaranteed the erneuerbare-energien-oekostrom-verbrauch-steigt-auf- important”. Thus, it is fair to say that it is feed-in of energy into the grid and coupled rekordhoch-a-1186312.html (accessed 15 April 2018).. (3)) socially strongly accepted . However, at the remuneration for RE producers to (3) https://www.unendlich-viel-energie.de/themen/ the same time, the design and consumer prices. In contrast, the akzeptanz-erneuerbarer/akzeptanz-umfrage/ implementation of RE polity has also come Renewable Energy Sources Act akzeptanzumfrage2017 (accessed 19 April 2018). with contestation and trade-offs, and has (Erneuerbare-Energien-Gesetz, EEG),

EUROPEAN REVIEW ON PUBLIC ADMINISTRATION EUROPEAN REVIEW ON PUBLIC ADMINISTRATION - N°3 - JUNE 2020 16 NEWS to a“heterogeneous spectrum” for smaller actors to participate, leading possible it oflevelmade security high that a ensured law the years, for20 remuneration plants. By legally guaranteeing afixed plants withahighshareof citizen-owned ofRE structure ownership pe-culiar a to Concerning participation,theEEGhasled biomass andphotovoltaic (solar) coming fromwindpower,main share between 2000(6%)and2017(36%)withthe electricity consumptionin-creasedsix-fold example, theshareofrenewablepowerin been deemedhuge success, as, for capacity, production andinvestment has The impactof theEEG interms of RE of REplants the startofEEGand ownership prices: fixed and effort Collective transformation energy democratic ina participation acceptance andcitizen ofsocial demands societal to responds Third, con-cerning participation, theEEG prices. electricity affordable as well as emergent REsector and jobcreationinthe include thepromotion ofeconomicgrowth adheres toasetofeconomicgoals. These EEG the Second, ofREproduction. share greenhouse gasemissionsbyincreasingthe environmental purpose to reduce policy. First,theEEGservesan the achievement of sustainable energy transition and,iftakentogether, promise energyof dimensions participatory theand eco-nomic environmental, goals. These three goals concern the competing potentially ofunderlying, set by a EEG inparticulararebacked the and The Germanenergytransitioningeneral, region where theplant is located votes, and(4)theyreside inthesame project, (3)investorsholdatleast50%of investors significant control over the made withequitycapitalthatgrants the areinvestments (2) corporations, large excluding entities, orlegal enterprises made by private persons, agricultural basis offourcriteria:(1)investmentsare the on defined be can ownership citizen Generally, REsystems. citizen-owned of representation strong the is Germany in Thus, aparticularfeatureoftheREsector producers ofelectricity landscape “diversified” between thosethreedimensions. balance adequate for an struggle a as EEG’s developmentcan thus beinterpreted in 2012, ca. 34% were citizen-owned in the in 2012,ca.34% were citizen-owned inthe RE capacity installed MW 73,000 Of roughly businesses andprofessionaldevelopers and companies industrial companies), institutional investors (e.g. insurance those that are built or financed by utilities, are plants non-citizen-owned contrast, ENERGY TRANSITION EUROPEAN REVIEWONPUBLIC ADMINISTRATION (7) . . (6) (4) anda (8) . The . The . In (9) (5) . . environmental goals thus opened a debate environmental goals thusopenedadebate instrument. towards progress The increase inthe economic costs of this a steep expansion ofREwascoupledwith huge successoftheEEGinenhancing the and economic goals became visible: The Here, atrade-off betweenenvironmental rising costsof(renewable)electricity. on debate heated offa set development increase of47%comparedto2012 an constituted which c/kWh, 5.3 almost to surcharge the set Operators System surcharge the in increase sharp bya accompanied by59% increased generation electricity renewable 2013, to From2009 2009. in cent/kWh peryear)reaching1.3 surchargemoderatelyrisen(roughly had 0.1 MWh. 96,000 about to amounted The the production of renewable elec-tricity and thesurchargefor consumers.In2009, in tariff, thereby increasing theoverall costs producers wereeligibletoreceivethefeed- renewable elec-tricity increased, more for exemptions. As theproduction of canapply industries energy-intensive called so- but consumers, electricity paid byall The feed-in tariff is financed by a surcharge the 2014reformofEEG More flexibility and less financing: citizen-owned RE projects of the EEG follows. citizen-owned REprojectsoftheEEGfollows. major legaladjustmentswithregardto owners. A shortoverviewofthemostrecent plant REof a changinglandscape to lead the support scheme for RE could, however, roughly 47% roughly was share –the investments transregional e.g. including – sense wider the In sense. narrower transition in general, and the transition ingeneral,andthe EEG inparticularare backed potentially competing goals. potentially competinggoals. participatory dimensions of participatory dimensionsof taken together, promise the achievement of sustainable achievement ofsustainable These three goalsconcern energy transitionand,if by a set of un-derlying, by asetofun-derlying, The Germanenergy the environmental, economic and the economic andthe (11) (10) energy policy . In2013,the Transmission . Recent legal changes affecting . Recent affecting changes legal (12) . This . This of 40–45%by2025and55–60%2035 proceed incre-mentallyandreachashare should RE of expansion the formulated: these goals, several provisions were a fixed cap – the law made it economically introducing actually – andwithout Thereby renewables andthemarket betweenlinkagessubstantiate the the expansion ofrenewablesto and control bettertocosts,exploding seemingly reform were, among others, to limit the thus reformed in2014. The goals of the was EEG the negotiations, complex After transition. on theeconomicchallengesofenergy rapidly more decreases tariff feed-in the wind), (e.g. 2400–2600MWannuallyfor onshore capacity thantheceiling value is added more If levels: expansion actual to tied decrease ofthefeed-intariff wasthereby biomass. and forwind introduced The energy, photovoltaic for place in was A “flexible ceiling”, that had already been

In: Wirtschaftsdienst, 94/9. der erneuerbarenEnergiennachEEG-Reform 2014. 2018). blob=publicationFile&v=15 deutschland-1990-2017.pdf?__ entwicklung-der-erneuerbaren-energien-in- de/EE/Redaktion/DE/Downloads/zeitreihen-zur- https://www.erneuerbare-energien. via Consultable p.4. Deutschland, in Energien erneuerbaren Deutschland, p.35f. in Bürgerenergie von Marktanalyse und Definition Raumentwicklung, 9/10,475–490,p.476. Entwick-lung. In:Informationen zur regionale und Bürgerinvestitionen Energiewende, lag Göttingen,p.93. Energien inDeutschland.Göttingen:Universitätsver- wicklung der Stromproduktion auserneuerbaren (2009): 42 –51. German EnergyTransformation.In:Policy, 95, are driving theEnergiewende? Makingsense of the Flachsland, Christian/Joas,goals Which Amani(2016): Michael/ Fabian/Pahle, Joas, see transition, that havebeenbeattributedtotheGermanenergy erneuerbare-energien.html (accessed1May2018). (15) (14) (13) (12) (11) (10) (9) (8) (7) (6) (5) (4) November 2018). 9 (accessed Infografiken/Energie/eeg-umlage.html blob=publicationFile&v=9 (accessed4May2017). infobroschuere-bf.pdf?__ Hintergrundinformationen/eeg-2014- energien.de/EE/Redaktion/DE/Downloads/ Accessible viahttps://www.erneuerbare- Energiewende gestrichen:Nachteile,p.6f. §1 (2).

Ibid., p.35f. Mautz, Rüdiger/Byzio, Andreas/Rosenbaum, Wolf Mautz, Rüdiger/Byzio, Andreas/Rosenbaum, Wolf https://www.bmwi.de/Redaktion/DE/Dossier/

Trend:research/Leuphana Universität(2013): For a detailed empirical analysis of various goals For adetailed empirical analysis of various goals Erneuerbare-Energien-Gesetz (EEG 2014), (EEG Erneuerbare-Energien-Gesetz Jakubowski, Peter/Koch, Annika (2012): Annika Peter/Koch, Jakubowski, Ibid., p.42. BMWi (2014): Wir haben etwas an der an etwas Wirhaben (2014): BMWi Gawel, Erik/Lehmann, Paul (2014): Die Förderung Gawel, Erik/Lehmann,Paul (2014):DieFörderung BMWi (2018): Zeitreihen zur Entwicklung der Entwicklung zur Zeitreihen (2018): BMWi https://www.bmwi.de/Redaktion/DE/ (15) Auf dem Weg zur Energiewende. Die Ent- Die Energiewende.zur Weg dem Auf . (accessed 1 November November 1 (accessed (13) . To achieve (14) .

EUROPEAN REVIEWONPUBLIC ADMINISTRATION -N°3 JUNE 2020 ENERGY TRANSITION ENERGY TRANSITION ENERGY TRANSITION

less attractive to add more capacity than those who advocated for a more decen- different results: Only 50 out of 396 bids the initial quantification. tralized approach towards the energy were submitted by citizen-led projects transition were still successful with a view (13%). Out of those 50 bids, 47 were The law furthermore floated the next to more spe-cific regulation, as citizen-led successful amounting to a share of 16% of stepping stone in terms of a shifting private- wind projects were granted certain all successful projects(23). public di-vide of the Energiewende: Since privileges. For instance, citizen projects are 1 January 2017, the remuneration for exempted from certain bureaucratic These results show that the design of renewables from large power plants is approval procedures ahead of the auc-tions. auctions probably has an impact on the rate defined through auctions and no longer As these procedures can be a long and costly of participa-tion of citizen-led projects, through public regulation. process, the provision was considered a while not necessarily determining how positive result of the overall development. these actually perform in the auctions. This Uncertain future of the Furthermore, the timeframe for the assumption is furthermore backed by the participatory transition: Auctions realization of a successful bid for citizen additional observation that the number of and citizen-led RE projects projects was extended by 24 months. new citizen-led associations had peaked in 2013 but that a downward trend set in Overall, the auction scheme introduced a These changes required the introduction of afterwards, with the number of newly fixed cap on the expansion of renewables. a legal definition of citizen-led wind found citizen-led associations declining to Every year, a fixed capacity is auctioned for projects, which until then did not exist. The roughly half of the peak value until 2016(24). different technologies. Producers bid for law mentions three qualifications: (1) at Yet, as indicated above, the definition of a this capacity by suggesting a price per kWh least ten individu-als must be members with citizen-led project continues to be a crucial NEWS for the capacity they plan to install. The voting rights or shareholders, (2) persons matter, as it implies the granting of certain bids are then ranked, starting with the residing in the area where the wind turbine privileges. cheapest offer, whereas only bids will be is planned hold at least 51% of the voting successful until the foreseen capacity is rights, (3) no member or share-holder holds Against these developments, it will be reached. more than 10% of the voting rights(19). interesting to observe whether the diverse ownership structure of RE plants in Germany Before the law was formally adopted, these The first three rounds of auctions for wind will continue to exist in the long run. What changes were strongly criticized in a joint energy that took place according to the seems clear, however, is that recent legal state-ment by RE associations, who plead new law included 747 bids in total, out of changes have the potential to bring about to “save the Energiewende”(16). They which 557 (i.e. 75%) were made by citizen- argued that the in-troduction of a cap for led projects ac-cording to the legal

the expansion of renewables was definition. Given the concerns voiced (16) Bundesverband Erneuerbare Energien e.V. (2016): environmentally and economically harmful beforehand, this outcome is rather Energiewende retten! Consultable via https://www. and put the German climate goals and jobs surprising. What was even more surprising bee-ev.de/fileadmin/Publikationen/ of the sector at risk(17). Furthermore, critics is that 185 bids by citizen-led projects were Positionspapiere_Stellungnahmen/20160510_ Energiewende_retten-Forderungsplattform_ 17 referring to the participatory dimension of suc-cessful, as opposed to only 13 bids by EEG2016_BEE-BSW-FVB-BWE.pdf (accessed 7 May the energy transition did not buy into the conventional actors. 93% of all successful 2017). prospects for realizing a “fair competition” bids were hence made by citizen-led (17) Ibid., p.2. (20) in the course of auctioning off, arguing that projects . However, a rather high (18) Bündnis Bürgerenergie e.V. (2015): Manifest des smaller stake-holders would be concentration of successful pro-jects in the Bündnis Bürgerenergie e.V. zu Ausschreibungen: Frei- disadvantaged. The Bündnis Bürgerenergie, hands of a few developers suggests that heit und Teilhabe nicht einschränken - Bürgerenergie an association of citizens and cooperatives these projects might not be genuinely citi- erhalten!, p. 5. Available at: https://www.buendnis- buergerenergie.de/fileadmin/user_upload/BBEn_ owning RE plants, highlighted several zen-owned i.e. that they are linked to other Manifest_Ausschreibungen_04122015.pdf (accessed disadvantages of the proposed reform: It entities, while still fulfilling the legal 4 May 2017). pointed to new additional bureaucratic criteria in order to benefit from the (19) Erneuerbare-Energien-Gesetz (EEG 2017), burden for citizen-led projects, which privileges for citizen-led projects(21). § 3, (15). mostly relied on volunteering work. (20) https://www.bundesnetzagentur.de/SharedDocs/ Furthermore, in contrast to bigger players, Besides, the auction system introduced Downloads/DE/Sachgebiete/Energie/Unternehmen_ smaller projects could not ben-efit from another element of a possible trade-off in Institutionen/Ausschreibungen/Hintergrundpapiere/ economies of scale. Finally, participating this regard: As mentioned above, citizen- Statistik_Onshore.xlsx?__blob=publicationFile&v=4 (accessed 30 October 2018). in auctions would always come with in- owned projects, as opposed to other (21) Schomerus, Thomas/Maly, Christian (2018): Zur creased risk and insecurity in terms of projects, did not require completing the Vergangenheit und Zukunft des Erneuerbare- rewards; this could not be absorbed by administrative approval procedures ahead Energien-Gesetzes. In: Holstenkamp, Lars/Radtke, smaller actors easily. The Bündnis of the auctions in 2017. Hence, it is possible Jörg (ed.): Handbuch Energiewende und Partizipation. Bürgerenergie therefore suggested the that implementation might be hampered Wies-baden: Springer, 1117–1133, p. 1127. exemption of small projects (smaller than at a later stage, when successful projects (22) Ibid. 1 MW, for wind energy 6 MW or six plants) might not be realized due to various (23) https://www.bundesnetzagentur.de/SharedDocs/ from the suggested mechanism(18). obstacles in the course of the approval Downloads/DE/Sachgebiete/Energie/Unternehmen_ (22) Institutionen/Ausschreibungen/Hintergrundpapiere/ process . Statistik_Onshore.xlsx?__blob=publicationFile&v=4 But this demand was only partially (accessed 29 October 2018). considered and no general exception for These doubts led to further reforms: The (24) Kahla, Franziska/Holstenkamp, Lars/Müller, Jakob citizen-projects from auctions was agreed. privileges of taking part in an auction R./Degenhart, Heinrich (2017): Entwicklung und Rather, all plants with a capacity exceeding without having completed the administrative Stand von Bürgerenergiegesellschaften und 750kW (wind and pho-tovoltaics) and 150 approval process and the longer realization Energiegenossenschaften in Deutschland, p. 13. Available at https://mpra.ub.uni-muenchen. kW (biomass) must participate in auctions, timeframe for citizen projects were de/81261/1/wpbl27_BEG-Stand_Entwicklungen.pdf which means that some citi-zen-owned revoked for the auctions in 2018. And (accessed October 29, 2018). projects will have to do so, too. However, indeed, the four subsequent auctions held

EUROPEAN REVIEW ON PUBLIC ADMINISTRATION EUROPEAN REVIEW ON PUBLIC ADMINISTRATION - N°3 - JUNE 2020 18 NEWS poverty are widely recognised widely are poverty serious healthconsequences of energy the the importanceand problem of the definition, European common no is there heating. indoor adequate have not Although people areaffectedbyfuelpovertyanddo Europe, 2014)between50and125million Performance (Buildings Institute Institute Europe. BPIE bythe study a to According in problem major a is poverty Energy stakeholders through collaborative action bydifferent problems environmental and/or social complex solve to solutions effective and process ofdevelopingconcepts,strategies On theother hand,social innovation is a 24.4% forlow-income people. to rose figure this and home at heating sufficient have to unable was population European total the of 10.8% 2012, In without defects(leaks,dampwalls,etc). of payingtheirbillsandtoliveinhousing impossibility the enough, warm housing their related totheinabilityofpeoplekeep energy poverty, usesindicators thestudy 2017 of beginning the in operating started (solar) and8,4centsforwindplantsthat set out8,9centsforsystemsupto750kWp that tariff feed-in former the from prices auctions so far haveledto decreasing economicdimension:the include The policy shouldalsoconsidertrade-offsthat RE of ef-fects of the judgment overall the of REplants. Additionally, adiscussionon acceptance public forexample regarding have, projects citizen-owned effects that years, also concerning thewider societal Energiewende willheadover thenext German the where of questions the observations outlined above. This also begs the by at hinted be might as structure, significant changesintheownership answer is Yes: according to publications and management of energyresources? The and use equitable more for strategy a as fuelpovertyCan stimulatesocial innovation economic andenvironmental goals. synthesis ofsocial,for a responsibility and creativity andpromotes institutions, leads to changes inbehaviour and well-being of people. Social innovation “designed byandfor society”toservethe ENERGY TRANSITION EUROPEAN REVIEWONPUBLIC ADMINISTRATION (25) to 4.7 cents (solar) and 6.3 cents cents 6.3 and (solar) cents 4.7 to (2) . Social initiatives must be . Social initiatives mustbe the Greekcase on reflections crisis: of times in poverty Social innovationinresponse toenergy (1) . To measure sustainable energytransition. and successful ofa dimensions ticipatory environmental, economic andpar- the reconcile to struggle constant of a scale. Overall,theEEGremainsatheart the costs of introducing RE on alarger a heterogene-ousownershipstructureand might actuallyentailatrade-offbetween on REpolicy–thatthechangesinEEG – whichmightalsoinform futureresearch Hence, weconclude withtheassumption about futurepricedevelopments. the different auctions leadingto uncertainty between observed be can prices of volatility poverty affected byfuel poverty. It notes presentsofriskshareofpeopleat the the three indicators of fuel poverty, BPIE study,The average of the on based Greece in Energy insecurityintimes ofcrisis auction in October 2018 inOctober auction (wind) per kWhon average inthelast local communities and users. local communitiesandusers. increased participation of stakeholders, and models development alternative propose to possible it makes sector world, social innovation intheenergy practices already developed around the the problem in a global way the problem inaglobalway and be able to adapt to the and beabletoadaptthe environmental and social environmental andsocial aspects in order to tackle aspects inorder totackle groups and to people in groups andtopeoplein needs ofdifferent social social policy should social policyshould A ssociate combine energy, An innovative An innovative poverty. P rofessor (26) , , the . However, a P

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(accessed 10May2017) Wind_07_2018.xlsx?__blob=publicationFile&v=3 VOeFF_Registerdaten/EE_Foerderung_ ErneuerbareEnergien/ZahlenDatenInformationen/ Sachgebiete/Energie/Unternehmen_Institu-tio-nen/ bundesnetzagentur.de/SharedDocs/Downloads/DE/ blob=publicationFile&v=2 ethttps://www. DegressionsVergSaetze_Mai-Juli18.xlsx?__ ZahlenDatenInformationen/PV_Datenmeldungen/ Institu-tio-nen/ErneuerbareEnergien/ Downloads/DE/Sachgebiete/Energie/Unternehmen_ (26) (25) node.html (accessed1November2018). Institutionen/Ausschreibungen/Ausschreibungen_ Sachgebiete/ElektrizitaetundGas/Unternehmen_ respiratory problemsandcirculatoryproblems. disabilities, ofmental development the deaths, (2) (1) collaborations" (European Commission2013,p.6). social needswhichcreatenewrelationships orsocial to response models)in services, (products, ideas ofnew andimplementation development as "the The European Commission defines social innovation Energy poverty has affected the number of winter Energypoverty hasaffectedthenumberofwinter

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EUROPEAN REVIEWONPUBLIC ADMINISTRATION -N°3 JUNE 2020 ENERGY TRANSITION ENERGY TRANSITION ENERGY TRANSITION

It should be noted that in Greece, 1.5 based on energy efficiency and quality the economic benefits of energy million households experience fuel poverty, measures environmental; d. Reorganisation conservation in a win-win situation. The the total income of these households not of the Energy Poverty Observatory and promotion of collective systems and energy exceeding EUR 15,000 per year. promotion of its interaction with the EU associations (both at the building level and Observatory. at the neighborhood level where energy Most of the national social policies, savings can be optimised) can be achieved indirectly related to the fight against fuel Three areas are important to address the through information campaigns for landlords poverty, take the form of subsidies: the phenomenon: a) information and education and tenants. social electricity tariff of the Hellenic b) energy efficiency of buildings and c) the Public Power Company, the supply of free use of renewable energies. Use of renewable energy) electricity (until 300 kWh in 2015) for households experiencing difficulties in Information and education The use of renewable energy can contribute paying their energy bills, housing allowance in many ways to the fight against fuel or heating allowance. The most important Measures to change the behaviour of poverty, ensuring energy security and policy to combat energy poverty was the tenants can significantly reduce final energy affordable prices for citizens. This objective Energy Efficiency Programme for Residential consumption, placing citizens at the heart can be achieved through the improvement Buildings, which proved ineffective due to of the solution by progressively moving of self-generation and self-consumption bureaucracy, limited budgets and poor from being a user to being an informed and policies from renewable energy sources governance. This policy has not produced active consumer. Training and certification (initial investment cost schemes, low valid or long-term results. of unemployed, recent graduates and interest loans or available loans), training NEWS young scientists as energy consultants could of stakeholders and creation and promotion This article looks at specific proposals to facilitate their access to the labour market of energy co-operatives, producers and at combat energy poverty in Greece, beyond and the provision of advice on energy the same time suppliers of renewable the allocation of new subsidies. These consumption to vulnerable households. energy at affordable prices. The launch of solutions take into account the complex Other actions may include a web platform schemes such as the "energy contract with nature of the phenomenon and seek durable and national or municipal telephone line consumers" and the "guarantee of origin"(4) solutions to indirectly increase household for energy use advice. will empower consumers at the centre of income, with the aim of simultaneously the energy system contributing to national and EU objectives Improving energy efficiency of in environmental protection and climate buildings Epilogue change. In addition, the development of a new coherent and comprehensive strategy Improving the energy efficiency of An innovative social policy should combine to eliminate energy poverty is considered residential buildings is of strategic energy, environmental and social aspects extremely important. This strategy must importance. Energy retrofits require a in order to tackle the problem in a address the social, environmental and larger initial investment, which vulnerable comprehensive way and to be able to adapt energy aspects holistically and this can be households cannot afford. To increase to the needs of different social groups and 19 achieved by the following steps: a. Official investment rates on energy efficiency people in poverty. To this end, a new definition of energy poverty based on EU measures, an advisory body(3) could provide strategy favouring green, smart and frugal experience and modern approaches in this information and advice and thus contribute cities, integrating buildings into changes in field; b. Definition of appropriate indicators to the use of EU funds by drawing up action the energy model and emphasising the for measurement and monitoring, plans. At the same time, energy performance synergies between different stakeholders, incorporating quantitative and qualitative contracts could be used, together with remains to be invented! criteria; c. Preparation of a medium and other funds or low-interest loans, for long-term national roadmap to eliminate energy retrofits of homes for vulnerable (3) The Energy Poverty Observatory, for example. energy poverty through social policy based households. Energy service companies (4) Which guarantees consumers the right to know on an innovative "green" and "frugal" vision, (ESCOs), owners and tenants could share where the energy consumed comes from.

