Consultation Procedures European States
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European states within Printed on 100% recycled paper - Design: studiogoffin.be - September 2007 paper - Design: studiogoffin.be Printed on 100% recycled Brussels Paris 1, Square De Meeûs 15, rue de Richelieu 1000 Brussels 75001 Paris tel. : + 32 2 511 74 77 tel. : + 33 1 44 50 59 59 fax : + 32 2 511 09 49 fax : + 33 1 44 50 59 60 Consultationwithin procedures [ e-mail : [email protected] www.ccre.org European states Consultation procedures [ An assessment of the systems for consultation With the financial support of the European Commission. between central governments and the national Sole responsibility lies with the author. associations of local and regional government The Commission is not responsible for any use that may be made of the information contained therein Table of Contents Introduction ................................ 3 Luxembourg ........................... 129 Albania ........................................ 9 FYR of Macedonia .................. 135 Austria ....................................... 15 Malta ....................................... 141 Belgium ..................................... 23 Montenegro ........................... 145 Bulgaria ..................................... 33 The Netherlands ..................... 151 Cyprus ....................................... 41 Norway .................................... 159 Czech Republic ......................... 45 Poland ..................................... 165 Denmark ................................... 51 Portugal .................................. 173 Estonia ...................................... 57 Romania .................................. 179 Finland ...................................... 63 Serbia ...................................... 185 France ........................................ 71 Slovakia ................................... 191 Germany ................................... 77 Slovenia ................................... 197 Greece ....................................... 83 Spain ....................................... 203 Hungary .................................... 91 Sweden ................................... 211 Iceland ....................................... 97 Switzerland ............................. 217 Ireland ..................................... 103 Ukraine ................................... 221 Italy ......................................... 109 United Kingdom ..................... 225 Latvia ....................................... 117 A Synthesis ............................. 233 Lithuania ................................. 123 / 1 Introduction In our complex, fast-changing 21st century societies, the concept of “multi- level governance” becomes increasingly recognized. In other words, neither the European Union, nor national governments alone, can successfully address the issues and problems which confront Europe’s citizens. The role of local and regional government becomes increasingly important, whether in implementing legislation that has been passed by the European Community or national governments, or as partners in implementing national policies which require a joint commitment, e.g. on social inclusion, economic development or climate change. This concept of partnership was recently (March 2007) and explicitly recognized by the EU’s Heads of State and Government, in their Berlin Declaration, marking the 50th anniversary of the Treaty of Rome: There are many goals which we cannot achieve on our own, but only in concert. Tasks are shared between the European Union, the Member States and their regions and local authorities. But if local and regional government are to perform their tasks effectively, and if this partnership between all levels is to be successful, effective consultation procedures are absolutely essential. That is why the Council of European Municipalities and Regions (CEMR) decided to compile and publish this book, which sets out and evaluates the current procedures for consultation by central governments, on national and EU issues, in 35 countries of our membership. In 2001, we published a similar study on the national procedures then in place, in 15 countries. This time (2007) we have widened the geographical scope of our study, and also included information on national procedures for consultation on European issues. Readers will note that the arrangements for consulting local and regional government on EU affairs (for Member States) are still in most cases absent or minimalist, leaving much room for improvement in the coming years. Since local and regional government are responsible for the implementation of a large proportion of EU legislation and policies, their input is particularly important, and CEMR believes that central governments must do more to involve the local and regional levels, and listen to their views, when developing their national positions on draft European legislation. / 3 The European dimension This publication does not deal with the European Union’s own consultation procedures, which are variable in quality depending on the subject and the responsible directorate of the European Commission. Indeed, this mirrors the national experience in many countries, in which the ministry responsible for local or regional government may consult quite often and well, whilst other ministries – whose legislation also has major consequences for the territorial authorities – ignore or minimize the need for consultation. This is why, coming together at European level, the national associations of local and regional government have long sought to formalize and enhance the consultation procedures conducted by the European institutions, especially the Commission. So having lobbied hard on this point, we in CEMR were pleased that the EU Constitutional Treaty set out some new and important points on consultation, and the need to take account of the local and regional dimension in drafting new legislation. Once it became clear to us that the Constitutional Treaty might not proceed, we have worked to ensure that these provisions should be included in any future Treaty, and the draft Reform Treaty – at the time of writing this Introduction (summer 2007) – indeed does maintain all of the points that are important for Europe’s local and regional authorities and their associations. But if the EU has been somewhat tardy in formally recognizing the role of local and regional government, and the need for consultation, the Council of Europe had already, in 1985, recognized the importance of consultation in the European Charter of Local Self-Government, now ratified by all EU Member States as well as about 20 others. Article 4(6) states, in particular: Local authorities shall be consulted, insofar as possible, in due time and in an appropriate way in the planning and decision-making processes for all matters which concern them directly. As regards financial issues, Article 9(6) provides: Local authorities shall be consulted, in an appropriate manner, on the way in which redistributed resources are to be allocated to them. But even the European Charter needs to be strengthened and updated in this regard. Article 4 above does not expressly refer to consultation on draft legislation (though we would argue that it does so apply), and Article 9(6) 4 \ refers to only one aspect of local government finances, vital though the issue of redistribution is. Moreover, whilst requiring consultation in general terms it does not require there to be any agreed formal procedure, within each country, under which consultation should take place. If and when the Charter falls to be reviewed, perhaps by adding new Protocols, a strengthened and specific measure on consultation procedures should be added. Lessons and conclusions After the analysis of the situation in each country, which now follows, readers will find a synthesis drafted by our researcher for this publication, David Farge, CEMR Project Officer. This draws out some of the key trends and comparisons between the different national situations. In general terms, for CEMR there are three key points to highlight. (1) The importance of effective, timely consultation of local and regional government and in particular of their associations. In many countries, there is a specific process for consulting local and regional government, whose specific role is understood and recognized. In other countries, however, local government is seen not as a privileged governmental partner, but is the same way as other associations of civil society. We strongly believe that a specific partnership role and procedure needs to be adopted, in every country, for the associations of local and regional government. (2) The need for a strictly defined framework, giving adequate time for responses and input. In more and more countries, there is now a clear procedure, laid down by or under legislation, or agreed in a formal manner with the national government. In general terms, CEMR would support the adoption of a legally binding process, wherever this is needed. If the consultation procedure is based on an agreement between the national association(s) and central government, it is vital that this agreement is not time-limited to the life-span of a particular government, but is accepted as an ongoing part of national governance. The degree of detail is a matter for national agreement – some associations prefer a somewhat more flexible process, whilst others need a more detailed one to ensure effective consultation. Above all, the timescale for local and regional government to respond to central government proposals