Introducing EU standards in Moldova: towards a new model of cooperation and planning

1. Introducing EU standards in Moldova: towards a new model of cooperation and planning

2. Inter-municipalcooperation Dr. Dawid Sześciło University of Warsaw Faculty of Law and Administration

3. Agenda • Constitutional framework of local and regional self-government in Central and Eastern Europe with special focus on Poland • Central government vs local and regional government • Local government vsregionalgovernment • Intermunicipal cooperation - variety of forms of voluntary cooperation between local governments in Poland; fields of collaboration • Case studies. Opportunities and barriers to effective collaborative governance in local and regional government • Workshop. Developing various forms of inter-municipal cooperation

4. Constitutional framework of local and regional self-government in Central and Eastern Europe Part 1.

5. Local and regionalgovernment in Poland: briefoverview • 1918: rebirth of Polishstateafter 120 years • 1921: constitutionalfoundations for the local and regionalself-government • 1928: ordinance of the Presidentprovidinguniformedstructure of localself-government • 1950: self-government was formally abolished and its assets were nationalized. The self-government was replaced by the system of people’s councils (radynarodowe, soviets), which became a territorial branches of central government.

6. Local and regionalgovernment in Poland: briefoverview • 1989: fundamental amendments to the Constitution providing the basis for restoration of self-government • 1990: the local self-government in the commune (gmina) was legally restored; the representatives for almost 2.500 local councils were elected in the first in postwar Polish history fully democratic elections • 1998-1999: restoration of powiat (county) as a second, supramunicipal tier of local self-government, traditional for Poland; creation of self-government at regional level based on the 16 voivodships (regions, provinces). They replaced 49 small voivodships managed by the central administration.

7. Local and regionalgovernment in Poland: voivodships and counties

8. Localgovernmentin Poland: communes

9. Principle of subsidiarity • nothingshould be done by a larger and morecomplexorganizationwhichcan be done as well by a smaller and simplerorganization • strongbasis for decentralized system of government • anyactivitywhichcan be performed by a moredecentralizedentityshould be

10. Principle of subsidiarity • Principle of subsidiarity in the Polish Constitution (PREAMBLE) “Hereby establish this Constitution of the Republic of Poland as the basic law for the State, based on respect for freedom and justice, cooperation between the public powers, social dialogue as well as on the principle of subsidiarity in the strengthening the powers of citizens and their communities.” • Principle of subsidiarity in the European Charter of Local Self-Government “Public responsibilities shall generally be exercised, in preference, by those authorities which are closest to the citizen. Allocation of the responsibility to another authority should weigh up the extent and nature of the task and requirements of efficiency and economy.”

11. Principle of subsidiarity vs principle of cooperation • the complexity of modern societies, added to an undoubted trend towards the diversification of levels of administration, mean that the great majority of powers are shared powers; • the principle of subsidiarity is a dynamic principle capable of accentuating a given trend. It should not therefore be expressed in over rigid terms; • any system of power-sharing should make allowance for the idea that all territorial authorities, even those at the same level, do not necessarily enjoy the same capacity to exercise their powers; • effective application takes for granted that the corresponding financial and human resources necessary to the exercise of the transferred powers will be made available. But it is in fact impossible to make provision in advance for an objective allocation of these resources between the different levels. “Definition and limits of the principle of subisidiarity”, Report prepared for the Council of Europe

12. Autonomy of self-government • constitutional basis of autonomy of self-government units: • Art. 15.1 of the Polish Constitution: “The territorial system of the Republic of Poland shall ensure the decentralization of public power.” • Art. 16.2 of the Polish Constitution: “Local government shall participate in the exercise of public power. The substantial part of public duties which local government is empowered to discharge by statute shall be done in its own name and under its own responsibility.”

13. Dimensions of autonomy

14. Dimensions of autonomy

15. Tools for protection of autonomy • JUDICIAL PROTECTION: • theadministrativecourtssettlethecomplaintsofself-governmentunitsagainsttheactsofcentralgovernment, e.g. abolishingtheactsadopted by commune • theadministrativecourtsdecide on jurisdictionaldisputesbetweenlocalauthorities and otherstateauthorities

16. Tools for protection of autonomy • CONSTITUTIONAL PROTECTION: • municipalitiesand otherlocalgovernmentunitshavetheright to appeal to theTribunalagainststatelegislation and regulatoryactsofgovernmentthataffecttheiroperations • in practice, thismeansthepossibilityofchallenginglegislationimposingnewresponsibilities on local and regionalauthorities and regulatingthemanneroftheirexecution

17. Tools for protection of autonomy • CONSTITUTIONAL PROTECTION: • thevast majority ofthecomplaintsrelates to themattersconcerningthelackofadequatefunding to carryoutthetasksentrusted to localgovernment • in recentyearsthesubjectofmultiplecomplaints to theTribunallodged by thecommunesweregovernmentdecisions on communalboundarieschanges