Energy transition and the Rifkin report in

Luxembourg Franz CLEMENT PhD in sociology (Luxembourg Institute of Socio-Economic Research - LISER)

Energy in Luxembourg low cost of fuels) are the two main criteria decided by mutual agreement to liquidate behind this ranking. But this situation is the company and proceed with the final Luxembourg, a small country of 2,586 km2, changing rapidly in recent years, thanks to closure of the combined-cycle gas turbine is one of those states whose energy sector the development of renewable energies power plant located in Esch-sur-Alzette. is mainly based on imports. In 2013, and the improvement of energy efficiency. After looking for a buyer in vain, the Luxembourg accounted for barely 0.3% of Since Luxembourg does not have fossil shareholders felt that the production unit the EU's primary consumption.(1) resources, it is highly dependent on energy no longer offered the prospects of imports. They represented close to 100% profitability to keep it in the market despite In its 2015 Energy Architecture Performance for the year 2000. the interesting location of the power plant Index (EAPI) report, the World Economic at the crossroads of Luxembourg, French, Forum ranked the country 29th.The strong In 2001, the construction of the CCGT Belgian and German grids, its powerful energy dependence and CO2 emissions, power plant Twinerg reduced the rate to technical characteristics, its impeccable greatly amplified by fuel tourism (given the 98%. However, the shareholders of Twinerg maintenance status and the successive

EUROPEAN REVIEW ON PUBLIC ADMINISTRATION EUROPEAN REVIEW ON PUBLIC ADMINISTRATION - N°3 - JUNE 2020 20 NEWS savings. promote energy efficiency andenergy national territory. Inaddition, itaimsto development ofrenewableenergiesonthe The governmentisworkingtosupport the - economic actors. competitivepricesenergyat for all to access to ensure works government The - efforts to diversify sources of energy supply. making is government the dependence, geographical excessive avoid to covered byimports. To ensuresupplyand energy supply:almostallneedsare itson dependent is largely Luxembourg - main objectives: The government'senergypolicyhasthree took off. energies renewable when 2000s the until not was it 1960s, the sinceavailable BWhile considered advantageousinLuxembourg. road transport andthetaxation of fuels intrinsically linkedtothedevelopmentof of themarket. This newgrowth was that ledtoapeak,in2005,cover64% productsfoundanewimpetus petroleum stagnation, Afterand aperiodofdecline crisis. oil first the of year the 1973, until the useof thisnewvector wasobserved in Continued growth derivatives. oil andits replaced byanother withmanyadvantages: Indeed, thisenergyvector wasgradually level. continued until2000toreachaminimum that phase declining a in already was vector this But market. the of 93% covered vector usedinLuxembourgwascoal,which If wegobackto the1960s,mainenergy continue withaslowdecline. to again reversed trend the when 2005, of growthfolloweduntilitsrecordyear 1983. until decreased gradually A wave new 1974. and 1960 consumption Thereafter between trend upward an registered first Luxembourg's gross energy consumption average levelof96%. of buildingsagainreduced therate to an energy development and energy efficiency In 2007,thecombinedactionofrenewable costs. efforts madetoreduceitsoperational he wrote together with his collaborators on on with hiscollaborators together he wrote presented on 14 November 2016areport Jeremyrenownedeconomist, Rifkin,the US The Rifkinreport To ensuresustainablesupplyofenergy. energy prices. To guaranteethecompetitiveness of supply. To of security strengthen and maintain ENERGY TRANSITION EUROPEAN REVIEWONPUBLIC ADMINISTRATION 3 model. social economy,the circular the finance, mobility, construction,food,industry, energy, ofdigitisation: development the to related issues following the addressed government to thiseconomist. Rifkin Luxembourg the from assignment specific Luxembourg. of Duchy Grand ais This the country: particular ina revolution mechanisms relatedtothethirdindustrial ofvarious possibleimplementation the Luxembourg's country: Wiltz, of the of capital has chosenapilotcitylocatedinthenorth To government Luxembourg's this, achieve level. national at produced energy renewable import ofenergyaccording totheshareof reducethe andfinallyto consumption so asto cover upto70%of itstotal energy renewable economically sustainable agreements, toexploit thefullpotentialof COP21 the of view in sector transport the in alternatives polluting less find to stock, achieved bytherenovation of thehousing potential for energy efficiency that can be suggested thecountry should tapits full In termsofenergytransition,Rifkin period of 10 to 15 years to implement the period of10to 15 yearstoimplementthe allocated EUR 700to 800million over a of Wiltz. town has government The lower the in sites brownfield redeveloping and upgrading at aimed concept Theproject consists ofglobalurbanisation a economy. privileging thecircular, socialandsolidarity and sustainability of terms in benchmark is to develop aninnovative project, hub initsregion.Inaddition, theambition municipality, attractive an becomes it sothat developing strategicallyandsustainablythe ofWiltz,municipality of aim the with forthe plan development integrative an of theWiltz -CAPital 2030framework. Itis Jeremy Rifkinhasproposed energy transition solutions energy transitionsolutions The latter has designated The latterhasdesignated (4) to the Luxembourg to theLuxembourg as a pilot project. as apilotproject. the cityofWiltz US economist US economist (5 government. government. ) Ardennes. The projectispart

leisure andmeetingvenuesfor residents. project. They willaimtoprovide spacesof urbanisation ofthe part integral an be renaturation oftheWiltz watercourse will creationofthe urbangreenspaces and new theas well as remediation, soil Thus, and energyenvironmental challenges. the currentgeographicallocation, mobility would aspiretointegrateissuesrelated planhousing new the that emphasised In thesame context, theproject leaders may eventuallybeexportedabroad. that models innovative new considering development. The government istherefore ofsustainable philosophy a with accordance for flooring andsports facilities in Tarkett company. solutions offers The latter ofthe set-up the to thanks Luxembourg in city pioneering a as considered WiltzIndeed, jobs. many alreadyis of creation the announce to file, housing government was able, inaddition to the implementation of itsreport, the this projectthough.Inthecontextof US economist Rifkin casts ashadow over homes willbebuilton8.3hectares. 220 school. Inasecondphase,anadditional host anewgeneral school andamusic the busstation.Itwillalso near buildings neighborhood mustalsoincludepublic mix. social real a within inhabitants The made availableinthemediumtermto1800 hectares allowing780housing unitstobe brand newdistrictcoveringanareaof25.5 The landprovidesfortheconstructionofa and theHousingDevelopmentFund Luxembourg Government,theCityofWiltz the with collaboration in out carried being to reach 10,000residents. The project is had 6533inhabitantsandby2030ithopes new districtsasfrom2021.In2015,Wiltz inhabitants shouldbeabletomoveinthe for late2018orearly2019. The first project. scheduled was work ofthe start The

Luxembourg, 3mars2017. Quotidien, jeudi26 janvier2017,p.18. 3 mars2017. (5) (4) (3) (2) (1) twinerg?author=Enovos, 3mars2017. sur-alzette-et-liquidation-de-la-societe-anonyme- definitive-de-la-centrale-turbine-gaz-vapeur-d-esch- shortcut/archives/article/2016/07/fermeture- revolution-FR.pdf, 23février2017. wp-content/uploads/2016/11/CC-brochure-3e-

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EUROPEAN REVIEW ON PUBLIC ADMINISTRATION EUROPEAN REVIEW ON PUBLIC ADMINISTRATION - N°3 - JUNE 2020 FEATURE 24 Opening feature loyal toRome. The Empirefellintodecay from allpeoples andtribesoftheEmpire sufficient network of soldiers and officials aon rely to able was deconcentration Rome, acentre, was the and the systemwasworkingaslong asthere roads. have analysed, As manyhistorians Roman ofpaved network ofthe quality the and admiration-speeddoubtlesslydueto to theperiphery compels astonishment The speed of sending orders from Rome time. scale ofthegovernancechallengeat today to show the spatial andpolitical countries beingquotedwiththeirnames in Egypt or Palmyra inSyria –all these or Carthagein Tunisia, oreven Alexandria Mauretania withVolubilis, Tipaza in Algeria as in such or enemies, territories, friends representativesof Rome overseasin the mention to Not South-East. Ukrainetothe in Moldova Sea Black the by North-Westthe inofChisinau andthat in border Scottish the at wall Hadrian the Empire: the of confines the marked that centuries of ourerawalls nearthetwo first the in Rome representing “official” theof responsibility administrative the Let ustryandimagineforabriefmoment kingdom, empireorrepublic. theirof periphery the in power central theof representatives decentralised model bydesignatingdelegatesor years havebeentryingtoreproducethis for2000 orpresidents emperors kings, (civitates). cities 22 ofstate, All heads Gallia Narbonensiswasthendividedinto inRome. Senate ofthe authority under the placed province, senatorial a became which province, ofthe administration the reorganising BC, 22 in concept 49BC.Emperor to reinforcedthe Augustus Caesar, proconsulofNarbonensisfrom58 organisation ofRome atthetimeofJulius deconcentration withtheterritorial most accomplishedexampleof Roman the doubt without offers antiquity OPENING FEATURE administration reform old reality, global trend inpublic recently coined concept, Deconcentration: EUROPEAN REVIEWONPUBLIC ADMINISTRATION and the deserts of the Muslim republics, and thedeserts oftheMuslimrepublics, of the Pacific Ocean, the ice of the Arctic Russian The borders the to empire colonial scarce probablybytheend. was ratherscarceinnumerical terms–too deconcentratedadministration Ottoman Romaniathe where Moldavia and decentralisation, especiallyinBulgaria, to close very deconcentration Empire. type of a chosen had empire This 1683, sufferedthesamefateasRoman thrust stopped atthewallsof Vienna in whoseOttomanThe westward Empire, Constantinople bytheOttomansin1453. of capture the until 1204, in Crusaders despite theepisodeofitsconquestby The Roman Empire of theEast survived, This openedthedoorto largeinvasions. services”. of“deconcentrated network more andmore distended nature of the ofthe aboveall,because and perhaps because ofthe weakening centre butalso, at the territorial level without at theterritoriallevelwithout find responsible counterparts find responsible counterparts inseparable. Deconcentration inseparable. Deconcentration competences must be able to competences mustbeableto equipped with the power of equipped withthepowerof having torefer tothecentre action and decision making action anddecisionmaking Nowadays decentralisation Nowadays decentralisation stakeholders vested with stakeholders vestedwith decentralisation: indeed, decentralisation: indeed, is essential to succeed in is essentialtosucceedin and deconcentration are and deconcentrationare new powers and new new powersand

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reform ( H on ) , EUROPEAN REVIEWONPUBLIC ADMINISTRATION -JUNE 2020 EUROPEAN REVIEWONPUBLIC ADMINISTRATION ‘deconcentrated services’”. ‘deconcentrated services’”. services’ shallbe replaced by referenceto‘external the and regulations, Republic: ofthe administration laws all “In territorial the on 1992 February of6 No92-125 Law ofFramework 1 in formalised was services Partof 3 Article laws, theconcept of deconcentrated Ten years aftermajor the decentralisation Futuna. Polynesia Caledonia, New orWallis and remained inoverseas territories such as butFrance (1982-1988) metropolitan Republic was inuse for only six years in revolutionary titleof Commissionerofthe ante control. The re-established ex and authorities local over supervision complete paradigmshiftwiththeendof decentralisation lawsbringabouta bodies indepartments.Infact,themajor and theactionofpublicservicesstate powers ofCommissionerstheRepublic ofout82-389 the 10May1982setting departments andregions andDecree No ofmunicipalities, freedoms and rights No 82-213of2March1982settingoutthe The lawof Year VIIIisattheheartofLaw administrative deconcentration. of state services indepartments and the powers of prefects, theorganisation on 1964 March 14 of 64-250 No Decree in prefecture. Itis still part of therecitals ofthe secretary-generals and prefects sub- prefects, to powers specific of 24 June 1950concerning thedelegation reference theretoinDecreeNo50-722of the In Republic,Third a still was there and hasneverbeencompletelyrepealed. This lawofthe Year VIIIisvery“modern” Ministry oftheInterior. mathematician thenincharge of the the byChaptal, was developedlargely two parts,24 Articles andan Appendix. It administration. revolutionary had law The level, with the aim of efficiency, of withtheaim level, public policies defined at national and EU implementorganise,coordinatetoand the resources andthecapacityofinitiative administration of theStatepower, the territorial levels of public “Deconcentration consists in entrusting to of deconcentration: definition excellent an provides 1 Article issue. the up sum to notice a version initial repeals the first decree and includes in its 2015 on thedeconcentration charter periphery. May of7 2015-510 No Decree competences fromthecentreto process oftransferringpowers and constitute akindofhistory ofthegradual 1992 on thedeconcentration charter July 1 of 92-604 No Decree of grounds The

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EUROPEAN REVIEWONPUBLIC ADMINISTRATION -JUNE2020 administration reform. subsidiarity andisaglobaltrendof public operational translationoftheprinciple centre. the to refer isthe transfer This at theterritoriallevelwithouthavingto the powerofactionanddecisionmaking withequipped counterparts responsible competences must beable to find new newpowersand with vested decentralisation: indeed,stakeholders Deconcentration isessentialtosucceedin deconcentration areinseparable. Nowadays decentralisationand decentralisation. was this Unit, Management Contract country's candidate the to entrusted deconcentration, if thefunds were the candidatecountry, thiswas in Commission ofthe antenna territorial Delegation of theEuropean Union, the from Brussels were managedbythe sent funds ifthe offunds: management of example the to thanks understood well been has concept the Union, European the to way the on countries acceding In devolution. find the English words decentralisation or competences. Intranslation,one thuscan other typesof transfer of powers and and oftenconfuseditinearly2000swith world hadahardertimeunderstandingit andadopted. understood The Anglo-Saxon its formulation, was immediately in recent relatively of deconcentration, states ofwrittenRoman law, theconcept In Europe andaround theworld, inthe stakeholders”. equity andproximity withusers andlocal territorial simplification, modernisation, OPENING FEATURE 25 FEATURE Opening feature FEATURE 26 Opening feature (2) public policies of andimplementation development the ensure to able longer no were authorities varying fromstatetostate,wherenational time, a at born was It decentralisation. thanolder organisation, administrative Deconcentration is anold mode of European Union. ofthe states ofvarious administration development andreformofdeconcentrated regional authorities cannot overshadow the and oflocal autonomy increased the The development of decentralisation and implemented, not necessarily bythe policies thatmust bemanaged and The strategicstatedeterminespublic management, efficiency and effectiveness. resources human tailor-made indicators, performance setting, goal - environment administrative the in applying and - account intotaking involves it world, business theEuropean Union.Borrowedfrom administration inmostofthestates reforms of thedeconcentrated inspireddoctrinewhich Management It islinkedtothespreadofNewPublic point. turning real a saw century twentieth the of decades two last the Nevertheless, territorial deconcentration. of pyramidalsystem the question into regional level. These changesdidnotcall the at increased particularly has and increase intheautonomy of local authorities state representative has followed the The strengthening of thepowers of the decentralisation. of in terms each reform Developments occurred,concomitantwith national territory. across the they hadtospeakinonevoice ministers: the to subordinated closely being representatives of thestate on theterritory thesystem, hierarchical and uniform a administration. Itwassetupaccordingto deconcentrated a in resulted users closer ties betweenadministration and decisions adaptedtolocal realities, the higher levels of thestate, theneedto make OPENING FEATURE the organisationofstate? prospects andchangesin in Europe: State ofplay ofdeconcentration EUROPEAN REVIEWONPUBLIC ADMINISTRATION (1) . The decluttering of the reliance on agencies. reliance onagencies. functional deconcentration withmassive of theregion,buttheyallimplementeda the regionallevel,followingassertion at tightened was which deconcentration are experiencing aterritorial states ofthe Europeanall in Union: they administration ofdeconcentrated evolution Thisobservation resultofconvergent is thea number of dissonances. are superimposed, leadingto acertain two the model; hierarchical the replace however, model, polycentric didnot replace unilateralityandconstraint negotiationcompromisewhich and in agencies. This leadstoapolycentricmodel but byother structures, notably the administrations, deconcentrated traditional long hierarchical modelthathasbeenstaticfor a on cases based most in administration States havebuilttheirdeconcentrated favour oftheregionallevel I – Territorial deconcentration in more thanone deconcentration principle there areregionalconstituenciesthattick because authority, or local a as identified regional level,eitherbecausetheregionis a with states concerns observation The at theregionallevel A – A representation refocusstate to desire at theregionallevel. organisation state integrated and tightened aof constitution the to led has region of theFederal State, applying the and reports to it,andtherepresentative the LandGovernment,elected bytheDiet of head the both is governor the Austria, which is afunctionaloverlap. Thus, in unit, federated ofthe executive the to falls state withinthefederatedunits, itusually federal the of representation specific no varies byform.Infederalstates,thereis state representationof importance The (3) . Nevertheless, the assertion of the ofthe assertion the . Nevertheless, (2) . This . This (4) .

policies ofthestate ofpublic ofimplementation steering the level of common law of thelocal is level regional the whereby principle the The decreeof16February2010laysdown representative. ofstate role its in institution aimed to strengthen theprefectural France, whereallsuccessivereformshave regional representation. This isthecase in has led states to give priority to their ofregions assertion the states, unitary In and thecommunity. altogether thefederal authority, theregion of thefederalauthority, represents the regionalgovernmentwithconsent communities. The governor, appointedby theand regions the entities, federated essentially present atthelevel of the deconcentratedadministration is ministers. InBelgium too, the areLander subordinate and to theLand the represent services deconcentrated employment agencies. Essentially, onlyforservices,fewasbut a such is weakly represented atthelocal level, government. InGermany, thefederalstate federal the by issued instructions

L Instruments, DocumentSIGMANo.43, 2007. of theCentral StateAdministration", Policies - organisation hand." other the on policy, government implementation of for the responsible agencies and orientations on the one hand, and autonomous offices ministersthe responsible for definingpolicy and government the between separation horizontal developed intheearly19thcentury,isbasedona Europe optedfor itafterthe1989revolution European states.ThestatesofCentralandEastern Western for centuries twentieth and the nineteenth (5) 2010, n°135,p268. RFAP », européens Etats les dans régional fait le et (4) (3) la nouvellegestionpublique?,Docfr,2012p.239. in publicreport oftheCouncilState,Lesagences: (2) (1) ect DecreeNo.2010-146 of 16February 2010. G.Marcou,«Lereprésentantterritorial del'Etat », gouvernance et Agencification « Chevallier, J. This model, called Weberian, was established in in established was Weberian, called model, This Swedenisanexception: theSwedishmodel, u rer

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the U niversity POULET-GIBOT-LECLERC (5) .