18. Central government vs local and regional government Part 2.

19. Supervisionoverself-government • in accordancewithconstitutionalprinciples, theactivitiesofallunitsofself-governmentshallbesubjectofsupervision limited to thecriteriumof legality • supervisoryauthoritiesmayintervene in communalactivitiesonly in casesspecified by laws • Thebodiesofsupervisionovertheactivitiesofself-governmententitiesare: • thePrime Minister and voivodes, and • regionalaudit chambers- regardingfinancialmatters

20. Supervisionoverself-government • basic instrument ofsupervision- thecompetenceofvoivodes to abolishtheactsadopted by self-governmentauthorities, whenviolatingthelaw (supervisorydecision) • theexecutive body sendstheresolutionofthelegislative body withinsevendaysofadoptingit • thevoivode has onemonth to assesstheircompliancewiththelaw • thevoivode has onemonth to assesstheircompliancewiththelaw • localand regionalauthoritieswillthenhavetwooptionsforaction: either to introducethenecessaryamendments to therepealedtheresolution, or to challengethedecision to thegovernorbeforeadministrativecourt • in case oflodgingthecomplaint, thecourtshould set up oral hearing not laterthanwithin 30 daysofreceiptofthecomplaint

21. Supervisionoverself-government • NationalAudit Office (NIK) • thelocal and regionalgovernmentunits - likeother public institutions – are subject to review by thenational auditor, calledtheSupreme Audit Chamber (NajwyższaIzbaKontroli, NIK) • NIK may audit theactivityoftheorgansofself-government, legalpersonsestablished by self-government unit regardingthe legality, economicprudence and diligence • NIK may not orderself-governmentunits to changetheirpoliciesordecisions

22. Supervisionoverself-governmentperformed by citizens • In accordancewiththeprovisionsoftheself-governmentlaws, anyonewhoselegalinterestorrighthas beenviolated by resolutionorordinanceadopted by localorregionalauthority, maylodge a complaintagainstthecontestedresolution to theadministrativecourt • therightofcomplaintisstrictly limited to avoidthewaveoftotallyunfoundedcomplaints

23. Commissioning central govttasks to self-govtunits • according to lawsorspecialcontractlocal and regionalself-governmentunitsmayperformspecifictasks of central government • in practice, thosearrangementsareapplicable in the area of defence policy, security, maintenance of roads and otherinfrastructure • commissioningtasks to self-govtunitsrequiresprovidingspecialgrants

24. Collaboration between central govt and local/regionalselfgovt • JOINT COMMISSION OF SELF-GOVERNMENT AND CENTRAL GOVERNMENT • unique forum of collaborativegovernanceinvolvingself-government and central government • bringstogetherassociations of the regional and localauthorities (Association of Regions, Association of the PolishCities, Association of RuralCommunes) and the relevantministries • itconsidersalllegislativeproposalsthatmayhaveimpact on the situation of the self-governmentunitsormay influence the policy areas co-managed by self-governmentunits • consensusprinciple – around 90 per cent of proposalsconsideredareapproved by bothparties

25. Local government vsregionalgovernment Part 3.

26. Basic principles • thereis no hierarchicalrelationshipbetweenlocal (municipalities, counties) and regional (voivodships) self-governmentunits • each unit of self-governmenthasitsownarea of responsibilitydetermined by the legislation, whereitperformsitstasks in autonomousway

27. Mission of eachlevel of self-government

28. Areas of sharedresponsibilities - example • zoninglaws • voivodshipadoptsregionalspatial plan providinggeneralguidelines on spatial development • municipalityadopts the localspatial plan providingbindingrules for construction. Localspatial plan shouldinclude the guidelines of regionalspatial plan • countyissuesbuildingpermit for specificprojects. It has to be in accordance with localspatial plan

29. Areas of sharedresponsibilities - example • Public roads • each unit of self-governmentmanagesselected public roads • no specificrules for coordination of policies in thisarea • Education • municipalityrunskindergartens and primaryschools • countyrunssecondaryschools • no specificrules for coordination of policies in thisarea

30. Case study: EU fundsdistribution • VOIVODSHIP – managesaround 60 per cent of the Polishallocation of EU funds for 2014-2020; adoptsregionaloperationalprogrammesspecifying the strategicpriorities for distribution of the EU funds • MUNICIPALITIES and COUNTIES – apply and compete for the fundsdistributed via calls for proposalsorganised by voivodships

31. Intermunicipalcooperation - variety of forms of cooperation between local governments in Poland Part 4.

32. Basic forms of IMC • differ in terms of legal form, method of managing and purpose • theyareallvoluntary, i.e. everymunicipalityhas the right to establishorjoineach form of cooperation

33. Communalassociation (union) • itcanbecreated by themunicipalitiesfor joint exerciseof public tasks • associationis a legal entity, enjoyingalsoan independent status in public lawdistinctfromthe personality ofconstituentcommunes • itoperates on itsownbehalf and on itsownresponsibility • theiroperationsinclude, in practice, projectsforwaste management systemfor a numberofcommunesor joint environmentalprotectionsystem.