L imo g es - - OMIJ EUROPEAN REVIEWONPUBLIC ADMINISTRATION -N°3JUNE 2020 EUROPEAN REVIEWONPUBLIC ADMINISTRATION step andextenditstasks as themost important deconcentration will only confirm the regional constituency à-vis thelatter. The Decreeof7May2015 a powerofinstructionandsummoningvis- prefect ofthedepartment:formerhas between theprefectofregionand hierarchy a time, first the for introduces, government of the republic this hypothesis,attheinstructions ofthe delegatedstateregion, bythetothe within regions, exercisesadministrative functions of theJunta, theexecutive body of the of thestateinregions, butthePresident Italy,In representation specific no is there regional government. ofthe respect in but administrations, strongdevelopmentof deconcentrated large autonomouscommunities,thereisa communities. On theother hand,inthe their counterparts intheautonomous Moreover, theministriesdealdirectlywith remit of deconcentrated authorities. powers to regional entitieshasreduced the of transfer significant the Nevertheless, community. autonomous the in delegate government bythe appointed a subdelegate governor of theprovincewasreplacedby civil The role. this confirmed state the of 14 April 1997onthegeneraladministration of theautonomous community. The lawof administration andcoordinating itwiththat state the guiding with charged delegate ineachautonomous community, government ofa institution forthe provided away. Thus, inSpain,theconstitutionhad representativestate the totendsfade In theregionalstates,onotherhand, thirteen administrativeregions. powers to thesecretary-generals of the extensive hadentrusted authorities, recognition oftheregionsaslocal the before even Greece, level. regional havereorganised theirservices theat InPortugal,abolished. ministries some regional territorialunits,weresubsequently agencies, whichhadtobetransformed into central administration. However, these the with interaction their and offices strengthened thegovernment's regional has Development Agencies Act, 1998 of theregionalprefect. The UK,underthe authority under the level, is the district at Slovakia, staterepresentation,maintained government-appointedgovernor. In level, under theauthority of the regional the at mainly organised are state ofthe services territorial the and system Poland waslargelyinspiredbytheFrench is doneatthelevelofdepartment. public policiesisregional,implementation position Previously, thedepartment was inthis (6) . Bythisvery fact, thetext (7) . The steering of . The steeringof (8) . and allowedrapiddecision-making cooperation betweenterritorial entities, the numberof actors thusfavoured office of the government ofthe office in 1999into asingle body, theterritorial Italy merged theservicesof eightministries have beenreinforced which authorities), local and Lander the "intermediate stateauthorities"(between integrated for most of theminto the deconcentrated services thathave been 2005. Ithas led to rationalisation of transparency ledtoareform thatbeganin problems, highcost of staffing, lackof important isBadeWurtenberg. Budgetary place withintheLander. Oneofthemost In Germany, took effort streamlining this government. ofthe delegate regional ofthe authority the under representation ofstate unity the asserted have and staff the reduced productivity andsimplification have The demands and imperatives of efficiency, B –Streamliningstatestructures structures. accompanied byaneffort to streamline regional representation of thestate was This general tendency to strengthen the recruitment and selection commission, by recruitment and selectioncommission,by names drawn upbyanindependent government, onthebasisofa list ofthree president ofeachCCRDisappointed bythe Commissions(CCRD). Development The level, such as Regional Coordination and deconcentratedregional bodiesstatethe at authorities, thelegislator created regional ofdecentralised absence the of 8November 1998,andto counterbalance referendum bya waspostponed reform the administrative regions aslocalauthorities, Portugal,In of setup failed the after regions. central governmentandthedecentralised possible to makethelink betweenthe and municipalities. This step makes it regions ofthe ofrepresentatives council administrationstheseadvisory an has local levels is well putinplace. Each of at policyaimed government that ensure and services state consolidate isto aim general appointedbythegovernment. The regions. secretary bya headed are They deconcentrated, consistingofupto three as described be can which dioceses, "decentralised" so-called seven created In Greece, theKallikratis reform of 2011 new networks. ofpre-existing networksinto thesix two of 1January 2010,itresulted inthemerger regions. and provinces in map services As initiated areform of thedeconcentrated (9) . The reduction in EUROPEAN REVIEWONPUBLIC ADMINISTRATION -N°3JUNE 2020 (11) . Finland (10) .

scope regional and ofnational instruments management territorial with articulation management instruments, ensuring their ofterritorial evaluation and monitoring development, the guarantee must services ofregionalcompetence. They deconcentrated the between articulation an promoting for responsible also cities andregionaldevelopment. They are tasks inenvironment,spatialplanningand important out carry CCRDs competition. have been identified directions Eight organisation. governmental missions of theministries inthe competence scales corresponding to the At regional level,theschemeisbasedon regional map took place following therecasting of the under theauthorityofprefect of actionthestate strengthen theunity functioning ofthestateadministrationand the and organisation the streamline of thestate(REATE), thepurposebeingto also areform of theterritorial administration policies (RGPP),launchedin 2007,included this effect. The general reform of public to reform a place in alsoput has France 1947. 1992 onthedeconcentrationcharter. p. 959. n°156, 2015, RFAP », ? administratives régions sans modifiant le calendrier électoral. calendrier le modifiant délimitation desrégions, auxélectionsrégionaleset l'étranger, IGFreport,avril2011. (15) (14) (13) (12) (11) (10) (9) (8) (7) (6) les ratés de la REATE », AJDA 2011, p. 765. p. 2011, AJDA », REATE la de ratés les « Réforme del'administrationterritorialel'Etat: I.Muller-Quoy, Kada, N. - 638 actu 2013, A JCP », l’État de désorganisation la et comptes des cour territoriale p. 2179. déconcentration nouvelle est arrivée! », JCP A 2015, La « -H.Pauliat, charter deconcentration Le Rectoratd'académie L'ARS: agencerégionaledesanté. La DRFiP: direction régionale des finances publiques sports etdelacohésionsociale. des jeunesse, la de régionale direction DRJSCS: La La DRAC:directionrégionaledesaffairesculturelles. de l'agricultureetlaforêt. l'environnement, de régionale DREAL:direction La l'agriculture etdelaforêt. La DRAAF:directionrégionale del'alimentation, et del'emploi. de laconcurrence,consommation,dutravail 2018. updated in Wurtenberg", Discussion, in Baden The "Regierungspräsidium". Art.121oftheItalianConstitution27December ATR lawof6 February1992andDecreeof1July Decree No. 2015-510 of 7 May 2015 on2015 ofMay No.Decree2015-510 7 F. Alvès Correia, « Le Portugal, une régionalisation AlvèsF. Correia,Portugal, Le « régionalisation une La DIRECTE: direction régionale des entreprises, LaDIRECTE: directionrégionaledesentreprises, 2005 ofreform administrative "The Bonafous, M. Loi n° 2015-29 du 16 janvier 2015 relative à la la à relative 2015 janvier 16 du 2015-29 n° Loi Etude desstratégies deréforme del'Etat à Kada, «La réformedel'administration Kada, (12) . », RFDA 2012, p. 109 – H. Pauliat, « La La « Pauliat, H. – 109 p. 2012, RFDA », OPENING FEATURE (15) . (14) .A newreorganisation (13) .

27 FEATURE Opening feature (2) FEATURE 28 Opening feature (2) agencies. agencies. including structures, otherterritorial to However, stateshave assigned various tasks authority. decentralised a as region the of assertionfollowing the level, regional European stateshasthusrefocusedatthe The territorial organisation of many according to the agency principle, and principle, agency the to according ministries. These organisations operated with specialisedfunctions,all attached to andthepublicsector businesssector the large numberof individualorganisationsin a encompassed actually era communist centralised hierarchical system of the different. is agencies of origin the The countries, European eastern and central In programmes implementation of financial support the in Commission the assist to agencies uses executiveEuropean Unionitself Union. European ofthe states all to The of publicpolicy, isaphenomenoncommon bodies entrustedwiththeimplementation autonomous ofagencies, creation The 'agencification' to leading II –Functional deconcentration carried out also was services departmental state directorates and9SGARs. A reformof the regional of45 disappearance the in resulted regions 13 to 22 from transition The as intheUnitedStates are theordinaryformofstateadministration, public policies, have multiplied. Agencies of implementation the in involved are with weakstaff,whiletheagencies,which old, theministriesareonlysmallentities isvery movement the where Sweden, In are increasingly, inpractice,agencies. which but nature, in classic institutions, public services, deconcentrated be may that entities other to entrusted be functions, whiletheirimplementation must strategic refocusedonthe administrations, central its and state ofthe responsibility development of publicpolicies is the structures. different two to assigned The are tasks these andhence execution the conceptionofpublicpoliciesandtheir management drawsadistinctionbetween demand for greater efficiency inpublic ofoldEurope. countries the in doctrine The spreadmanagement ofnew public the creation ofagenciesisoftenlinkedtothe The observation concerns all states. The A –Increased relianceonagencies administrative entities. traditional the with articulation their multiplication posesproblemsof notion of agencification. Nevertheless, OPENING FEATURE EUROPEAN REVIEWONPUBLIC ADMINISTRATION (16) (17) . . Their success leads to the . Their successleadstothe (18) . institutions, andsoon research institutes, arts andcultural enterprises, highereducationinstitutions, state-owned formany case the been revolution. 1989 the after agencies has This were transformed inmanycases into meet allneeds deconcentrated administrations seemedto Germany andFrance, where traditional created since the early 1990s, with no legal legal no with 1990s, early the since created example, autonomous executiveagencies, for Netherlands, the In bodies. public ensure autonomyofmanagement tocertain become theorganisation of choice to in manycountries. The agencies then stalling be to seems bodies private-law and of public-lawadministrations the creation However, the 1980s, the beginningof since instructions prohibits ministers from giving individual of political powers. The constitution agencification is based on genuine mistrust intervention ofpoliticalpower. InSweden, neutrality,guarantee of also a the avoiding resources) allow efficiency gains. They are people) andfinancial resources (own resources (capacityto recruit qualified a specific area. The contribution of human specialty ofeachagencythatintervenesin for expertiseareincreasedbecauseofthe capacity and professionalism requirements: governance current meet they Nevertheless, of anadministration,torespondcrises. public policy, to modernise themanagement punctually,is created new a structure to overall cohesionof themodel. An agency notorganised. pragmatic, isnoThere In otherstates,therelianceonagenciesis published andsenttotheParliament. Each agencydrafts anannualreport human resourcesmanagementprocedures. allocated resources, anddefinitionof strategic objectives,performancetargets, executive director of theagency, indicating supervisingthe toministersends Guidelines framework sharedbyallagencies. The integrated. governance a isindeed There fullyare they which in administration, will. They areanintegralpartofthestate at them close or up set to power executive personality,legal which allows the performance... However, have do not they the remunerationofstaffaccordingtotheir management: hiring temporary staff, fixing ofhumanresources interms for manoeuver authority, room considerable have they and budgetary envelopeswiththesupervisory of autonomy. overall negotiate They Thatcher ofreformstate eraofthe Margaretin indeed beentheinstrument agencies has prominent. onreliance The systematic most been has movement agencification Kingdom United the isin It the that (20) . Agencies enjoyalargedegree (21) . Success came a bit later in . Successcameabitlaterin (22) . (19) . action of public implementation over the control operating conditionsandstrengtheningof agency of redefinition a in resulted has which fallunderministerialauthority. This bodies, administrative independent to personality, are conceived asanalternative them letters of mission, directives. them lettersofmission,directives. the ministers setthestrategy, theysend agencies isappointedbythegovernment, administration: thedirectorgeneralof the government whichheads the autonomy isframed, theyareattachedto areautonomous but notindependent. Their policies decidedatthestate level. They ofpublic application forthe instrument the state, theyare acomponent, an action ofpublic coherence overall without to theimage of astate broken down, contributes ofagencies proliferation The structures state other with articulation Difficult – B landscape. to thecomplexity of theadministrative however,multiplication, Their contributes

n°141, January2010. more than 400,000 inhabitants. more than400,000inhabitants. of the departments prefect, in the decision of upon entities, two into divided be can which cohesion, departmental directorate of population andsocial the and ofterritories directorate departmental the DDIs: three or two to fifteen from gone have the territories andto theneedsof citizens. They directorates (DDI)inordertoadapttheservices grouped together indepartmental interministerial (24) (23) (22) (21) (20) (19) (18) (17) (16) existence isenshrinedinthe1809constitution. RISA 2010,vol76,p.515. Complex Change: The Case of Dutch Agencification," 2015. archives, open HAL, », constitutionnelles questions l'épreuve de « l'agencification » de l'Union: quelques à décision de pouvoir Le « R.Mehdi, inspection. for responsible orare decision-making in Commission decentralized orregulatoryagenciesthatassistthe as well as activity, of field specific their in data and information technical and scientific collecting monde, Ladocfrançaise,1994. ouvertesurle L'Etat enFrance:servirunenation stratège garant del'intérêt général, 1993–J.Picq, Blanc andPicqreports.C.Blanc,Pour unÉtat Next Steps. Ibbs: of thereporttoPrimeMinisterwrittenbyRobin 2001. November 23 and 22 on Bratislava in conference ont causés dans les PECO », Presentation at the OECD qu'elles gouvernance de problèmes les et d'agences Dossier « Les nouveaux territoires de l'Etat », AdCF The formula has been advocated in France by the TheformulahasbeenadvocatedinFrancebythe 1974. February 28 of Constitution the of 7 Article Inthisrespectshefollowed therecommendations M.Beblavy,«Comprendrelesvaguesdecréation The first agency was created in 1634 and their their and 1634 in created was agency first The At the departmental level, the services wereservices the departmental level, At the There are also observatories responsible for responsible observatories also are There WalterJMKickert,"ManagingEmerging and Improving management in government: the Improvinggovernment:the management in (24) (23) . However, theydonotdismember . EUROPEAN REVIEWONPUBLIC ADMINISTRATION -N°3JUNE 2020 EUROPEAN REVIEWONPUBLIC ADMINISTRATION administration bureaucratization of thetraditional rigorthe werecreatedtoescapeand they that extent the to reconcentration" They aresometimesperceivedasa"latent minister. ofthe responsibility the under are They for expertise in a particular field and they they and field particular a in expertise for of publicpoliciesbecause theircapacity development the in involved naturally are their powerofproposition.Moreover, they policies. Sometimestextsrecognize the agencies to invest inthedesign of public put intopractice.Itisnotuncommonfor to difficult is agencies to assigned policies ofpublic functions implementation the and state the for reserved functions strategic criticisms. between distinction The Agenciesaresubjecttoa number of the ministriesandignoredagencies. of deconcentratedservicesdependenton the stateanditstraditional perimeter, that administration ofthestatehasfocusedon territorial reformofthe recent representative.forFrance,the In example, state ofthe authority hierarchical the under placed not are they level, or whentheyonly exist attheterritorial policies.branches, Whentheyhavelocal same field of implementation of public agencies form aparallelnetworkthe on accounting ororganisationalmatters. The instatutory, state, the to financial, from rulesdifferentthoseapplicable benefit they respect, this In complex. are traditional deconcentratedadministration (25) . Also, relations withthe in Francecalledforthemback2012 Reforms areneeded;theCouncilofState agencies tobesupervised. forthese difficult it makes agencies and resources andexpertiseofministries agencies. the and ofdisproportion The administrations central the between power of imbalance the concerns criticism major as soonthereforms areprepared. The ministries the by consulted frequently are of thegovernmentandParliament making frameworks andfor theoversight need for clear andcoherent decision- in aresolutionvoted2004,stressedthe role. evaluation too, ofEurope, Council The promoting theParliament's monitoringand the criteriaforidentifyinganagencyand defining recommends also It state. the by implement the strategic guidelines defined Constitution, istoensurethattheagencies in accordance with Article 72of the and of eachmember of thegovernment, prefect, astherepresentativeofstate Prime bythe set guidelines Minister. The of objectives andresources withinthe could taketheform of multi-yearcontracts hand andtheagenciesonother, which the centralandterritorialstateonone between relations the of clarification and rebalancing things, other among proposes, It merger. Sweden started afirst wave of structures wasmade,oftenbywayofthe the agencies. the streamline effort to An many states,butwithouteverchallenging in adopted been orhave consideration In fact, some measures are under b a b EUROPEAN REVIEWONPUBLIC ADMINISTRATION -N°3JUNE 2020 (27) . (26) .

agencies central state,theterritorialstateand the between relations clarify and rebalance to and useofagencies the regulate to structures. Itwillnowbeuptothestates they oppose territorial deconcentrated with thestatewhichgivesonlyguidance, autonomy of relationship a efficiency, in deconcentration, intheserviceof state reform. Advocating afunctional Agencies areattheheartofchallengesfor reforms takeplaceinallstates. cost andimprovetheirgovernance.Similar of agencies to reduce their number and Cameron launchedacomprehensive reform the sametasks.InUnitedKingdom, andregionalagenciesperforming of national merger the years,recentincluding in made has it effort an 1990s, early the in mergers public report,op.cit.,note2. (26) (25) (28) (27) démembrements del’État?,ENAreport,1994. agencification decisions are to be implemented. be to are decisions agencification standardize andclarify how privatization and further to and Parliament. the and Government the to oversight their entrust to and agencification frameworks andbenchmarks for privatization and establish clear andconsistent decision-making the member states of theCouncil of Europe to Resolution 2008, Art. 11-3.The Assembly calls on Resolution2008,Art.11-3.The Assemblycallson Les agences: une nouvelle gestion publique?, gestion nouvelle une agences: Les Les agences, nécessité fonctionnelle ou nouveaux Les agences,nécessitéfonctionnelleounouveaux L'Etat etsesagences,IGFreport,2011. (28) . OPENING FEATURE 29 FEATURE Opening feature (2) DECONCENTRATION, A DIFFRACTED REALITY A burial without funeral: the demise of the Portuguese prefect Luis FABRICA Professor of Administrative Law Faculty of Law of the Portuguese Catholic University of Lisbon

Lisbon, June 2017: Despite air conditioning, opponents and to ensure tranquility in the the atmosphere in the House of Parliament streets. is particularly heavy. In a shaking voice, the Minister of the Interior is trying to explain EAs political agents, civil governors were herself to the MPs, following the death of Civil governors have not freely appointed and dismissed by the 66 people killed in the worst forest fire that Minister of the Interior, based on political Portugal has ever seen. Faced with been properly removed de criteria. They did not belong to the category accusations of opposition MPs who point to jure, but they have of civil servants and did not benefit from the responsibility of a government lacking the guarantees associated with this status, leadership, incompetence of leaders, poor disappeared de facto particularly in terms of career. They were preparation of firefighters and not recruited into a state body following malfunctioning telecommunications, the specific training and their qualifications Minister mentioned other culprits of the were very diverse. Indeed, political loyalty disaster: a year of drought, extreme heat, was much more important than technical extreme weather phenomena, the competences. downburst which spread the flames, etc. The civil governor, like the French prefect, And, faced with the risk of repetition of was an organism of the state, organically In essence, the status of civil governors has such tragedies, she uttered a striking attached to the Ministry of the Interior and always remained very close to this original sentence. “ During these four days of fire, having competence in matters of public model, surviving regime changes, from the there were two sites of complicated order and security, guarantee of the legality constitutional monarchy to the republic, operations, in two different districts. I was and administrative supervision on the local and from the republic to the authoritarian present at one of these sites of operation authorities. However, unlike the French regime. Even after 1974, in the new and my Secretary of State on the other. But prefect, the civil governor has never been democratic framework, the elements of if three, four or five districts had been the "custodian of state authority" in the continuity remained obvious. affected, we would have faced a problem district. He reported only to the Minister of of the lack of political authorities at the the Interior, his sole superior, and he had The 1976 Constitution mentions the civil 30 district level.” Then the Minister paid an no powers over other local bodies and governor only in the final and transitional unexpected tribute to an institution that services of the state not under his ministry. provisions because a new local authority, has been missing for the last few years: “We The civil governor was not, strictly speaking, the administrative region, was to replace must distinguish between the civil governor a representative of the state, but simply a the district. This alternative would have as a representative of the state in the local official of the Ministry of the Interior, involved the disappearance of the civil district and the civil governor as a with no particular competence vis-à-vis the governor. However, the constitutional norm decentralised service. Regarding the latter, deconcentrated administrative services of is ambiguous: was it the intention of the there is a major gap”. other ministries. The governor did not constituents to convert districts into manage or coordinate local government transitional local authorities while awaiting In October, the tragedy recurred and more agencies and services. the arrival of the administrative regions? than 46 people lost their lives in a second Should the district remain a mere territorial forest fire. Could things have been different Civil governors were not to be confused with constituency where the civil governor was if civil governors still existed? offices of local authorities either. The to continue to perform his traditional district has never been a local authority, functions, now accompanied by a The proposal to resuscitate civil governors but a simple administrative district with deliberative assembly composed of seemed all the more astonishing as their general administrative purposes, and the representatives of the communities disappearance, while non-official as we will civil governor has never had the status and included in the district? In any case, the see later, did not give rise to great debates functions of a representative of the people. 1976 Constitution retained the civil governor and, during the following years, no He presented himself, on the contrary, as until the creation of the still pending authorised voice called for their return. And a representative of the government. administrative regions and expressly vested for a good reason: Portuguese civil governors him with the powers of government have never had good reputation nor enjoyed For historical and political reasons, the civil representation and the exercise of FEATURE a marked prestige. governor was generally regarded as the administrative supervision, which were part instrument of central power for the purposes of the hard core of traditional functions. This body was created in 1832 modelled of electoral control, political surveillance upon the French prefect. Like in France, and restriction of local autonomy. In the With regard to the provisions of the ordinary where each department had a prefect, in 19th century and well into the 20th century, law, the many competences of civil Portugal each district had a civil governor. the civil governor was mostly considered a governors could be grouped into three However, the competences of these entities longa manus of the executive power at the categories: competences (a) as did not fully overlap and these differences local level intended, depending on the representatives of the government; (b) as were reflected in the mode of recruitment. political regime, to get votes for the parties supervisory bodies; and (c) as supreme in power, to remain vigilant vis-à-vis political police authorities in the district. But the

EUROPEAN REVIEW ON PUBLIC ADMINISTRATION EUROPEAN REVIEW ON PUBLIC ADMINISTRATION - N°3 - JUNE 2020 EUROPEAN REVIEWONPUBLIC ADMINISTRATION programmes formulated in2011 intheZoltánMagyary were reform administration public unified management. The key words of the types of bodies to uniform regulation and The governmentwantedtosubject different administration atthelocallevel. to reorganise thestructure of thestate administration andlocalgovernments and competences between thestate Parliament tasks redistribute to decided back ofnewconceptsafter2010,whenthe This constantevolutionacceleratedonthe administration hascontinued to evolve. public territorial Hungarian 1990s, early the in regime of change the Since impetus to theinstitution. Butitwas prefect andwasintendedtoprovideanew model wasborrowed from theFrench Obviously, ministers. respective their this various localservicesundertheguidanceof offostering cooperationadequate between of thegovernmentanewcompetence,that adding toitsfunctionsasarepresentative governor,civil the of status the redesign to survival ofthisbody, a1992lawattempted retirement.In anattemptto justify the second-rank politiciansontheeveoftheir prestige, rewarding political loyalty of form of reward, adubious position of civil governorsconsistedofaratherbenign end ofthe20thcentury, thedesignationof illustrated thegovernor's decline. At the licenses, whose bureaucratic insignificance the issue of certificates, authorisations and nominal, with,theonlyrealpowersbeing civilgovernorwaspurely ofthe authority under thedirectcontrolofminister. The orderpublic belongedsecurity tothe forces, termsofofmaintenance policing:the respectively. The solutionwasthesamein ministries, their to subordinated were which bodies, inspection state the by exercised was legality financial and administrative largely afiction, sincethecontrol of especially over local authorities, were associations. The powers of supervision, environmental groups or farmers' the submissionofgrievancesbyunions, with ameetingthecivilgovernor, with interest groups:streetralliesendedritually local various of discontent the of Lisbon informing to himself limited governor civil As arepresentativeofthegovernment, was farbelowwhatone couldimagine. importancepractical of competences these (1) . Parallel these to in Hungary Territorial reformofpublic administration administration. ofthe branches different in working statutes of thepersonnel (civilservants) administrative action and(iii)thenew of tasksandcompetencesdetermining the administration; (ii)thedivision the public of structure organisational the (i) governed statements, etc. The newlegalinstruments government decrees, government public administration,intheformoflaws, in adopted gradually were regulations Constitution on 1January 2012, new From theentry into force of thenew reform ofthewholeHungarianpubliclaw. new Basic Law, thelegislators initiateda developments, dueto theadoptionof were not properly removed de jure, but but jure, de removed properly not were And thatwasallabout it. The civilgovernors Court. Constitutional the before brought been constitutionality ofthereformhasnoteven of theConstitution.Butthisquestion isolated voices denounced aserious violation background of general indifference, some deserving priority attention. Against a far from seemed governors civil of fate the crisis, economic bythe plagued country a in But ofconstitutionalists. stupefaction the proud ofthisEggColumbus,inspite competences. The government seemed governor nolongerhadanyincumbentsor this institution. Inshort, theposition of civil organisations allcompetencesbelongingto approval of laws attributing to other dismissal of all civil governors andthe arearesultedinthe inthis voluntarism governmental (!), the millionof EUR3 saving direct a Seeking solution. surprising a using from 2011, of end the at government, the prevent blockagedidnot This constitutional of agreementbetweenthemajorparties. new constitutionalreforms,duetothelack of possibility the removed has 2010 since has accompanied the crisis of public finances And theatmosphere of political tension that normforcivilgovernors. transitional the removed has Constitution the of revisions successive ofthe none regionalisation, the consequences for theprocess of of fear the of because or inertia of because consecration made difficult.However, either for thecoupdegracethathisconstitutional governor asananachronisticentity, waiting civil regardthe to continued everyone andfailed trial this late: too already EOCNRTO, DFRCE REALITY DIFFRACTED A DECONCENTRATION, EUROPEAN REVIEWONPUBLIC ADMINISTRATION -N°3JUNE 2020 N ational U niversity state administration havebeenprogressively of bodies deconcentrated the level, local newlegislation. the accordance with the At has beenreinforcedinHungary Since 2010,theprincipleofcentralisation territorial public administration factors oftheaction competences, determining oftasksand division Organisational structureand from office. office. from return ofcivilgovernors,shewasdismissed As fortheMinister, who washopingforthe civil governor. that wouldlegalisetheeliminationof down tolaunchtheconstitutional revision waiting for thepolitical climate to calm only are parties the that seems It unnoticed. diverge on almost everything went consensus betweentwo executives who not even aword on thesubject... This transfer of thepowers of civilgovernors: organisingthe legislation asthe well regard. These posts remained vacant, as Constitution, nothing has changedinthis return toabsoluterespectforthe government's measures byproclaiming a previous the of many reverse to pledged government, supported bythefar left, iswhy,That socialist new the when can beprocessedviatheinternet. all thelessimportant sincegrievances many administrative counterpart, whichseems ofthe change a to mainly led this Finally, concerned, were citizens the as far as fewsupervision. of powersadministrative nominally, though had,even that entity a were happyto seethedisappearanceof an municipalities Local qualifications. specific officer, political second-rank without ministries, without theintervention of a respective oftheir services decentralised intervention channels, through the Ministers now have simplified local the disappearanceofcivilgovernors. alonedeplored, havenoticed,let seemed to Minister, ofthe proposal unexpected one no they disappeared defacto. And until the

(1) of publicadministrationinthe1930s. government commissioner responsible for thereform specialist in administrative sciences, civil servant, Magyary Zoltán (1888-1945) - a university professor, MagyaryZoltán (1888-1945)-auniversity professor,

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31 FEATURE DECONCENTRATION, A DIFFRACTED REALITY

government commissioners, representatives - to ensure the legality control of acts of of the state placed at the head of these local authorities; county offices. These commissioners (18 - to offer services by way of one-stop shops. men and only two women as of June 2018) Since 2010, the principle of are appointed by the Prime Minister(3). The sectoral competences of government Since 2015, it has been the Minister of the offices in the counties cover a wide range of centralisation has been Chancellery who manages, monitors and areas. It should also be noted that the reinforced in Hungary in directly controls these county offices. As a government also has other bodies (i) at accordance with the new result, the influence of sectoral ministers regional level (NUTS III units) and (ii) territorial on the management of the professional special units. But their numbers have legislation activity of these bodies has decreased. continued to decline in the past three years.

As a next step in the reform, in 2016 the Territorial public administration government decided to reduce the number staff of ministerial bodies under central consolidated, to the detriment of local administration. Many of these administrative With regard to the personnel of the governments. The new bodies representing bodies were restructured and their duties territorial public administration it is the government at the level of the 19 transferred to the ministries or the twenty difficult to trace all the changes, very counties and the capital and the local county or district offices. The government’s frequently, occurring in the matter. Since bodies placed in the provincial districts and stated goal was to strengthen the territorial 2010, three new laws governing the Staff the districts of the capital (174 in the administration of the state, to put in place Regulations have been adopted by the country and 23 in Budapest) have taken a more transparent organisational structure Hungarian Parliament. Henceforth, local over more and more tasks which previously and to reduce staff and, of course, the and territorial statutory officials work belonged to local governments. costs involved. This process began in the under the aegis of two separate laws, one autumn of 2016 and continued in 2017. of which pertains to local government Thus, since 2012, different types of public officials and the other to territorial state institutions, such as municipal schools, officials employed in the district and county clinics and hospitals, have been transferred offices of the government). In 2011, a from local governments to the state, and reform aimed at the interoperability of more specifically to the deconcentrated career paths was announced but, at bodies of public administration at the State administration at the present, it cannot be predicted whether county level. These twenty bodies were the regulation will opt for uniformity or established shortly before the territorial local level is part of an differentiated treatment(4). government offices and were entrusted increasingly uniform with general competences(2). On 1 January organisation and is now To sum up, the last eight years of reforms 32 2013, the districts were established and in the territorial public administration in most of the tasks of the public administration concentrated in the county Hungary have seen a major reshuffle in the of the state at the local level were and district offices of the distribution of tasks between local transferred to these entities (previously, government authorities and the territorial bodies of the these tasks were performed by the local state. The municipalities are responsible government authorities, mainly by the for local public services, but their powers notary, the state administration does not have shrunk, while the territorial have its own bodies at the local level). At administration of the state has been this date, some 60% of the state's local tasks strengthened, through the competences were transferred to the districts, and supported by local governments on the one transfers have continued since then, and hand and by the central administration of other public tasks have subsequently been As a result, the tasks of the territorial the state, on the other. taken over by the district offices. The administration of the state have increased powers of local governments have thus and the size of the organisations intervening State administration at the local level is decreased, at the level of municipalities at these levels has increased. part of an increasingly uniform organisation but especially at the level of counties. and is now concentrated in the county and The main competences of the governmental district offices of the government. In parallel with this reorganisation of offices in the counties are the following: competences between local governments - to operate as first or second instance and the units of state administration, authorities; (2) Temesi, István, "Administrative and territorial considerable transformations took place in - to coordinate government tasks at the organisation of states in Europe - Hungary", European the organisation of the latter. From 1 April county level; Review of Public Action, No 2 - March 2016, p. 9-10. (3) FEATURE 2015, twenty government offices and the - to control all governmental bodies in These are political jobs, since the law does not require any qualifications or practical experience as districts (174 + 23) were restructured. Prior counties and the capital (except the conditions for their appointment. Below this political to this date, the various administrative armed bodies and the tax offices); level, it is the General Managers and the Directors bodies integrated in these large government - to be consulted on affairs of other who are the administrative heads of these offices. offices had benefited from a relative governmental bodies operating on their (4) There is yet another category at the local level sectoral ‘autonomy’. These integrated territory; whose status is regulated by other laws and which is bodies - 18 from 2012 to 2015, but gradually - to provide IT services to the administration of interest to police officers, customs officers, public institutions, etc. (not to mention the specific status increasing in number - were managed by in their county; of civil servants working for the government at the their respective ministries, but in 2015 they - to provide continuing education for state central government level, eg in ministries). were under the unified leadership of twenty and local government officials;

EUROPEAN REVIEW ON PUBLIC ADMINISTRATION EUROPEAN REVIEW ON PUBLIC ADMINISTRATION - N°3 - JUNE 2020 EUROPEAN REVIEWONPUBLIC ADMINISTRATION system putin placeprior to Ireland’s Westminster fromthe evolved which system featureof Ireland’s localgovernment keya Centralisationbeen always has presidents of the Councils of regions in the the in regions of Councils the of presidents of localauthoritiesandinparticularthe heads the governorsassist and walis The and exercise the administrative control. governmental regulations anddecisions implement laws, of enforcement the they guarantee government, power.central the of name the In prefecturesrepresentand provincesthe ofregionsandthegovernors walis area): (rural prefecture level(urbanarea)andprovince walis atregional level andgovernors at the role of thestate andits representatives, 145 Article in specifies authorities, local the regions, Title IX, Regions andother of pre-eminence the and decentralisation of assertion strong this Echoing regionalisation.” advanced onan Itisfounded decentralized. territorial organization oftheKingdomis The accounts.[...] of therendering and correlation betweentheresponsibility for principles ofgoodgovernance andofthe the and citizen, [the] of democracy participative on as well as powers, ofthe andthecollaboration balance Kingdom isfoundedontheseparation, the Monarchy. Theconstitutional regimethe of democratic, parliamentary andsocial states: Article 1oftheConstitution29July 2011 (2012-2016). implementation of theadvanced status forthe plan action adraft and acquiscommunautaire” the with alignment “gradual andconsistent regulatory later. The agreementprovidesfora Agreement to befurthered bytheENP 1996 reinforced bythe Association 1969 the with Trade was and Agreement Union-Morocco partnership was initiated Policy (ENP) since2008. The European the SouthernEuropeanNeighborhood The Kingdom ofMorocco hasbeenpartof “Morocco is aconstitutional, “In the local authorities, the the authorities, local the “In Morocco (1993-2018) Decentralisation anddeconcentration in Ireland: the centre holds Ireland: thecentreholds counterparts and their financial autonomy autonomy financial their and counterparts functions than theircontinental Ireland have amore limited range of independence in1921.Localauthorities in Decree No 2-05-1369 of 29 Shawwal 1426 Decree No2-05-1369of29Shawwal1426 departments. a statement of principle for many them.” to available remained decree This creditsspendingorformade the partofall sub-authorisersof as established be may jurisdiction. Theheadsofexternal services behalf withinthelimitsof their territorial services andgovernors to act on their theirexternal of heads the to delegate may Ministers administrations. central remit, are madeavailabletothembythe their these services,withinthescopeof resources necessaryfortheoperationof and regulatory provisions in force. The within theframework ofthelegislative directives of thecompetent authorities of government policyandalldecisions territorial level,for theimplementation the at responsible, servicesare external Charter, provides in Article 3that:“The Decree of 1992on theDeconcentration French inspired bythe deconcentration, October 1993)on administrative Decree No2-93-625of4Jumada I1414(20 proper functioning.” their ensure and administration central the servicesof deconcentrated of activities the coordinate they ministers,competent ofthe theauthority Under programmes. implementation ofdevelopmentplansand Deconcentration is a priority Deconcentration isapriority for successful advanced for successfuladvanced regionalisation DECONCENTRATION, A DIFFRACTEDREALITY EUROPEAN REVIEWONPUBLIC ADMINISTRATION -N°3JUNE 2020 I nternational not havea system ofterritorial Ireland does stilldominates. government have led to some change butcentral Reformsis limited. in2014 implemented implementation horizon of 6 years. implementation horizon of6years. directorates. The roadmap has an interdepartmental into directorates regrouped deconcentrated regional for regional affairs withthewali, and secretariat general a created mechanism, servicea coordination up set management, most relevant level of territorial the as region the reiterated it Charter: 2018 to finallyapprove the Deconcentration October 25 on VI,convened Mohammed byKing chaired ofMinisters, Council for successfuladvancedregionalisation,a recalling thatdeconcentrationisapriority after athrone speech on 29July2018, Decree, 1993 the after Twenty-five years by theCouncilofMinisters approved on25October2018 A Deconcentration Charter was dissolvedin2006. submitted for validationcommission andthe insufficient or unrealistic. No blueprint was outheterogeneous, orwas quality the carried been have Fewaudits blueprint. development of adeconcentration the and audit organisational an and level decentralised the at decisions administrative individual make to responsibility and ofsignature fordelegation provides operation.” their for directorates withtheresources necessary administrations provide the aforementioned Thecentral authorities. central of alldecisions andguidelines issued by theimplementation of charge in them, are directorates andtheservices constituting and theprovincial or prefectural Governor, [...]theregional directorates (15 February 1977)on thepowers of the bearing LawNo1-75-168of25Safar 1393 4: Article in transfers of nature the specifies and administrative deconcentration departments ofministerial organisation (2 December2005)settingouttherulesof “Subject to the provisions of Dahir of totheprovisions “Subject

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representatives of the state. There is, boundaries. During the 1990s, in response of the plan nor had there been wide however, frequent interaction and a range to the exigencies of the EU’s Structural consultation about its potential impact and of formal and informal links between local Funding regime, eight Regional Authorities eventually the ill-conceived Decentralisation authorities and central government and later two Regional Assemblies were Programme was cancelled in 2011. The departments and state bodies. The created to monitor delivery of EU Structural financial crisis necessitated austerity recession led to significant rationalisation Funding and promote the co-ordination of measures which led to a reduction of 10% public service provision in the regions. in public sector employment and a culling Their members were indirectly elected, of state agencies. In summary, attempts to being nominated by the constituent local deconcentrate state services in Ireland authorities. These Regional Authorities and have been politically or pragmatically Assemblies worked with other public sector rather than purposefully motivated. Local authorities in Ireland agencies in the regions but had limited have a more limited range functions and finance so did not hugely Future/evolution of the territorial of functions than their alter Ireland’s governance landscape. organization of the State in Ireland continental counterparts Following the 2014 Act, they were replaced Within the Department of Public in 2015 by three new regional assemblies Expenditure and Reform the current with specific functions regarding regional emphasis seems to be on organizational spatial and economic strategies, EU funding reviews and improvements through programmes, oversight of local authority increased openness, transparency and performance and implementation of accountability. There are no specific plans of structures and a reduction in the number national policy. to change the territorial organization of of state agencies in recent years. state services. Attempts to deconcentrate State Territorial organisation services in Ireland A high level Advisory Group and a Local Government Forum were established in Until 2014, Ireland had 114 units of local Health, education and local authority staff 2015 to review the operation of the revised government. Thirty four were city or county have always been dispersed in Ireland. local government system but it is unlikely councils and the remaining eighty were From the 1960s, some central government that any major changes to territorial historically-designated town councils which departments moved civil servants to organisation of the state will be represented only 15% of the population. locations outside Dublin. Such changes recommended. The Local Government Reform Act (2014) were ad hoc and uncoordinated. State reduced the number of units of local agencies were often organised on a regional government to thirty-one, following basis but with varying regional designations. abolition of town councils, mergers of city From the 1980s, as in other OECD countries, 34 and county councils in Limerick and the number of public agencies and state Waterford and merging of Tipperary’s two bodies increased significantly with some of Attempts to deconcentrate local authorities. A system of municipal and them located outside Dublin. In a surprise metropolitan districts (MDs) was budget announcement in December 2003, state services in Ireland have implemented in 2014 with ninety five MDs the Minister for Finance announced a been motivated by political covering the country at sub-county/city voluntary decentralisation scheme aimed or pragmatic reasons rather level. at relocating that more than 10,000 public Regional government has never been strong service posts to over fifty locations (3,000 than strategic objectives in Ireland. Since the 1960s various state of these posts were in state agencies). services (e.g., tourism) have been organised on a regional basis but with varying regional There had not been a cost-benefit analysis

What are the prospects for deconcentrated services of the state in France? (on the Court of Auditors report made public

in November 2017) Hélène PAULIAT Professor of Public Law (OMIJ - Limoges) FEATURE

“The reform of the territorial administration must do in the territories, in what way and in the coherence of the perimeters. The of the state is an old question and has for which purposes. The reform of regions, problems addressed by the Court of Auditors become a recurring project”, this is the decentralised local authorities, has not are therefore fundamental and deserve opening of the report of the Court of been put in place in connection with a attention for the state to be able to provide Auditors of November 2017 entitled The reform of deconcentration that should have the most relevant response. deconcentrated services of the state: accompanied it. Therefore, the The context in which deconcentrated state clarifying their tasks, adapting their restructuring of state services has followed services intervene remains complex (i), organisation, trusting them... As the the change of regional dimension, often from the legal point of view as well as from question is how to know what the state with a delay, and especially with difficulties the sociological and demographic point of