34. Communalassociation (union) • mandatorymanagingbodies of the communalassociation: • council of the communalassociation– maindecision-making body consisting of mayors of the communesparticipating in the association; decisionsaremade with simplemajority of votes • management board– executive body consisting of the members of the council and/oradditionallyappointedmembers

35. Communalassociation (union) • communalassociationaresubject to registration by the Minister of Public Administration • the rules of itsoperations and internalstructurearespecified in the statuteadopted by the councils of the eachparticipatingmunicipality • thereis no time limit of theirfunctioning

36. Communalassociation (union) • morethan 300 registeredcommunalassociations • keyareas of activity: • public transport • environmentalprotection • waste management • water and heating provision • tourism • healthcare *** itisallowed to establishinter-countyassociations, however, itdoes not function in practice

37. Inter-communalagreement • thisformofcooperationdoesnot requirecreating a separatelegal entity • thecommunesagree to entrustoneofthemperformingcertain public functions • a substantiveelement of such cooperationisthe co-financing by allpartiesinvolved

38. Inter-communalagreement • inter-communalagreementis less complex form of cooperation • itdoes not requireregistration, however, itrequires resolution of the councils of eachmunicipalityparticipating • itisspecific form of civil law contractthathas to concern the performance of public tasks • thereis no time limit for theirvalidity, most of themarelong-term arrangements (5, 10 yearsormore)

39. Association of communes • has completelydifferentgoalsthanthecommunalassociationorthe inter-communalagreement • itmaybeestablished to support the idea ofself-government and defendtheircommoninterests • itdoesnot performthe public tasksassigned by thecommunes • itsobjectiveisrather to exchangeexperiences, information and protecttheinterestsoflocalgovernment

40. Coordination and cooperationbetweendifferentself-govtlevels • FORMAL ARRANGEMENTS: • municipalities with county rights (special type of counties – 65 largest municipalities) may join communal associations and inter-communal agreements with municipalities • most of the arrangements between counties and municipalities regard transferring maintenance the county public roads to municipalities

41. Coordination and cooperationbetweendifferentself-govtlevels • INFORMAL ARRANGEMENTS: • in manyvoivodshipstherearespecialplatforms for coordination and exchange of informationbetweenvariouslevels of self-governmet, calledvoivodships’ conventions • theirfunctioningis not regulated by the legislation and theyhave no formalpowers, but playimportant role in fostering the inter-municipalcooperation

42. Case studies. Opportunities and barriers to effective collaborative governance in local and regional government Part 5.

43. KZK GOP: communalassociation of Silesianmunicipalities • one of the oldestcommunalassociations in Poland established in 1991 • currentlyhas 25 members – municipalities of highlyurbanized and industrialized region of Silesia • itisresponsible for organizing and maintaininglocal public transport (buses, trams) for allmunicipalitiesparticipating in the association

44. KZK GOP: communalassociation of Silesianmunicipalities • itprovides services to over 300 milions of passengers per year • itsannualbudgetexceeds 100 milions euro

45. KZK GOP: communalassociation of Silesianmunicipalities • fundingarrangements: • allmunicipalitiesparticipating in the associationhave to contributeeveryyear to itsbudgetthroughspecialsubsidy • the amount of the subsidy for eachmunicipalityiscalculatedaccording to algorithmspecified in the statute of KZK GOP; itdepends on the volume of services provided to eachmunicipality

46. Communalassociation Ślęza-Oława • itgathers 8 municipalities from Lower Silesia Region • itmanages the waste collection and processing system for allmunicipalitiesparticipating • itsets the rates of localtax to be paid by residents for the purposes of waste management

47. Communalassociation Ślęza-Oława • itsactivitiesarefunded from the waste taxrevenues and contributions (subsidies) from budgets of municipalities

48. Communalassociation Puszcza Zielonka • established in 1993 with the primarygoal of protection of the naturalarea of landscape park ‘Puszcza Zielonka’ • currentlyithas 6 members (small municipalities) • municipalitiescontribute to the budget of the associationaccording to rates set out in the statute (largermunicipality, highercontribution)

49. Communalassociation Puszcza Zielonka • variousinitiativesimplemented by the association: • promotingsustainable development of tourism via establishing the network of biketrails and roads • constructing joint waterprovision and sewage system • establishing joint protection plan for the area of landscape park

50. Inter-communalagreement on public transport • very popular in metropolitanareas • largermunicipalityprovidesbus services to smallermunicipalities in itsneighbourhood • feespaid by the municipalitiesdepend on the volume of services provided (theyarecalculatedaccording to the number of bus lines, kilometres and passengers)