EUROPEAN REVIEW ON PUBLIC ADMINISTRATION EUROPEAN REVIEW ON PUBLIC ADMINISTRATION - N°3 - JUNE 2020 EUROPEAN REVIEWONPUBLIC ADMINISTRATION of services on priority tasks. of servicesonprioritytasks. refocusing requires context sensitive This while comparativelylesssoinregions. in thenumber of employees indepartments, sharply,notevenly,but sharpa decline with number of deconcentrated services fell operators. national orto agencies to The decentralisation,transferring competences functional and deconcentration territorial the state stillseems to hesitatebetween Deconcentration2015. CharterMay of 7 Yet reforms, inparticularwiththe majorof subject been has state the of In this context, theterritorial administration build relevantgroupings. to try to raised been having population minimum of threshold the competences, population, withstrengthened very substantialentitiesintermsof in particularhavejoinedforcestobecome institutions ofinter-municipalcooperation Public prerogatives. their of part large a departments andmunicipalitiesarelosing regions andintermunicipalities, whereas the now are centres decision-making lowest relative to theGDP. The main share of local public expenditure is the Union, Franceremainstheonewhere of theEuropeanthe leadingcountries administrative landscape.However, among decentralisation thathave upset theFrench of waves with isevident, change density inthese territories. Institutional population the in change significant a metropolitan andruralareaswidenswith between gap the changes; major faces The territorialadministrationofthestate of deconcentrated services - I Aintervention of context complex relation toterritorialchallenges(iii). organisations andmodes of operation in with experiment and innovate to services to benefit from room for manoeuver deconcentrated byallowing territories, ofthe challenges the to adapt must (AP 2022 action state the (ii);but 2022) as partofthetransformationpublic public policies launchedbythegovernment of thegeneral review of state tasks and framework the in ranked be therefore should whichtasks, priority of number certain view; theservicesmustberefocusedona expanded their tasks (reform of the right right their tasks(reformofthe expanded the last two or three years have significantly strategy. relevant a over provisions new The certain decisions, itdidnotdeploy way to tasks ofthestatein2014-2015 pavedthe out arediverse.Evenifthereview ofthe carry must services these that tasks The be refocused onpriority tasks must Deconcentrated- II services consequences of regional reform for the all draw not did state the mode, urgent inout carried was reform territorial As territories adapt to thechallenges of must Deconcentrated- II services to theareasinwhichtheyoperate. and operationofservicesmustbeadapted control. Butof exercise the the organisation reviewed because they do not fit well with be should tasks support Advisory and on EAGGFaid). transferred totechnicalbodies(guidelines to operate agricultural holdings) or which could beabandoned (authorisation of Court tasks the mentions also Auditors deserve tobereinforced. The reportofthe evolve, theobservation andexpertise tasks employment). also must tasks control The and accommodation, economicactionand tasks canbeoptimised (justice, housing certain of the distribution tasks); social or Interior the of Ministry of the level (tasks interdepartmental the at level, supraregional tasks: some could beexercised atthe of exercise the redistribute to necessary latter having beenevaluated. It appears the without has considerableimpacts, deployment this management, resources intermsofhumanbeen anticipated; not have issues certain because services of functioning the disrupting to contributed The development of digitaltools has control...). budget oflegality, control education, higher (roads, exercised orincompletely abandoned evaluated. Moreseriously, manytasksare way theyare rendered are not properly conducted. the tasks themselvesand The territorial impactstudies are very rarely Thereisstill room for progress; for example, improved. has steering inter-ministerial simplified, for deconcentratedserviceshavebeen guidelines hierarchical; the are not tasks these that fact the in lies difficulty The inspectorate for theMinistry of Labour). of security, strengthening of thelabour field the in weapons of control asylum, of Deconcentrated services Deconcentrated services must berefocused ona certain number of certain numberof priority tasks EOCNRTO, DFRCE REALITY DIFFRACTED A DECONCENTRATION, EUROPEAN REVIEWONPUBLIC ADMINISTRATION -N°3JUNE 2020

101). 101). of resources”(Report,management p. cutting of publicpoliciesandmoreshared partners andapreludetoincreased cross- service public and forusers legibility better or territorialservicesmap,aguarantee of deconcentrated ofthe harmonisation greater favoured anevolution inthesense of state action,regionalreformshouldhave of fields several in whereas, derogations, did not preventthe persistence of emphasises that“theregrouping of regions prefect.” of Court The alsoAuditors regional staffattheserviceof theregional reinforced “a constitute then would forRegionalSecretariats (SGAR)Affairs coherence. with and term GeneralThe carry out real publicpolicies, inthelong state unableto the the representativesof turnover, incessant avoid to makes which prefects couldbegivenafour-yearterm, prefect (Report, p.98). The regional prefect couldbedesignatedbytheregional the powers delegatedto thedepartment the department headquarters; furthermore, state representation intheregion andin wouldmakeitpossibletoreconcile solution prefects on public service mission. This elimination of anequivalent number of the by guaranteed be could posts four ‘mega-regions’. The creation ofthese order, public including headquarters, the in department the to delegated of prefect of Auditors proposesthecreationofapost time prefectofthedepartment. The Court the prefectof theregion,andatsame of duplication functional the maintaining This brings about thequestion of encompassing tenoradozendepartments. regionsconsiderablea sizehavingand new functionoftheregionalprefect,some It isthereforeessentialtothinkaboutthe only betransitory.” (Report, page95). managerial andbudgetary risks andcan reorganisation. These choicespose costlycomplexand toa lead mobility commitment not to impose geographical the and balance ofterritorial choices central towns of theold regions. The public employmenton theterritoryin of balance a maintain to that also but money, save to and directorates of regional efficiency the improve to reorganisation: objectives were targeted inthis become multi-sites. Two contradictory have site single a on located formerly oforganisations headquarters the that emphasises Court “Allinall,the commute). difficulties (with high costs due to necessary lead to managerial andoperational always beenrespected.Multi-siteentities not has sites ofdifferent specialisation offunctional principle the consistent, been alwaysnot has directorates regional of services. deconcentrated The establishment 35 FEATURE DECONCENTRATION, A DIFFRACTED REALITY

This is the case in defence and security management of agents preventing the Forward planning of jobs and headcount zones, public finances, national education, creation of “interministerial working remains largely theoretical, as few regional the judicial map. It should be noted, authorities” which are nevertheless prefects are able to propose a forward- however, that in the two latest cases, indispensable after the merger of regional looking and strategic vision. Although reforms are underway or advocated, aiming directorates. The lack of massive experiments are planned, particularly with to retain only the rectorates of academic deconcentration of HRM functions is regard to the organisation of the regions for education, and to align the explained by strong resistance to change... prefectures, these have hardly been jurisdiction of the courts of appeal with the covered by the media and it will probably regional demarcation. The Court of Auditors therefore invites the be necessary to wait for the presentation government to adopt a gradual approach, and the report of the prefect before the The organisation of the state in the based on experiments and evaluations. This National Conference of Territorial departments is probably also to be “could also put to the test the Administration of the State to draw useful reviewed. Staff reductions have mainly deconcentration of regional changes for conclusions. affected the departmental level. The infra- sufficiently staffed bodies whose tasks may departmental network must evolve, the be of interest for several government Deconcentration of financial resources is map of districts seeming hardly any more departments at the same pool of jobs, in also partial. Budget mapping has been adapted. But given the requirements of order to align the pools with job simplified (reduction in the number of proximity, particularly in terms of security, requirements and ensure continuity of BOPs) but the budget architecture remains the suppression of sub-prefectures is hardly service across the territories” (Report, p. complex. The shared programmes have feasible; it is imperative to clarify the role 135). been expanded, but without overall of the sub-prefect. Territorial networks can coherence. The volume of deconcentrated be an obstacle for efficiency (small loans remains low. Some state intervention treasuries for DGFIP). expenditure (capital expenditure) has been recentralised by the procedures of call for The very modes of intervention of services projects and calls for expressions of sometimes seem not very effective. interest. The management dialogue The state must adapt to the remains very burdensome. The main III-Management of deconcentrated difficulty in deconcentrating financial services must be extensively challenges of the territories, resources lies in the fact that the logic of upgraded by allowing deconcentrated LOLF and of deconcentration are totally services to benefit from a different, the former being based on a Human resources management appears to vertical logic, while the latter is based on be rigid and inappropriate. The territorial room for manoeuver to a horizontal logic. distribution of the workforce is poorly innovate and experiment adapted to the needs of territories. This is The pooling of support functions of 36 the case for national education services, deconcentrated administration must be for security services, for financial valued, but the solutions adopted are administrations... The deconcentration of highly heterogeneous (pooling by a ministry, human resources management or an interministerial entity); improvements (recruitment, induction training, appraisal, are possible if steering is streamlined and sanctions) is still rudimentary. While the This deepening deconcentration should goal setting is clarified. movement of deconcentration of certain lead to deconcentration of social dialogue management acts had to be reinforced and joint bodies at regional level. The The Court of Auditors has formulated 49 since 2003, there is a regression in some mobility of agents faces numerous proposals to encourage a rapid evolution areas, as regards the remuneration or obstacles, the ministerial logic still taking of deconcentrated services; the Prime career of agents. Three ministries an upper hand over interministerial logic, Minister's response strongly insists on the (agriculture, finance, culture) do not though encouraged by the reform of the need to continue deconcentration within deconcentrate almost any management territorial administration of the state the framework of the Transformation of function and have not issued any specific (REATE); the status and remuneration Public Action programme AP 2022 and the provision on deconcentration for their remain very heterogeneous; the evolution review of 21 ongoing public policies, to ministerial department. These difficulties of competences of agents requires refocus the state on its tasks, including at have a managerial impact, the diversity of geographical or functional mobility. territorial level.

The Regierungspräsident – at the crossroads

FEATURE of ministries and local players Clarisse KAUBER Head of studies, Euro-Institut de Kehl

The 16 German Länder are federated states, the Regierungspräsident(in) is the central The territorial state in Germany with their own constitution, government, figure, at the head of theRegierungspräsidium assembly and jurisdictions. In most major (or Bezirksregierung or Regierung), an By 1815, Prussia had established Länder, state administration is organised intermediate authority between the central Regierungsbezirke regions within its into three levels. In Baden-Wuerttemberg, directorates and the local level. provinces, and this geographical division Bavaria, Hesse and North Rhine-Westphalia, was adopted in the Länder organisation

EUROPEAN REVIEW ON PUBLIC ADMINISTRATION EUROPEAN REVIEW ON PUBLIC ADMINISTRATION - N°3 - JUNE 2020 EUROPEAN REVIEWONPUBLIC ADMINISTRATION region region Land the the and for partner The coherence and cross-cutting approach, andcross-cutting coherence recreate to order in dispersed previously academic inspection, healthcare, forests) (e.g. administrations many together general, theRegierungspräsidien group otherspecialisedadministrations. In of state domains by local authorities or supervise andcontroltheimplementation agents)(2,000 services Its government. the before localinterests defending while territory its on policy Land the The Regierungspräsidium. of the responsibility the under medical centre, residence permits, etc.) administration forlocalpublicservices(a Land a and authority territorial asupra-municipalLandratsamt, isboth The Land andlocalauthorities. interface betweentheMinistries of the the provides (-en) Regierungspräsidium the territories, four ofthese each In municipalities. comprise 35Landkreise and1,101 4 inhabitants and35,752km2),dividedinto ofmillionBaden-Württemberg(10.7 local authorities.We willtaketheexample and administration central their between levels intermediate have Länder donot Some European states or smaller German specialised administrativeorganisations. other, more and territorialized less replaced theRegierungspräsidium with after 1945.Inthe2000s, four Länder Regierungsbezirke, whichaltogether (in) puts in place place Regierungspräsidentin (in) puts 35 Landkreise of Baden-Württemberg 35 LandkreiseofBaden-Württemberg Map ofthefourRegierungspräsidien and administration, the administration, Landkreis , a Regierungspräsidium, readability efficiency, add to and reactivity chart, even Land policy.Land even chart, However, every common forms, similar organisational lot offeatures incommon: same website, Externally, aRegierungspräsidium sharea Politicalrole transparency...). (civic meetings, online forums, development of participatory democracy Württembergplays aleadingrole inthe the on siteorviaadirectlandline.Inaddition, Regierungspräsidiumthe e-mail, or post by federation. German contact can user The sometimes involving local authorities or the Finance, Relations withtheFederation), Justice, (except Land ofthe Ministries authorisations covering the field of the ten or subsidies grants, for contacts can accessonlineexplanations,formsand company, associationthe ormunicipality the In Baden-Württemberg, thecitizen, the Regierungspräsidien. geographicaldivision that ofthan the local more a on based , Polizeipräsident prefect, dedicated bya headed are Land ofthe forces police regional the hand, planning, civilprotection,etc.Ontheother companies, local development, regional pharmaceutical and industrial of control economic development, thetechnical roads, transports, health, agriculture, environment, education, of policies public and theterritorial players as regards the population ofthe counterparts privileged The Regierungspräsident(in) is Regierungspräsident(in) is Bavaria, Hesse and North Bavaria, HesseandNorth Regierungspräsidium, an Regierungspräsidium, an directorates andthelocal In Baden-Wuerttemberg, Regierungspräsidenten of Baden- Regierungspräsidienbecomehave the centralfigure, atthe intermediate authority intermediate authority Rhine-Westphalia, the between the central between thecentral (1) . head of the head ofthe EOCNRTO, DFRCE REALITY DIFFRACTED A DECONCENTRATION, level level

EUROPEAN REVIEWONPUBLIC ADMINISTRATION -N°3JUNE 2020 social and cultural achievements (Freiburg). (Freiburg). achievements cultural and social preserving while training, and infrastructure on environmental protection, innovation, policy andchoosesto focus,forexample, Each the media. Namely, thisactionthatismostvisiblein solutions. acceptable and compromises contradictory interests to propose with people together bring and territory ofthe projects various reconcile players, the coordinate must they case, this In park. nature regional ofa creation the farm, wind ora highway ofa construction the centre, treatment ofawaste establishment complex projects, for examplethe ormanage supervise authorise, They and decisiontimes. administrations. This shortens thecircuits seek thesystematicapprovalofcentral Regierungspräsidium without havingto ministries, butdecisions are takenatthe between theRegierungspräsidien andthe Of course, regular meetings takeplace has roomformaneuverandappreciation. the field, the In and partnerships policy of continuity certain a guarantees which alternation, the despite 2012 since Regierungspräsidien presidents of the Freiburg andKarlsruhe and Stuttgart the contrast, In Tübingen. elections totheRegierungspräsidenten of happened forexampleafterthe2016 and placetheminpre-retirement, which them replace justification, without can, it official, political a with agrees longer dismisses them.If thegovernment no (Ministerpräsident), who appoints and ofgovernmenthead of the functions but especially from the confidence of administrativeservicesand/or political experience comesfromtheir This legitimacy conventions. and events official at Land They havethelegitimacyto representthe Land andinconsultation withlocal players. on theterritory, inlinewiththatof the functional job)andimplementsthepolicy of kind (a official political a of status the In practice, theRegierungspräsident has mark. own leader,

directly attachedtotheRegierungspräsidien Wuerttemberg whichquadrupled thenumber of staff affiliation: CDU, SPD, Grünen and independent and Grünen SPD, CDU, affiliation: Regierungspräsidenten fourwas ledbyacoalitionCDU-Grünen, the (2) (1) In 2017, when the state of Baden-Württemberg In2017,whenthestate of Baden-Württemberg Notably a major reform in 2005 in Baden- in 2005 in reform major a Notably conducts their their conducts Regierungspräsident , leaves their their leaves , Regierungspräsident (2) (in) Regierungspräsident(in) . were of different political have been in office office in been have 37 FEATURE DECONCENTRATION IN SEARCH OF COHERENCE

The guarantor of legality and and loans, elections, personnel or even This differentiated functional delegation to public management equity investments in companies. the Regierungspräsidenten shows that certain competences do not justify the As in the local authorities, the Competences beyond Bezirk's creation of a service in each of the four Regierungspräsidenten must reform their borders Bezirke. Moreover, it confirms the raison administration and reduce staff costs. d'être of the German intermediary During the 2005 reform, the competent authorities around the principle of In addition, the Regierungspräsidium Land administrations of Baden-Württemberg subsidiarity and the need to establish exercises the control of legality and were divided among the administrations outside the capital. The budgetary control over the acts of the Regierungspräsidien, depending on the government and its ministries spearhead Kreise, big cities, public institutions and geographical proximity but also by balancing strategy and policy, while implementation municipalities in second instance after the the weight of the four Regierungspräsidien. is delegated to Regierungspräsidien, based Landratsämter. The objective is to For example the safety and certification on cooperation with local authorities and guarantee the free administration of local service for manufactured products citizens. authorities while securing decisions. The (Regierungspräsidium Tübingen), support Regierungspräsident can exercise powers of newcomers refugees in Karlsruhe, the

of information collection, cancellation of public health department in Stuttgart and Sources : decisions, injunction, supervision but in cross-border cooperation with Switzerland, - Activity reports and documentation by the fact they mainly exert preventive control France and Austria in Freiburg. Regierungspräsidien of Freiburg, Karlsruhe, Tübingen and Stuttgart in the form of advice to the local authorities - Constitution and Code of Municipalities of Baden- and only decide on the legal acts voluntarily As such, the Regierungspräsidentin Freiburg Württemberg submitted to them, or by law (eg budget) represents the state of Baden-Württemberg - Jörg Bogumil, Ebinger Falk, "Die große and complaints. The most frequent subjects in the bodies and projects with neighboring Verwaltungsreform in Baden-Württemberg", 2005 of control concern the approval of budgets countries.

Fragility of intergovernmental cooperation and coordination instruments in Spain

José M. RUANO DE LA FUENTE Complutense University of Madrid 38 Out of more than 20 countries in the world of the stability of central governments and delegation of competences and resources that have a federal type structure (although at the rhythm of the demands for self- from central to subnational levels, but they represent more than 40% of the government of the nationalist governments. rather the fact that all levels of government world’s population), Spain is an atypical These governments have managed to are forced to interact, what requires case due to the characteristics of its negotiate a level of responsibilities above efficient mechanisms of intergovernmental decentralisation, based on the political those, in some cases, of the federated relations. momentum of the demands of peripheral states, which as a consequence, reject the nationalism, and the speed of that process, closure and standardisation of the model, It should be noted that, in contrast to other which has converted Spain, in little time, or any type of mechanism of multilateral highly decentralised countries, where the into one of the most decentralised states coordination, and only feel linked by the Constitution determines the distribution of in the world at regional level. arenas of bilateral negotiation with the competences between central government central government; that is, by government- and the federated entities, the open or Specifically, the lack of definition of a to-government agreements. incomplete character of the Spanish model territorial distribution model of power that and the preference for bilateral negotiation responds to a unitary or closed federal Following the first period of between governments has meant that the pattern - that is, opting for an open model institutionalisation of the autonomous statutes of the autonomous communities are that has been constructed on the basis of communities, with the creation of their those that determine the sphere of ‘pushes’ and demands for greater self- respective governments and parliaments competences of the regions and, indirectly, government by the nationalist leaders of (1979-1983), starting with the PP-PSOE the sphere of competences of the state. the Basque Country and Catalonia (demands 1992 agreements, all the communities Regarding the competences recognised in that were immediately replicated by the achieved the ‘competence ceiling’ of the statute, the regions will be able to, FEATURE other regions) - has allowed autonomous Article 149 of the Constitution, and the new depending on the case, implement specific communities to achieve a level of self- system of intergovernmental relations central government policies, develop government comparable to federal states, obliged the political centre and the legislatively the state legislation and at the price of the lack of a stable, periphery to negotiate permanently. That implement a shared policy or be uniquely forecastable and comprehensible tool set is, a small number of competences are responsible for the legislation and of coordination between the layers of exclusive to a particular level of implementation of their exclusive government. government, while the majority of competences. However, most frequent, as competences are shared. So, the essential has been said above, is the existence of Therefore, Spain has a pseudo-federal point of this decentralised 'cooperative shared competences between central and superstructure that has evolved in function type' model is not simply the transfer or regional governments. To the extent to which

EUROPEAN REVIEW ON PUBLIC ADMINISTRATION EUROPEAN REVIEW ON PUBLIC ADMINISTRATION - N°3 - JUNE 2020 DECONCENTRATION IN SEARCH OF COHERENCE

the autonomous communities have assumed administrations such as collaboration sectorial conferences, which are bodies of new competences, the distribution of agreements. cooperation between regions without the responsibilities between the state and the participation of the central government. communities has been channelled through Another consultative mechanism of “the basic legislation of the state”, a type coordination is the ‘Presidents’ conferences’ Therefore, despite the fact that the of legislation that is not expressly defined in in which the prime minister and heads of sectorial conferences are the formal the Constitution and that serves to establish government of the autonomous communities instrument of channeling intergovernmental the minimum elements that are of application can debate issues of general interest. relations, what is certain is that party throughout Spanish territory. The problem However, during the period of Spanish alignment, nationalist governmental consists in defining when those ‘minimum’ preferences for exclusive negotiations with contents in the basic legislation threaten the central government and the lack of faith sphere of regional self-government. What is of the national legislator in not allowing certain is that the Constitutional Court is horizontal conferences, seriously call into responsible for resolving conflicts over The building of the State of question their role as efficient coordinating competences but in hundreds of verdicts has the Autonomies has led to institutions. not been capable of clearly defining the limits of the state in spheres - also reserved the paradox that the fragility One alternative to the excessive state for regional action - as important as of the coordinating intervention in many regional competences education, health, economy and instruments contrasts with through their framework laws could consist environment. That lack of specificity, over in structuring the Senate as a body of the tier of government that is in charge of the range of competences territorial representation, of collaboration the competences, has traditionally resulted assumed by the autonomous and integration of the autonomous in a high number of conflictive cases brought communities in the constitutional bodies before the Constitutional Court. communities in record time, of the state. However, the superposition of compared to other federal Spanish federal structures on a previously Therefore, since the 1978 Constitution, we systems unitary system, which has been a can say that the autonomous communities consequence of their permanently open have consolidated themselves as nature, has structured a Senate more like representative institutions and deliverers that of the unitary and centralised states. of services, but the State of the Autonomies The Senate functions more like a 'review still has problems as an integrated and chamber' and not as a space of multilateral coherent institutional system. To a great democracy the conferences have only been dialogue between autonomous extent, the level of intergovernmental called by successive prime ministers on five communities. conflict is due to a lack of efficient occasions and in an irregular way (2004, coordinating mechanisms that are more 2005, 2007, 2009 and 2012), depending on In conclusion, the building of the State of typical of decentralised states. That is, the the negotiating will of the head of central the Autonomies has led to the paradox that 39 State of the Autonomies has progressively government. the fragility of the coordinating instruments federalised itself without having available contrasts with the range of competences instruments of coordination typical of On the other hand, the ‘sectorial assumed by the autonomous communities federal states. On the other hand, its conferences’, coordinating bodies between in record time, compared to other federal development has been marked by bilateral national ministers and the equivalent systems. negotiations between central and ministers of autonomous communities, nationalist governments: with the former began to meet at the end of the 1980s and, seeking stability and the latter looking for although the number of meetings has advantages and differentiating factors. gradually increased over time, both its What is clear is that the system as a whole functioning and above all its coordinating suffers due to a lack of effective cooperation efficiency are very irregular, according to and coordination mechanisms that give the administrative sectors, and depend sense to public actions in their entirety and upon the negotiating attitude of the coherence to the institutional system. minister who calls and presides over the meetings. The link between the national government b a and the regional ones is the Government Furthermore, the coordinating capacity of Delegate (Delegado del Gobierno) which is the sectorial conferences is limited by the located at the top of the peripheral party colours of the ministers of the administration of the state and represents autonomous communities. That is, if they the national government in the territory of belong to the same political wing of central the autonomous community. It is in charge government, they will subordinate FEATURE of the coordination of the peripheral themselves to the political directives given administration of the central government that their political boss is the prime with the ministerial departments and with minister of the national government. regard to the competences related to Meanwhile, the nationalist governments, intergovernmental relations, it is part of more favourable to the instruments of the Mixed Transfer Commissions or the bilateral negotiation, distrust a coordinating Bilateral Cooperation Commissions what body that puts all the autonomous allows it to promote the use of cooperation communities on an equal footing. On the mechanisms with other local or regional other hand, there are no horizontal

EUROPEAN REVIEW ON PUBLIC ADMINISTRATION EUROPEAN REVIEW ON PUBLIC ADMINISTRATION - N°3 - JUNE 2020 DECONCONTRATION IN SEARCH OF COHERENCE Development of regions within public administration Jana MARASOVA Lecturer, Faculty of Economics, Matej Bel University of Banska Bystrica

Maria HOREHAJOVA Lecturer, Faculty of Economics, Matej Bel University of Banska Bystrica

Since 1993, the year of the birth of municipalities. Municipal funding, which conducting an objective analysis of independent Slovakia, the evolution of the until now was only a transfer of funds from operational problems, which leads to a territories and the public administration the state budget, was radically changed in too slow evolution in the implementation has undergone several changes in its 2005 as local taxes became the main of public policies and the provision of administrative organisation. This evolution resources of municipal budgets. The public services; was based from the outset on a desire to organisation of the education system has • Public funds are essentially allocated to decentralise state power, which was also undergone considerable revamp, with operating expenses of the state naturally due to a desire to break with the several competences being transferred administration; this cost is growing, to negative experiences of the centralised from the Ministry to local and regional the detriment of investment that could system of the former communist regime. authorities. improve the supply and quality of public services. Historical background Despite these changes in the public administration, its territorial division, In view of these findings, the objective of In 1990, after the fall of the totalitarian organisation and financing, the European the ESO reform is to optimise the structure regime, at the beginning of the Commission notes that the services of the state administration and its operating democratisation process, a first major provided to citizens remain insufficient in processes, at national and local level. reform of the public administration terms of quality and efficiency(2). That is consisted of the abolition of regional why the Slovak government launched the As for the improvement of the services bodies, on the one hand, and the creation same year a major reform, called ESO offered to citizens and businesses, it of districts (38) as well as smaller territorial ( Effective, Reliable and Open should lead to the establishment of one- units within districts (121), on the other Administration), which should be carried stop shops, aiming, on the one hand, to hand. out until 2020. increase the quality and efficiency of delivery and, on the other hand, a reduction 40 From 1996 to 2003, further changes in the in the bureaucracy and cost associated territorial and administrative organisation with this service. Better transparency and were made, including the creation of 79 accessibility of services are also expected districts and eight regions and the from ESO. establishment of eight regional offices (Krajský úrad) as state territorial In a young democratic However, although the reform started five representatives (STR). context, territorial years ago, the establishment of one-stop representations have a shops and the development of other However, these were removed in 2007 and planned measures have not been their competences redistributed among history too short to count on completed. It seems a bit early to evaluate district offices (Okresný úrad) and some real leaders and competent its success or failure right now, but some specialised state institutions created at the staff critics(3) already speak out: ESO would not regional level. reduce the cost of public services, the processes of cutting down on red tape or As for the administrative organisation of developing electronic services would be local authorities, a two-tier system was set too slow and implemented in a questionable up: municipalities (municipalities and manner. cities) and regional councils (VÚC - vyššie This reform is based on the results of územné celky). Since then, despite analyses that have shown that: repeated criticisms(1) concerning this • Various services of state administration ( 1) SLOBODA, D. and DOSTAL, O. (2005): Zupny territorial division and the efforts of some bodies (the 79 district offices) are variant. Navrh na zmenu uzemneho clenenia SR. to redevelop the regions as they were at subordinate to the relevant ministries, Bratislava: Conservative Institute. Retrieved from:

FEATURE http://www.konzervativizmus.sk/ upload/Zupny_ the time of the first Czechoslovak Republic their management is vertical, fragmented variant_2005/, date accessed 13 November 2014. (1920), the VÚC have remained the same and isolated; (2) EUROPEAN COMMISSION Staff working document, since 2003. • There is no adequate system of human 2014, p. 27-28. Assessment of the 2014 national resources management in the state reform programme and stability programme for From 2004 to 2012, reorganisation administration, which would enable the Slovakia. Brussels, 2.6.2014 SWD (2014) 426 final, strengthened the efficiency and training of real civil servants upon hiring, retrieved from: http://ec.europa.eu/ europe2020/, date accessed 16 December 2014. management quality of the public their appraisal and adequate (3) HAMALOVA, M et al. 2014. Teoria, riadenie a administration. This has been formalised remuneration; organizacia verejnej spravy. Bratislava: Walters in particular by fiscal decentralisation • The state administration system does not Kluwer. concerning the financing of cities and have enough specialists capable of

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Persistent legislative problems an appropriate methodological, are very little in respect of regional institutional and financial framework. Two development or innovation. To achieve the One of the issues that remains problematic documents define the role of VÚC in the PHSR, the VÚC develop their innovation and where the current reform does not development of territories: a Programme strategies on their own, or in collaboration provide solutions is the lack of coherence for Economic and Social Development with district offices (STR) but, at the between the action of the territorial (PHSR) resulting from strategic planning institutional level, the participation of the representatives of the state (district and an Urban Plan. However, while the law latter in the RIS is not guaranteed. The offices) and that of the representatives of specifies the structure and programming fact that the representatives of the VÚC the decentralised local authorities (VÚC at phases of the PHSR, it does not provide for invite STR and other stakeholders the level of the regions). monitoring and evaluation of the results (universities, research centres, achieved. Moreover, it does not specify representatives of the business community) This problem is particularly tangible with which actors should participate in the to participate in the development of their regard to regional development. Upon the creation of the PHSR, nor which regional RIS depends only on the good will of the emergence of the VÚC, the legislative policy instruments are necessary for its individuals responsible for the regional framework (2001) defined their role and implementation. strategies. responsibilities for the economic, social and cultural development of their Another problem is that, although it is Legislative powers are a second obstacle territories. One of the objectives assigned clear that the development of a region to innovation. The European Union, which to VÚC is to reduce regional disparities by cannot be achieved without the cooperation pays great attention to the development identifying and mobilising the human and of regional and municipal authorities, the of the regions and allocates considerable social capital of the region. law does not require these entities to make financial resources to this end, has always their development projects compatible. emphasised the importance of the The law requires these regional authorities Municipalities are not subordinated to VÚC territorial authorities in terms of to carry out planning, investment and and, therefore, the coordination power of innovation. In Slovakia, however, the two entrepreneurship activities in order to the latter vis-à-vis municipalities is very laws of 2001 and 2008 do not define the create favourable conditions for the limited(4). Without minimum harmonisation powers of municipalities or VÚC. The development of education, culture, health, of priorities and perspectives, the effective situation is paradoxical: the territorial sports and tourism systems. VÚC are development of a territory is impossible. authorities are legally responsible for the supposed to co-operate with municipalities, However, the law pays no attention to the economic, social and cultural development particularly with regard to the programmes process of ensuring the compatibility of of their territories, but in terms of of economic and social progress of the development projects carried out by these innovation, the driving force behind this territories. Thus, they have become two levels of territorial administration. development, they do not have adequate important players in the development of competences. the regions. The innovation issue A third point concerns the financing of However, the 2001 law does not specify Innovation drives the development of a innovation. Since there is no arrangement 41 the instruments that regional authorities region, particularly in terms of its economic to oblige VÚC to finance innovation, budget must employ to achieve these objectives. performance and, consequently, its resources are rarely allocated to this goal. In line with the 2005 tax reform, the main competitive capabilities. In this, support However, a VÚC wishing to contribute to VÚC resource consists, in part, of the for innovation and the definition of the development of its region cannot but income taxes of the citizens of the region strategic objectives in this area are channel financial resources into innovation. and, on the other hand, their power to tax becoming increasingly important in The law allows it to finance companies it car owners. regional VUC policies. The necessities of has founded and whose activity contributes participation and partnership are to regional development, through subsidies VÚC use these resources to finance their increasingly emphasized. The Regional or repayable financial assistance. In the ‘original competences’ (funding for Innovation Strategy (RIS) focuses on the same way, a VÚC can participate in the schools, inter-city transport, social affairs, internal factors of regional development financing of activities exercised by part of the road network, etc.), while and the innovation capabilities of municipalities, if these activities contribute other VÚC competences, called ‘delegated companies within the region. This attention to the development of the region. It is also competences’ because they have been to innovation should encourage state possible for it to give a share of its own assigned to them by the state, continue to territorial representatives (STR) and revenue to private companies, provided be financed by the budgets of the relevant territorial authorities (VÚC) to join forces that they also contribute to the progress ministries. As for the financing of innovation and cooperate consciously and effectively. of its region. activities in the regions, which represent However, the reality is more complex the driving force for their development, because it depends on certain general In spite of the legal requirements imposed the above-mentioned law does not refer problems and more or less favourable on the territorial authorities, it is the state to them. conditions depending on the region. (the government and the ministries), the STR (district offices) and other organisations FEATURE In 2008, a new legislative standard for the Firstly, there is a general problem of operation of VÚC and their influence on coherence between state territorial regional development came into effect, representatives (STR) and that of the without providing solutions. Even if the territorial authorities (VÚC). The latter do objectives of this development were not have, at their regional level, partners (4) CERNAKOVA, V. 2012. Moznosti podpory defined therein (to boost employment, representing the state, since these are at inovacii na regionalnej urovni. Kosice: economic performance and the competitive the district level. The state administration UPJŠ, Ekonomicke aspekty v uzemnej capacity of the regions), these remain in the regions is represented by only a few samosprave II rather declarative, without definition of specialised offices, whose competences

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such as the Slovak Academy of Sciences considered for the most important ones. long enough to implement coherent (SAV) or Agency for Support and In the first place, one of these reasons is development strategies, which brings us Development of Innovation, which have the silence of the law regarding the to the next problem. the most important role in innovation. The position of the territorial authorities (VÚC) Research and Innovation Strategy for Smart in the development of regions, their The functioning of the state territorial Specialisation of the Slovak Republic is the competences, their obligations towards representatives is under strong political key document on this point. different partners, as well as the financing influence. At every parliamentary election, of some of their activities. Clearly defined the winning political party systematically It is an instrument drafted by the Ministry rules, for example, as regards grants from replaces the STR leaders and the new of the Economy and the Ministry of the state or access to EU funds, strengthen leaders part with the initiatives of their Education, based on the Europe 2020 the role of local authorities and would predecessors, to the detriment of a stable priorities, whose objective is to promote promote their cooperation with STR. and coherent state policy. This is the sign research and innovation in 2014-2020. In of a certain immaturity of society in terms defining the ambitions of the innovative Bottom-up initiatives, those of the of political collaboration. The maturity in strategy, the need for greater territorial authorities themselves, but also question will only come with time and with decentralisation in terms of innovation is those coming from companies or citizens, the development of the experience of a very clear. The integration and networking could lead to pressure on the state to force democratic social system. of companies and their suppliers is it to modify the legislative framework to supposed to contribute to the creation of make it favourable to balanced Finally, the last point to be addressed local added value. This principle of development of the regions. regarding this problem of coherence decentralisation should be reflected in between the strategies of the local better cooperation between the STR and Furthermore, territorial authorities (VÚC) authorities and those of the STR, concerns the territorial authorities, both during the do not have STR partners at their level, the status of civil service in Slovakia. In a preparation phase and during the they can only address the district STR when young democratic context territorial implementation phase of regional it comes to development. Given the representations have a history too short to innovation strategies. However, practice competences of the latter, limited to their rely on true leaders and competent staff. shows that this cooperation is either administrative units, this undoubtedly insufficient or does not exist at all. complicates cooperation. Until now, no national system, offering initial and continuing training aimed at For better coherence of territories But if there are visionary and competent developing their careers and, thus, a stable and state territorial leaders on both sides, considering this public service, has been put in place. representatives cooperation as necessary for the well- being of all citizens, they could develop There are a number of reasons for this lack their exchanges and make them productive; 42 of coherence. Some solutions can be provided that these leaders hold office

Territorial reforms: where is Belgium in the picture Jean-François HUSSON Centre for Research in Public Action, Integration and Governance, Catholic University of Louvain and University of Liège

While France is wondering whether to keep GDP, Communities and Regions - 16%, the small municipalities or to increasingly federal power (excluding social security) integrate them in an inter-municipal level 9% and local authorities 7%, in total, and - to the point of evoking the disappearance subject to rounding, a little less than 50% of the municipality - the situation in Belgium The institutional debates of Gross Domestic Product(1). is quite different. This article proposes a brief overview of the situation in Belgium, take place in a context What developments are in the pipeline? first addressing federal structures before where we cannot rule out a dealing with local authorities and in new reform of the state after Remember that the margins of Flemish particular municipalities. political world want the Belgian state to the next federal elections, disappear. As for federal structures, the 1. Federal structures which could see a new situation is asymmetrical and complex. In FEATURE transfer of powers (which attempting to schematize, the Flemish While the expression mille-feuilles seems Community exercises the powers of the to be a label for France, in Belgium it is ones?) to the federated Flemish Region while the French Community, another dish that we use to refer to the entities, even transition which has been cash-strapped, has institutional configuration - lasagna given to confederalism transferred many of its original powers to the existence of several levels of power, as summarised in Table 1. (1) P. Bisciari et L. Van Meensel, « La réforme de la loi de financement des Communautés et Régions », Revue économique de la Banque nationale de To set priorities: primary expenditure of Belgique, June 2012 social security accounts for about 18% of

EUROPEAN REVIEW ON PUBLIC ADMINISTRATION EUROPEAN REVIEW ON PUBLIC ADMINISTRATION - N°3 - JUNE 2020 EUROPEAN REVIEWONPUBLIC ADMINISTRATION (b) For therecord,CommunityCommissionsalsoexiston theterritoryofBrussels-CapitalRegion. decide. to Court Constitutional the to up is it conflict, of case In ordinances). case oftheBrussels-CapitalRegionon thesamelegalfooting(exceptforspecial are and communitydecrees regional laws aswell (a) Federal Tableau 1 another. toentity federated one from vary may public policy instruments and timelines common problems. Inview of theabove, follow convergent paths,confrontedwith the regions. These appearinsomewaysto of responsibility the within is organisation It shouldalsobenotedthattheterritorial municipal companies. police zones,reliefzonesandinter- framework, namelya supramunicipal in often most competences, specific with dealing is complementedbyinstitutions municipalities andprovinces. Their action of power, theoriginofwhichisold,namely levels two on based are authorities Local 2. The localauthorities stemming fromregionalisation. areas these in issues pending overcome to of airports,energyandmobility-inorder power)of certainpowersterms notablyin - re-federalisation (i.e.areturn to federal for argue Flanders) in (even some hand, transition toconfederalism. Ontheother federatedeventhetothe entities, new transfer of competences (whichones?) a couldsee which 2019), (June elections reform ofthestateafternextfederal context where wecannot rule out anew These institutionaldebatestakeplaceina Walloon andBrussels-CapitalRegions. to transfertheFrenchCommunity into the intensity, voices more and more are there varying with Brussels side,but on the Communities.WalloonBothonthe sideand territory to beadministered bythetwo Brussels-Capital Region infavour of a parties insistonthedisappearanceof Flemishpolitical several hand, other On the region. which would seeitself wellina...fourth latter fromthe request a to responding the German-speakingCommunity, transferred anumberofregionalpowersto the Walloon Region. Inturn,thelatterhas Communities Regions Federal state LEVEL communities) 3 (Flemish,FrenchandGerman-speaking Regions) 3 (Walloon, FlemishandBrussels-Capital 1 NUMBER 100,000 inhabitants: Ghent and Bruges in andBrugesin Ghent 100,000 inhabitants: than have more cities eight only Antwerp, competences. municipal certain After with charged executive and council of a than 500,000inhabitants,election withthe municipal districtsinthislast city ofmore big. too ofinfra- creation the This ledto one, but small too isobviously Antwerp, As for thesize ofmunicipalities,someare authorities. publicthe among austerity general of period a in sofrom1982, more even and 1970s the of end municipal levelatthe of serious austerity measures atthe a fiscal slippage that has led to the adoption the mergeritselfhasbeenoccasionfor cases theyhaveledto economiesofscale, many in While mergers? these about What materialised onlyintheBrusselsregion. partially which but for "bigcities", intended unsuccessful) andalaw on agglomerations, incentive schemes (whichwere largely followed consultation), (after Interior the merger,forced This of Ministry the by led this numberwasbroughtdowntoonly589. municipalities), Brussels 19 ofthe exception Belgian municipalities(withthe of merger year,following large ofa wake the in after apeakin1961-to23591975. The -and ofindependence time the at 2492 The number of municipalitieschangedfrom economic development...). spatialplanning,culture, (infrastructure, while newpowers were granted to them water supply, gas, electricity, sewerage) generated newmunicipalservices (for century, 20th the In have demands new result of economic andurbandevelopment. emergedasa municipalities new time, supervisionof societies.mutual same the At and intervention charity education, expanded inthe19thcentury to compulsory maintenance of order andtranquility, it limited tokeepingcivilstatusrecordsand If, initially, theroleofmunicipalitieswas 2.1. Municipalities DECONCONTRATION INSEARCHOFCOHERENCE Education and culture Education andculture Economic andterritorialcompetences Social security Regalian functions MAIN COMPETENCES EUROPEAN REVIEWONPUBLIC ADMINISTRATION -N°3JUNE 2020 departments, increased to 10 in 1994 with departments, increased to10in1994with the French from The 9provinces, inherited 2.2. Provinces technical competences. often rural, faced withincreasingly complex most municipalities, forsmall particular in topical, remains supramunicipality Finally, of question the cases, insome encouragedand by thefederal government. evolutionan Flanders - alreadyunderwayin Social Action -beingonepermunicipality the currentindependentPublicCentresof of structure municipal the into integrating by agenda, political the on are mergers On thecontrary, more intra-municipal Wallonia Region. Brussels-Capital andthe in occur may and Flanders in continue however will Mergers anchoring. municipal regional andcommunitypoliciesbasedon many bythe evidenced as threatened, In conclusion, themunicipal level is not NVA -inambush. alone withaFlemishnationalistparty-the and sociologicalbalancesaresensitive,let than not itispostponed, asthepolitical often more but agenda the on regularly Region, thequestionofmergeris Flemish side. Finally, intheBrussels-Capital municipalities beingamajorityonthe smaller demand,the little iscurrently there municipalities ison avoluntary basisbut On theWalloon side,themerger of today. 308 against municipalities 300 had Region.by the 2019, Flanders On1January through arecoveryofpartthelocaldebt ofmunicipalities mergers encourage has motivated theFlemishRegion to situation of theselattermunicipalitiesthat rather lessthan100-inhabitants).Itisthe a municipalitywithfewerthan1,000-or 5,000 orevenfewerthan2,500(including under have 69 ofthese, and, inhabitants municipalities have fewer than10,000 230 scale, ofthe end other the At Charleroi, LiègeandNamurinWallonia. region, Brussels the in Schaerbeek and Flanders, theCityof Brussels, Anderlecht NO YES YES TAX POWERS 43 FEATURE DECONCONTRATION IN SEARCH OF COHERENCE

the split of the Province of Brabant into a provincial education to the French companies and/or with participation of Flemish Brabant and a Walloon Brabant, Community or municipalities, being unable other levels of power (province, region), the Brussels-Capital Region being the only to support the expenses currently borne called intermunicipal, provide a diversified portion of the Belgian territory without a by provinces(5). set of services: healthcare, energy provincial structure. distribution, economic development, 2.3. L’Agglomération bruxelloise waste collection, etc. Over the years, the Since the beginning of the 2000s, in view number of these intermunicipalities has of the added value of this level of In the Brussels-Capital Region, there is an been reduced. Depending on the regions questionable power, the Flemish Region agglomeration, which is in a way the and sub-regions, some of these dramatically reduced the financial predecessor of the region and allows it to intermunicipalities develop a multi- resources granted to it. The disappearance have powers of public policy that other business approach on a geographical basis of the provincial structure in Flanders regions do not have. while others develop a sectoral approach, seems imminent. sometimes raising questions about the The law of 26 July 1971 on federations of interest of investments abroad or again on municipalities and agglomerations was to governance practices. In the Walloon Region, the provincial apply to the country's major cities, namely powers framework was limited in the early Brussels, Antwerp, Ghent, Charleroi and 3. Concluding remarks 2000s and regional funding was reduced. Liège. In short, these federations and The latest regional government agreement agglomerations were transferred municipal Without prejudging changes in institutions (June 2017) refers to the disappearance powers (firefighting, cleanliness,...) and concerning Belgian federal structures, we of the provinces, but the outlines of this were assigned a fiscal capacity. These should note that local authorities in Belgium reform remain unclear to this day. agglomerations were to be managed by rely both on a municipal level whose bodies elected in direct elections, as was existence is strengthened (including by In the latter case, a commission of 27 (9 organised in Brussels in 1971. This was mergers between municipalities or even representatives of the Walloon implemented in the Brussels region alone, between municipal level bodies) and Government, 9 representatives of the the only one where there was no merger provincial level questioned without a clear Walloon Parliament, 9 representatives of of municipalities(6). And the agglomeration alternative (at least in Wallonia). Coupled the Walloon municipalities and provinces) still exists since it is thanks to it that the with the debate on intermunicipal public was set up in the early 2000s. It examined Brussels-Capital Region has been endowed companies, this is an important issue - various forms of supramunicipality, a series with security competences following the particularly on the Walloon side - both in of "urban community" having emerged in 2011 State Reform. terms of services provided to residents and Hainaut while other more flexible businesses and in terms of governance. structures appeared in the Liège region. 2.4. Specific structures While some have interpreted this as an alternative to provinces in this role of Beside this, there are specific structures. 44 supramunicipal body, others have especially seen the risk of non-transparent There are thus 196 police zones, structures, without an elected assembly monomunicipal (covering a single and without external control(2). municipality) or multi-municipal (covering (2) Provinces are partially subject to the control of several municipalities); it is the local level the Court of Auditors If the provinces appear little known in their of integrated two-tier police that was (3) A fortiori when the territory does not correspond actions (which differ quite strongly from established as a result of the "merging" of to a sociological reality, like the Province of Hainaut.

one province to another) and sometimes all police forces and the Gendarmerie at (4) (3) Some political entities advocate transferring even disliked , they have also been served the turn of the century. At the same time, education to the Walloon and Brussels-Capital by the expensive image or baronnies that 32 rescue zones, all multi-municipal, Regions, where appropriate by "liquidating " the certain provincial executives have been provide firefighting and ambulance structure that constitutes the French Community. able to give at certain periods, sometimes services. These two areas are regularly This solution would be a priori the only one to even recently. subject to tensions between local face this problem of taking care of the costs of the provincial education. authorities and the federal government, (5) Which a fortiori have a tax authority Finally, the intervention of the Walloon the former (especially on the Walloon side) (6) provinces in education is a strong argument claiming that federal funding is insufficient. It should be noted that, formally, this law is still (4) effective in the Code of Local Democracy and for their retention. As things stand now , Decentralisation of the Walloon Region. it would be impossible to transfer the Finally, around 150 multi-municipal public Coherence of territorial public action put FEATURE to test amid federalism Christian DE VISSCHER PProfessor at the Catholic University of Leuven

Belgium has been in the era of federalism educational and language competences planning and environmental protection, since the 1970 constitutional reform, which were transferred, and three regions public works, regional transport, housing established two types of federated entities: (Wallonia, Flanders and Brussels-Capital), and organisation and supervision over local three communities (French, Flemish and which have been given powers in terms of authorities. German-speaking) to which cultural, social, aid for economic expansion, regional

EUROPEAN REVIEW ON PUBLIC ADMINISTRATION EUROPEAN REVIEW ON PUBLIC ADMINISTRATION - N°3 - JUNE 2020 EUROPEAN REVIEWONPUBLIC ADMINISTRATION action, itistheegalitarianoption ofpublic ofimplementation level the At municipalities the Federal Authority, theregions andthe by enacted standards the between arise settling conflicts of competences that may Court created in1980is responsible for Constitutionalthe addition, In entities. different between procedures consultation ofmandatory shared competence,areas federalisation lawsimpose,particularlyin capacity ofthelatter. Ontheotherhand, exception of limiting theborrowing regions andmunicipalities, withthenotable exercise anykindof supervision over law. The central government cannot to these entities is equivalent to federal or municipaldecreeinmatterstransferred regional a municipalities: and regions the set bythefederalauthoritiesandthose standards the between isnohierarchy There and development of cooperation subject matter - asaforumfordiscussion community ministers depending on the or regional federal, together bringing interministerial conferences-of role coordination and prevent conflicts. It is the provided mechanisms to organise have laws reform institutional sure, For imperatives requiresuchcoordination. hydraulic) ortechnical(telecoms,energy) homogeneous, or whennatural (e.g. of powers betweentheentities is not particularly thecasewhenseparation involved inthesamepolicy. This is are entities several when coordination administrative and political cumbersome say, to Needless toleads choice this decentralised publicservices. functionallyappropriate, where and, administration, deconcentrated services central services: administrative own its has authority Each orcompetent. is responsible municipality -enactspoliciesforwhichit power -Federal Authority, region, eachlevelof saythat isto that prevails, increasingly appeartobe(...) coordination ofterritorial federalisation regions the relevant arena of Amid the country's Amid thecountry's mobilisation and mobilisation and public action (1) . (2) which which and notonthe promotion ofterritories aeronautics orbiotechnologyfor example, suchas future, different sectorsofthe the creationofcompetitiveness clustersin policy focuses on businessnetworks and entrepreneurship andinnovation. This encourage to policyintended industrial governments laidthefoundationsforanew 2015-...) adoptedbythesuccessiveWalloon 2010-2014, 2004-2009, (1999-2004, Plans not always obvious. Thus, theMarshall is plans sectoral with transversal, nature Consistency betweentheScheme,by economic sectors. ofthe needs the accordingto region the objectives for theterritorial planning of and whichtends to define anumber of originallypolicy tool, designedasaland Scheme –whichisakindofcontract-plan, the as known Territorial Development Spatial DevelopmentScheme(SDER)–now preferred toolonthispointistheRegional level. regional Wallonia, in Thus the orsub- regional the at whether projects, regional design help or coordinate to They usevariouspublicpolicyinstruments coordination of territorialpublicaction and ofmobilisation arena relevant the of thecompetences attributed to them– regions increasinglyappeartobe–because But amidthecountry's federalisation the country. of South the and North the between peace This isthepricetopay, nodoubt,to keep economic development oftheterritories. regions competent inplanningand responsible forrailtransport,andthe Authority, Federal the between conflicts RER around Brussels because of themultiple construction ofaregionalexpressnetwork the in accumulated delay considerable country. A veryunfortunateexampleisthe or environmental development of the social foreconomic, issues ofpriority range policy, a on blockages political oreven less coherentpublic a to has inevitablyled their autonomy andbuildtheirlegitimacy, The riseofnewentities,seekingtoincrease mission -providesacoordination council ofministers on therecommendationof thefederal government, regional bythe - appointed services forwhichtheprovincialgovernor emergency and policing are exceptions only territories. the in entities federated The Federal ofthe services and/or Authority coordinating theactionofdeconcentrated with charged power central of the there isno-liketheFrenchprefectagent that sense the in isinstitutionalised nothing ofleveladministrative coordination, theat hand, On theother agreements. (3) . DECONCONTRATION INSEARCHOFCOHERENCE EUROPEAN REVIEWONPUBLIC ADMINISTRATION -N°3JUNE 2020 (5) (4) . .

Meny( by defined as option “decentralized” the to according that, recall us Let projects. local place in put to municipalities Regions also rely onprovinces and Finally, theassertionofregionalfactor different electedpowers. administrations, whichcome under subject matter)andthelocal the to according orregional community ministries of thecentral power (federal, the cooperation of external services of of planningpermits. This modelisbuilton municipal developmentplansandtheissue foradoptioninclude, the ofexample, regionallevel. Theseco-management tasks at defined policies the of part large very a their own policies, buttheyalso implement competences andresources to develop public action (districts, counties or counties (districts, public action is tosay“theemergenceofnewlevels that ofre-territorialisation, by amovement is accompanied,accordingtoLeloupetal, (6) (5) (4) (3) (2) (1)

vs Meny, Yves Namur, InstitutDestrée,2013. ?, pourle(s)territoire(s)wallons(s) vision(s) P. Destatte &M.VanCutsem (dir.), Quel(s) Academia, 2012,p.159. L’Harmattan- Louvain-la-Neuve, Belgique, en Schiffino, publique en Belgique », D. Aubinetal.,«Lacomplexitédel’action Namur, 2012. Etude sur les activités des provinces wallonnes, Behrendt),C. professeur le avec collaboration (en ASBL wallonnes Provinces des Association 1991. Y. Meny,Politique Comparée, Paris, Montchrestien, Bruxelles, Bruylant,2014. Uyttendaele, Les institutions dela Belgique, réforme del’Etat, Bruxelles, CRISP, 2014.M. la Belgiquefédérale.Laaprèssixième P. Blaise,J.Faniel&C.IstasseC.,Introductionà territorialisation, that is to territorialisation, thatisto say theemergence ofnew oftheregional factoris 6) levels of public action levels ofpublicaction (districts, countries or (districts, countriesor , local authorities have important , local authorities have important accompanied by a accompanied bya movement ofre- agglomerations) La reconfiguration de l’action publique publique l’action de reconfiguration La op. cit. The assertion D. Aubin, F. Leloup, N. in D.Aubin,F.Leloup,N.

45 FEATURE DECONCENTRATION, AN OBSCURED REALITY

agglomerations). These levels no longer supralocal or trans-municipal cooperation (7) F. Leloup et al., « La gouvernance territoriale correspond to political entities regulated do not replace the existing inter-municipal comme nouveau mode de coordination by elective suffrage; they fit into new associations, but are different from the territoriale ? », Géographie, économie, société, spatial forms (for example trans-municipal) latter as long as they are only voluntary 2005/4 (Vol. 7), p. 323. or new forms of territorial organisation groupings around a project or a vision., on (8) R. Claudot, Dynamiques des coopérations (rendered by the notion of a living area for the initiative of the municipalities and, transcommunales construites par les acteurs example)(6)”. Thus, in Wallonia, the where appropriate, of private partners or locaux des espaces ruraux wallons, Collection études et documents, série aménagement et development of the SDER at the end of the citizens. These trans-municipal associations urbanisme, 2016, n° 13, Namur, SPW/DG04; 1990s was an opportunity for the Walloon are active mainly in the field of spatial F. Leloup, « La transcommunalité à l’épreuve du government to encourage the development planning and use existing legal forms fédéralisme : une illustration en Région of partnerships at the level of living areas (ASBL). wallonne », Revue française d'administration through subsidies. These new forms of publique, 2017/2 (N° 162), p. 353-368.

Territorial reform in Italy: an unfinished evolution Giuseppe BETTONI Professor at the University of Rome « Tor Vergata » The governance of the Italian territory, as reform that was only half completed. in many other countries, is subject to continuous reform. The Italian institutional Indeed, since the 2001 reform, the system, based on the outcome of the The 2001 reform gave birth Provinces have had a lesser part, wedged referendum of 2 June 1946 of a republican to a new regional entity, between the regions (the real winners of regime, has for a long time known certain this reform) and the municipalities stability. It is centralised like the French with a role of a main (historically very powerful in Italy). Except system and only provides for the stakeholder, but no clear for the maintenance of part of the national deconcentration of certain administrations, scope of action with regard education establishments, part of the roads with a prefecture being placed in each and the control of natural hazards, they department (Provincia). It was not until to the state did not have much left to do. But in the 1970 that the system of regions was set up, face of social discontent with those accused even though it was well enshrined in the of forming a caste, that is, elected 1946 Constitution. In reality, at this time, representatives from all walks of life and this was only another level devoid of real Hands operation launched in 1992 by the all levels, the government of Mr Enrico powers: Italy was still a centralised investigations of the magistrates' team of Letta had to demonstrate to the Italian 46 republic. A real takeover of the local on the Milan Court, the Italian parliamentarians voters that the government got the the central level began only in 1993 for were perceived as the products of a message. It was necessary to simplify the municipalities and in 1995 for regions. From clientelist system, which had indebted the "Italian mille-feuilles" perceived henceforth 1994 until the constitutional reform of country without any advantage for the as a pile of "boxes", serving only to offer 2001, the evolution led to real administrative citizen. This negative image gave voters remuneration to the Italian political caste. reforms, which required a modification of the feeling that they could only trust their the Constitution. This change was local elected representatives, who were The Delrio Reform introduced by Constitutional Law No 3 of more reliable than those at the national 18 October 2001. level. It is in this context that the 2001 We must return, as a preliminary point, to reform gave most of the legislative power the so-called Delrio reform, named after Today, Article 114 of the Constitution sets to the regions and entrusted this authority Minister Graziano Delrio. This law of 2014 out the structure of the Italian Republic: with a very large number of powers, some results, as pointed out above, from a “The Republic shall be made up of of them in competition with the state, the growing popular pressure on a political municipalities, provinces, metropolitan two levels having the right to determine class increasingly considered unfit. To the cities, regions and the state. Municipalities, them. general surprise, the 2013 national elections provinces, metropolitan cities and regions saw the victory of a citizen movement that are autonomous entities with their own This situation evolved from 2005 to 2012. appeared for the first time in national statute, powers and functions, in During this period, it was the turn of several elections: the Five Star Movement. This accordance with the principles set out in elected Regional Councils (Lazio and prompted Letta's government (composed the Constitution. Rome shall be the capital Lombardy, in particular, but no region was of a coalition from right to left, but without of the Republic. Its status is governed by spared) to be brought to justice for bribes, the Five Star Movement) and then that of the law of the state.” abuse of public funds, fraud, etc. This Mr Renzi to send a signal to their voters. In FEATURE period gave rise to the discontent of the face of persistent criticism of the As we can see, this Article treats on an citizens to fuel social movements, some of existence of a very expensive and inefficient equal footing all the institutional levels, which will result in the creation of genuine political caste (Stella & Rizzo, 2007), which which the provinces are obviously part of: political parties, such as the Five Star had to be done away with, the government the state is placed at the same level as the Movement, now the leading Italian political decided to propose a reform which would municipality. party. probably require a little more work and planning. The aim was to reduce the costs This situation is the result of a specific This preamble was necessary to introduce of the Italian political system by removing power relationship between the state and the most important reform in Italy in the one of the institutional levels, which are local authorities. After the so-called Clean field of local government since 2001, a still available today, according to the

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Constitution, five in number. On this point, a territorial delineation which is not clearly however entrusting to them real means of we must focus on the action taken to explained. Of the fourteen cities dubbed actions. achieve this and, above all, on the impact "metropolitan" by the legislator, only three on the metropolitan city actually have a metropolitan system: The 2001 reform gave birth to a new Rome, Milan and Turin. Another one has this regional entity, with a leading role, but All Italian provinces have been transformed system but only for part of its territory: without a clearly defined framework for into a second-level institution, that is, they Venice, whose metropolitan system should action with regard to the state. At the time, are no longer directly elected by the also have covered the provinces of Padua the balance of powers between local actors citizens. The mayors of municipalities and Treviso, left outside. In fact, these are and the state was confusing and in this which make up a province are members of three different provinces but part of a context, the establishment of competing the Assembly of Mayors, and the Government highly integrated socio-political system competences (a solution used by the is composed of the President, elected that could have been unified in a single German Constitution, but in a much among the mayors. The members of the metropolitan city. Other cities also deserved narrower and clearly defined framework) Assembly receive no remuneration, even to be included among the "metropolitan was deemed relevant. But this competition the President who, with his advisers, must cities", such as Brescia and Verona, to name established between the state and the ensure the work of the mayor of his only the most obvious. region sometimes tends to delay municipality and work also for the province. significantly the public action on the The Province - while virtually deprived of This undoubtedly requires political will: to territory. budget - still has to provide public services, identify "metropolitan" units to decide then starting with the maintenance of school on their vocation. In the same way, what happened to buildings, maintenance of county roads, provinces is the result of a political response etc. The Council has a number of councilors The legislator in pursuit of voters under pressure from the media and the proportional to the population of the timing. The province has not disappeared province: 10 councilors for a population of The legislator has initiated a territorial and and no one speaks of erasing the less than 300,000 inhabitants, 12 for a social change, without knowing exactly intermediate level between municipalities population of between 300,000 and 700,000 how to do it. This reform presents two and regions. The citizens' request was to inhabitants, 16 councilors for populations major difficulties. First, it should have simplify the institutional system, hoping to greater than 700,000 inhabitants. ended with a change in the Constitutional reduce costs. But the result is marginal Law. Secondly, it does not make it possible since the sum saved does not exceed EUR This law defines a different role for to define real metropolitan cities, 200 million for the whole country, while Metropolitan City. There are fourteen of competitive, nor to ensure that the the services of the provinces still remain these, but four have been determined not provinces are guided by real strategic important today and are offered, but with by the state but by their region (Sardinia plans. great difficulty. and Sicily) because of the "Special Status"(1) of these, which gives them a large The first problem emerged with the defeat If the level of the province is considered autonomy. It is important to emphasise of Matteo Renzi's government in the important for the performance of public 47 here that the "metropolitan city" covers referendum, which was called to confirm service missions, it seems necessary to the entire territory of the province, without the reform of the Constitution by removing maintain a direct representation mechanism any regard to the concept of "urban", "city" the provinces from Article 114. This for the designation of provincial authorities. or "rural". referendum on 4 December 2016 should The delegation of mayors to manage them have ratified the proposal of the has profoundly changed the strategies. Not Un examen de la liste de ces « villes government; only a constitutional law that only the mayor designated as a "president" métropolitaines » permet de constater que can definitively erase the provinces of the of the province will only marginally focus la dimension et la densité démographique institutional landscape. Due to the on the mission of the latter, but in addition, de ces dernières sont très variables. Parmi discontent with the government, this the other mayors will see it only as a place les 93 Provinces italiennes, 63 ont une referendum (very complicated since it to defend the interests of their population supérieure à celle de la ville involved several reforms at the same time) municipalities. This is true for small métropolitaine de Cagliari (celle qui became a referendum against Mr Renzi's provinces, which do not have large cities, compte le moins d’habitants parmi les cabinet. as much as for "metropolitan cities" where, villes métropolitaine) et 51 ont une densité despite the importance of the central city, démographique supérieure à la Ville At the institutional level, the provinces mayors still remain fundamentally attached Métropolitaine de Reggio de Calabre (celle thus persist while they lack their own to their municipality and disregard the qui relève de la densité la plus faible). funding, direct representation and are provincial level. managed by mayors - immediate The list of these "metropolitan cities" shows ambassadors of the interests of their that the size and the demographic density municipality, but very poorly motivated of the latter vary a lot. Of the 93 Italian since they receive no remuneration and provinces, 63 have a higher population than have even less political legitimacy. FEATURE the metropolitan city of Cagliari (the one (1) with the smallest population among the This totally unforeseen scenario led to a Article 116 of the Italian Constitution of 1948 provides for the possibility of a special status for metropolitan cities) and 51 have a higher very sensitive situation. In 2001, the reform an Italian region. This special status is today population density than the Metropolitan did not fully empower the regions, leaving attributed to five regions: Sicily, Sardinia, City of Reggio Calabria (the one with the in many areas a power of intervention to Trentino-Alto Adige, Friuli-Veneto, Valle d'Aosta. lowest density). Although the label the state. In the same way, the provinces This status ensures exclusive legislative powers "metropolis" or "metropolitan city" cannot have not disappeared from the landscape, and turns out to be the equivalent of a constitutional law, while the other regions' statuses are governed be attributed according to the density or which could have justified the establishment by a regional law. the population, the public entity has chosen of other intermunicipalities, without

EUROPEAN REVIEW ON PUBLIC ADMINISTRATION EUROPEAN REVIEW ON PUBLIC ADMINISTRATION - N°3 - JUNE 2020 DECONCENTRATION, AN OBSCURED REALITY

Territorial reform in the Grand Duchy of Luxembourg Franz CLEMENT PhD in sociology (Luxembourg Institute of Socio-Economic Research – LISER)

The Grand Duchy of Luxembourg is the • construction, maintenance and smallest state in the European Union after modernisation of the major road Malta. The size of its territory, representing network; 2,586 km2, means that it does not have • traffic management on highways and sizeable structures like larger European safety control in tunnels; states. Two levels of structures are The territorial organisation • construction, development and available: municipalities and cantons. This of Luxembourg has maintenance of the road network of the organisation, in principle quite simple, has, for some time undergone state and its dependencies; however, been modified for some time. In • road permits and policing of the state fact, until 2015 another level of territorial some changes. Districts roads; arrangement was part of the picture: i.e. were removed in 2015. • monitoring and maintenance of districts. They have disappeared ever Meanwhile, municipalities hydroelectric facilities of Haute-Sûre since. Municipalities have been undergoing and Basse-Sûre as well as dams and mergers for several years now. We will have gone through major locks of the navigable channel; therefore try to trace these developments mergers for several years • setting up and maintenance of public and see how deconcentration activities can lighting of the state road network; be affected in this country. • constructive maintenance and operation of the navigable channel and the banks Luxembourg is a unitary state decentralised of the canalised Moselle and the port at the municipal level under the terms of of Mertert; the 1868 Constitution(1). The country is into three to five cantons. • construction and maintenance of certain currently divided into 12 cantons(2) and 105 infrastructure at Luxembourg airport. municipalities. The cantons exist only for This situation does not necessarily rule out - on behalf of municipalities, within the purely administrative and territorial any deconcentration within the Grand limits indicated above: purposes; in no way do they form a Duchy. The state deploys some of its • project implementation and supervision decentralised level of government. Lacking services in the form of zones across the of works on the municipal road network competences, the canton represents a level country. Without being able to quote and its dependencies. 48 of the state administration. By contrast everything, let us give here only two - on behalf of the state and on behalf of municipalities have existed since the examples. Thus, the first concerns the municipalities: French Revolution. Agency for Employment Development • analysis and testing of building materials; (ADEM) which is structured on a territorial • geology works and applied geology. As noted above, districts lasted until 2015. basis. It has six regional offices in Esch-sur- Originally, they were 3 (Luxembourg, Alzette, Diekirch, Wasserbillig, Differdange, Despite these instances of deconcentration, Diekirch and Grevenmacher) and Dudelange and Wiltz. it is clear that the country has two types constituted the largest territorial of public service: at the level of the state subdivision of the country. Seen as obsolete, The mission of ADEM is to promote the and at the level of municipalities. The right districts were abolished, making cantons optimal use of the work potential, to to local self-government is enshrined in the the largest territorial entities in the recruit workers abroad, to pay full Constitution, municipalities having the country. The district's competences were unemployment benefits, to provide young status of legal persons empowered to transferred to the state to streamline people with vocational guidance, to carry manage their own resources, heritage and administration. out retraining, to ensure the professional interests. Although municipalities have integration of persons with disabilities and general competences in all areas of Each district was administered by a district to ensure outplacement of workers with municipal interest, these powers are purely commissioner, appointed by the Grand reduced work capacity(3). administrative in nature. The municipal Duke. District commissioners supervised competences are divided between the management of municipal This is also the case for the National Roads compulsory and optional missions. administrations, associations of Administration, which has eleven regional

municipalities and public institutions under services across the country: Capellen, (1) http://www.wikiterritorial.cnfpt.fr/xwiki/wiki/ municipal supervision. The competence of Clervaux, Diekirch/Vianden, Echternach, econnaissances/view/Notions-Cles/Intercommu- FEATURE district commissioners extended to all Esch-sur-Alzette, Grevenmacher, nalitepresentationsynthetiquedelorganisationter- towns and municipalities within their Luxembourg, Mersch, Redange, Remich, ritorialeduLuxembourg, 23 February 2017. jurisdiction, with the exception of the city Wiltz(4). This administration is in charge, (2) Capellen, Clervaux, Diekirch, Echternach, of Luxembourg, which remained under the within the limits fixed by the laws and Esch-sur-Alzette, Grevenmacher, Luxembourg, Mersch Rédange, Remich, Vianden and Wiltz. direct authority of the Minister of the regulations, of civil engineering on behalf (3) Interior, except in cases provided for by of the state, but also of the municipalities. http://www.adem.public.lu/fr/demandeurs- demploi/sinscrire-a-ladem/index.html, 13 special law. District commissioners March 2017. exercised a form of supervision over The National Roads Administration has the (4) http://www.pch.public.lu/fr/organigramme/ municipalities, but also issued fishing and following responsibilities: liste-contact/index.html, 13 March 2017. hunting permits. Each district was divided - on behalf of the state:

EUROPEAN REVIEW ON PUBLIC ADMINISTRATION EUROPEAN REVIEW ON PUBLIC ADMINISTRATION - N°3 - JUNE 2020 EUROPEAN REVIEWONPUBLIC ADMINISTRATION was elaborated was reform of theGrandDuchyofLuxembourg administrative and territorial fora blueprint In thespring of 2005,anintegrative only 71in2017. to reducethenumberofmunicipalitiesto challenges ofthe21stcentury”.Itplanned and territorial structures to face “the to providethecountrywithapublicservice power pledgedtotakethenecessarysteps in then Government new the whereby The bourgmestres administrators. administrators. of mass critical and finances personnel, relatedto their resources interms of functionally are right own their in assume to able be to willhave level certain of a territory. The missionsthatmunicipalities municipal onthe of servicesoffered characterised byamoreorless widerange levels ofmunicipalitieswhichare going intodetails,wecandistinguishthree Duchy,Grand the of level the At without increases.” efficiently when the size of the municipality moreorganised be can services public administrative servicesneededtoprovide though this cost is minimised. The even town, small a of economy modest the heavily in have astandardcostthatweighs municipality. services basic the of Some is lessimportantinthebudgetof alarge the municipal budget, while their weight for burden significant a represents units, municipal staff), which,for small local buildings, (municipal costs operating has tofaceacertainnumberofessential municipality, “Every answer: size, ofany integrative blueprint provide us withan municipalities? Somefrom excerpts the What wasthepoint inmerging municipalities. movementtowards autonomous strong and awareness-raising campaigninfavourofa confirmingthe need to carry outa sustained ofDeputies, Chamber the in Luxembourg on theterritorial reorganisation of On 3July 2008,apolicydebatetookplace adequate basicservice. term, to offer to their inhabitantsan municipalities to beable,inthemedium some 3,000inhabitantsneededfor of mass critical a to referred document of theInteriorand Territorial Planning. The as part of the Government Declaration Government ofthe part as the countryactuallystartedin August 2004 The municipalterritorialreorganisationof importance givento thislevelofpower. that isthemunicipality. Hencethe level institutional basic the at performed is state ofthe representation the that state andtheirmunicipality. This indicates (7) , presented by the Minister Minister by the , presented (5) represent both the (6) (6)

2,000 inhabitants, 80 had under 3,000 and 2,000 inhabitants, 80hadunder3,000and under had municipalities 118 country's STATEC datedJanuary 2005, 66of the Service Studies Economic and Statistical source fromtheCentralto a according time, the at that noted be should It Europe. in areas similar with comparisons and studies empirical by identified been The thresholdof3,000inhabitantshasalso infrastructure. (water supply, sewerage) and traffic (road) organisation andmaintenanceoftransport inthe commitments their neglecting school infrastructureontheirownwithout of this size were ableto organise their artisans andworkers.Mainlymunicipalities smallest municipalitiesoftenthereareonly engineer,by atechnical in the whereas headed a technicalservice one found that ofmunicipality type this in isalso It example. equipped withapopulation office, for and theadministrative service was often treasurer, staff administrative ofadditional besides thecompulsorysecretaryand consisted, staff municipal the municipalities could beconsideredviable.Inthese municipalities ofatleast3,000inhabitants that showed Luxembourg of municipalities and servicesofferedatthetimein118 An analysisof thecomposition of personnel care...” extracurricular and education childhood early and education primary and pre-school land andpopulation management,including to related missions municipal mandatory encompasses level follows:“This as level administrative reform describesthisbasic and forterritorial blueprint integrative municipalities. ofsmall merger The by the level thatistargeted this basic is It autonomy. realization of aneffective municipal the to essential missions obligatory the municipalities ofthecountryandincludes of majority the both concerns it since the basiclevelismost importantone Among thethreelevelsofmunicipalities, Deconcentration of state Deconcentration ofstate services is not at stake, services isnotatstake, rather it is municipal rather itismunicipal (8)

reorganisation.” DECONCENTRATION, AN OSCUREDREALITY EUROPEAN REVIEWONPUBLIC ADMINISTRATION -N°3JUNE 2020 - - - - financing: of view of point the from and organisation of view of point the from both advantages undeniable presenting level’ municipalitywould bepossible, ‘basic new the of administration efficient more and rational more a practice in be concludedinviewof theforegoingthat administrative anddemocraticunit.Itmay autonomous basic a as structure operational an concerned territories the give to measures reorganisation administrativeand territorial required Luxembourgmunicipalitiespart ofthe This flagrant lack of critical mass of a large municipal autonomy. in thelightof acorrect interpretation of inhabitants, whichwas simply unsustainable 1,000 under had that 26 even are there should benotedthat It threshold. a critical a demographicsizeundeniablybelowsuch of were thus country the in municipalities 86 under3,500. The majorityof

(8) (7) (6) (5) development. development. planning inthecontext of sustainable the challenges,particularlyofmunicipal the current requirements andableto face that meets job a to perform equipment adequately equippedwithpersonneland service, technical an appropriate treasurer incaseofimpediment; the replacement of themunicipal facilitating revenueand municipal the and relating to the finances ofthe municipality a financial service in charge ofall missions secretary facilitating thereplacementof the office,...)and civilstatus population, secretariat,(municipal services of organisation structured better and rational a allowing and municipalities former together theadministrative staff of an administrative service bringing technical workshops; rooms,offices, ofmeeting operation municipality, such as optimising the good day-to-day managementof the gathering allthenecessarypremisesfor administration municipal single a Planning, Luxembourg, January 2009. landscape, MinistryoftheInteriorand Regional of thenewcartographymunicipal Territorial reorganisationofLuxembourg-Draft Territorial Planning,Luxembourg,29April2005. Luxembourg, MinistryoftheInteriorand administrative reformoftheGrandDuchy of Integrative blueprintfor territorialand lu/793944/04declaration, https://www.gouvernement. that ofmayorinFrance. The functionofthebourgmestrecorrespondsto (9) in case of impediment; incaseofimpediment; 23 February2017. 49 FEATURE DECONCENTRATION, AN OSCURED REALITY

The mergers of municipalities is carried out and installation of the members of the attributions corresponding to their career exclusively on a voluntary basis by the social office of the new municipality will level in the amalgamated municipality. municipal authorities of the municipalities take place within 6 months after the entry concerned. For each merger it is necessary into force of the merger. With regard to the function of municipal to vote a specific law. Thank to this secretary, the procedure may follow that procedure, each merger can be tailor- When the municipalities that propose to for the treasurer, that is to say either to made, taking into account the specificities merge are not located in the same canton, find an amicable arrangement, or to select of the merging municipalities. the same district, the same constituency, the municipal secretary by a vote of the the same judicial district, then the law will municipal council of the amalgamated Before entering into the legislative determine to which canton, district, municipality. procedure of a bill on the merger of two constituency and judicial district the new or more municipalities, the municipal entity will belong. With regard to the territorial boundaries of councils concerned must take the initiative a merged municipality, some specificities to organise in their respective municipalities The law can increase the number of may be provided, for example the a referendum on the proposed merger, members of the municipal college for a attachment of one or more localities to according to the procedure defined by transitional period, for example until the another municipality, for topographic Article 35 of the Municipal Act(10) in respect municipal elections of 2017(12). Afterwards, reasons in particular; the attachment of of the organisation of local referenda. the status quo will be restored in accordance different lands to another municipality, for with the electoral law. The law can also reasons of ease of access in particular. With regard to the content of a law increase the number of communal council governing the merger of municipalities, members by two for a transitional period, We can thus see that in Luxembourg, the several elements are to be taken into for example until the elections of 2017. real stake does not really concern the account, in particular that municipal staff Afterwards, the status quo will be restored deconcentration of services of the state, and trade union staff likely to lose their in accordance with the electoral law. but rather municipal reorganisation. jobs in the merger (for example school unions) must to be hired at their As the new municipality will have only a remuneration, acquired rights and secretary and a treasurer, it is advisable to advantages by the new municipality. agree before the merger on the allocation of these positions. With regard to the (9) The municipal by-laws of each former treasurer, the law does not permit the Each municipality must have a municipal municipality remain in force for the original sharing of this post between two or more secretary and a municipal treasurer. territory until they are replaced by persons. It is then necessary, either to (10) Municipal Act of 13 December 1988, regulations valid across the territory of the arrange amicably with the potential Memorial A No 64, 13 December 1988. new municipality. holders, or to provide that the municipal (11) The social office is a public institution set council of the amalgamated municipality up by the law of 18 December 2009. It 50 The new municipality succeeds to the chooses by vote the treasurer of the new provides social welfare services to individuals and their families who live in property, rights, burdens and obligations of municipality among the treasurers of the the territory of the municipality or the former municipalities and, as the case former municipalities. municipalities where it carries out its may be, of the union or unions which will mission. disappear in the merger. The treasurer(s) of the former municipalities (12) The municipal elections were held on not appointed will keep all their advantages Sunday, 8 October 2017. Social offices(11) are merged, the election and prospects, but they may have other

b a FEATURE

EUROPEAN REVIEW ON PUBLIC ADMINISTRATION EUROPEAN REVIEW ON PUBLIC ADMINISTRATION - N°3 - JUNE 2020 EUROPEAN REVIEWONPUBLIC ADMINISTRATION Internationale des l’appui duConseil Ecoles etInstituts locales enEurope BAROMÈTRE DESRÉFORMESBAROMÈTRE avec notamment d’Administration d’Europe (CCRE) institutionnelles et duConseilde des Communes et l’Association des réformes INSTITUTIONNELLES LOCALES (AIEIA) ont et Régions élaboré un baromètre Le CNFPT l’Europe. EN EUROPE

en Europe dans les10dernières années. claires sur lesréformes territoriales quionteu cours de fournir despointsderepère etd’avoir lesidées depuis la crise financière de2008.Ellepermet ainsi réformes de«simplification » conséquentes réalisées de collectivités enEurope ainsi quedesévolutions et Cette étudefaitunétatdeslieux desniveaux etstrates locale dans lespays dela grande Europe ? horizontale etverticale desniveaux d’administration Quels sont les principaux paramètres de l’organisation Découvrir cette étude www.barometre-reformes.eu EUROPEAN REVIEWONPUBLIC ADMINISTRATION -N°3JUNE 2020

PROGRESSENT LES COLLECTIVITÉS GRANDISSENT, QUAND LESTALENTS

51 FEATURE PORTRAIT Presentation of the research group PoliTIS - Complutense University of Madrid

The Research Group on Policy Design: With regard to these objectives, the - Public opinion and public policy: design Transfer and Innovation (PoliTIS) is a group's researchers are working on specific of policy evaluation tools through studies research space in which different themes such as: on public opinion, political argumentation researchers pool their experience in the and institutional communication. design and implementation of public - Urban policies, with the central concern policies, with the aim of developing useful of supporting local governments on - Intergovernmental relations and knowledge for decision-makers and public issues related to urban governance. In mechanisms for cooperation and

PORTRAIT bodies. this sense, research focuses on coordination between the different institutional design, participatory levels of government. The group's objectives are diverse: processes or the effects of certain social phenomena in the city, such as tourism - Transfer of knowledge in the design and - Develop the theoretical framework for or the emergence of new urban cultures. implementation of development policies, public policy analysis, including the search for innovative solutions to build integration of applied approaches to - Design of new institutional mechanisms capacity, improve the quality of policies address transfer processes. for the co-production of public policies, and build alliances for development through the creation of hybrid spaces policies. •- Contribute to a rigorous reflection on favouring open innovation and how to improve the modelling of collaborative governance processes actions, processes and practices in between actors, in environments marked which governments and their by dialogue and listening, the use of organisations are the key actors, within collective intelligence and the the specific public policy framework. enhancement of common goods. - Analyze the difficulties of designing and - Analysis of the actors and their b a 52 implementing public actions that address approaches in the construction of complex and diverse public problems. discourse and programs, with the aim of facilitating communication between the actors involved.

En savoir + www.ucm.es/politis

José M. Ruano, President of the Scientific Council of EUROPA and Co-Director of PoliTIS, with colleagues from his research group

EUROPEAN REVIEW ON PUBLIC ADMINISTRATION HYPERLOOP) LIMOGES

Hyper1cop Limoges est une assoeiation loi 1901 créée Cesderniers jOurs, leproj9t Hyperfoop a ca1nuune accélération ffi décembre 2017. Elle s'inscrit dans une ambition de Transpod a annoncé un premier calendrier pour te centre désenclavement de la ville de Limoges et du territoire de la d'essai de Droux. Le site serait rac(X)rdé au réseau électriQœ Haute-Vienne. au rrois d'avril par Enedis. La voie verte quant à elle sera Ses objectifs sont de favoriser l'impanlalion d'u'1e entreprise défrichée. Pus au mois de mai, aura lieula réalisatimde l'étl.de qui dévebppent la technologie Hyper1oop sur notre territoire de sd, œ qui permettraensuite la construction du œtiment du de créer un écosystème dynarnique entre l'Université de centre technique. Prur l'ensemblede ces phasesdu chanter, umoges pour la recherche et développement et les acteurs les appels d'offressont d'ores et déjà encours d'élaboration. qui développent la technologie Hyperloop pour la création d'emploi.s : de promcuvoir Limoges et son territoire partout Lestubes, quant à eux,devraient arriver prochainement.Conçus dans le monde à travers ce projet : positionner Limoges et la par la Sade, société partenaire de Transpod et spécialiste Haute-Vienre sur un futur tracé de ligne Hyperloop. dans les réseaux, les premiers mètres seront réal'sés et tvrés d'ici la fin de l'été par Ncelor-Mtttal, partenaire également de Hyper1cop Limoges est à l'oigine de l'intérêt que porte la TransPod, qui réalisera l'installatbn et les soudure. L'alliage qui société Transpod pour lacréation de son futur centre d'essai les composera est en coursd'élaboration. deDroux, dans e nord de laHaute-Vienne. Au-delàdu centred'essai, c'est aussi une possible lgne Paris Début 2019 a été marqué par une nouvelle étape du projet. Orléans-Châteauroux-Umoges-Toulouseql.i retient l'intérêt. Aprèsavoir obtenule Permis do Construir0fin novembre, lemois Chêtoauroux Métropole est désormais intérosséo et soohaito NOUS INVENTONS dojsnvior a 6té l'c:ccasbnd'annonces de partonarets importants. adhorcr à l'association Hyperloop Limoges, motrice dans ce projet depuisson tout début. C'est à l'ambassade du Canada à Paris, à l'invitation et en Des rencontres ont également eu lieu avec la Communauté ENSEMBLE présence d'Isabelle Hudon, Ambassadrice du canada en Urbaine Umoges tvétropole afin de commencerà envisager le France,qu'a eu lieu lasignature des premiers acoords industriels financement d'une étude de falSabilité et d'impactéconomique. VOS SOLUTIONS entre Transpod et ses trois premiers partenaires : EDF, Différents autres partenaires comme Orléans, la Région lle-de kcellor-Mrral et La Sade. A cette occasbn les représentants Franœ et Aéroport de Paris pourraient y participer, le portage d'HyperloopLimoges ont expriméleur volonté d'aller plusbin et de cette étude devant être assuré par l'association Hypertcop FORMATION de fédérer les groupes et associatons locales soutenant des Limoges. projetsde dé\1€1oppernentde lignesHyperloop. Un projetd'une grande association HyperbopFrance a d'ailleurs été annoncé. Pour adhérer ou scutenr HYPERLOOP LIMOGES, rendez vous sur le Vveb : ht"cs:/1wwwhelloasso con/associat1onf'✓ Dans les prochains mois d'autres partenanatsdevraient voir le hypertooo llrnooe,o:, jour, ains, que le début des travaux du centreexpérimental Un Appel à Manifestation d'intérêt a été lancé en ce sens afinque les entreprises locales puissent avoir l'opportuntté d'accéderà Vincent Léonie, œ nouveau marché. Président deHypenoop I imoges 'i,·� , �·..· NOTRE NOUVELLEDECOUVREZ OFFRE DE FORMATION SUR WWW.CNFPT.FR ISSN encours

European review on public administration - N°3 - june 2020 organisation of territorial The newforms of theState inEurope REAP European review onEuropean public review administration - p. 4 Pierre-Etienne BISCH INTERVIEW with

p. 54 PoliTIS of theresearch PRESENTATION ERPA N°3 -June 2020