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

by dr. Maria Dunin-WąsowiczKick-off meeting,

21 March 2014, Chisinau

Self-government in Poland — main regulatory tools and best practices in cooperation and planning — an overview

Contribution of the The European Movement Forum

European Movement Forum: the partner in the project

The European Movement Forum (Forum Ruchu Europejskiego, FRE) in Poland is a non–governmental organization committed to promoting the integration of

the European continent.

The Forum, established in 2012, is an associated member of the European Movement International (EMI) based in Brussels.

Why does the EMF support regional and local development

Regional and local development

becomes an important link between the macro-regional strategies and the

society as a whole at regional, national and European level

Self-government in Poland

Local self-government in Poland was re-established in 1990.

On 1 January 1999 it was set up three level territorial division comprising of:

• 2478 gminas (communes, municipalities),

• 314 powiats (counties);

• 66 cities of powiat status;

• 16 voievodeships (provinces, regions).

The protection of local self-government’s autonomy originates in:

• The European Charter of Local Self-Government (ratified by Poland in

1993);

• Basic law: Constitution (Chapter VII) of 1997;

• Statutes.

Self-government in Poland- regulatory framework

The European Charter of Local Self-Government

• Promotes the idea of local self-government as one of the basic

components of democracy of the state;

• Assumes that the principle of local self-government shall be recognised

in the domestic legislation and, where practicable, in the constitution;

• Says, that local authorities are to be elected by universal suffrage, and it

is the earliest legal instrument to set out the principle of subsidiarity.

European Charter of Local Self-Government

Constitution (Chapter VII) of 1997

• Article 163 of Poland’s Constitution says: „Local government shall perform public tasks not reserved by the Constitution or statutes to the organs of other public authorities”;

• Articles 164-172 regulate the rights and tasks of gminas.

Basic law

Main Statutes

• 08.03.1990/consolidated text DU 2013, no.0, poz.594: Act on Self-Government at the Community Level;

• 05.06.1998/consolidated text DU 2013, no.0, poz.596: Act on Self-Government at the Voivodeship Level;

• 05.06.1998/consolidated text DU 2013, no.0, poz.595: Act on Self-Government at the County Level;

• 05.01.2011/DU 2011, no. 21, poz. 112: Election Code.

Statutes

Functions of local government

There are two types of functions of local government:„own” and „regulated”

Key „own” functions

Pre-school and primary education, communal services

(sewage), roads, street maintenance, housing, fire

brigades.

Key „regulated” functions

Secondary education, hospital care,

roads of district importance, several

social services, labour offices.

Goal: checking if local decisions comply with national legislation;

Responsibility: the Prime Minister;

Execution:

• through regional governors (a voivode);

• on financial issues - by special Regional Chambers of Accounts.

Supervision of local government

Self-government in Poland- an administrative division

Voivodeships (16)

Powiats (314)

Urban powiats Land powiats

Gminas (2478)

Urban gminas Urban-rural gminas Rural gminas

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Gmina

Gmina (2478) is the basic unit of administrative division in Poland

There are three types of gminas:

• urban gmina consisting of just one city or town;

• urban-rural gmina consisting of a town and surrounding villages and

the countryside;

• rural gmina consisting only of villages and the countryside (occasionally of

just one village).

Governing gminas

The legislative body of each gmina is:• an elected municipal council; • in a town: town assembly.

The executive power of a gmina is held:

• by directly elected a mayor of a municipality;

• a village mayor (wójt) in rural gminas;

• a commune mayor (burmistrz) in most urban and urban-rural gminas;

• a mayor in towns with more than 400,000 inhabitants.

Competences of gminas

Key comptences of gminas• „Own” competences include: the spatial harmony, the real estate management, the environmental protection and nature conservation, pre-school and primary education, the water management, country roads, public streets, bridges, squares and traffic systems, water supply systems and source, the sewage system, removal of urban waste, public order and safety, water treatment.

• „Regulated” tasks cover:

the remaining public tasks resulting from legitimate needs of the state commissioned by the central government to be performed by self-government's units.

Powiat

Powiat (314) is the second-level unit of local-government

• Powiat is usually subdivided into gminas;

• Major towns and cities (66) function as separate counties in their own

right, without subdivision into gminas; they are termed "city

counties" and have roughly the same status as former county

boroughs in the UK;

• The other type of powiats are termed "land counties".

Governing powiats

The legislative body of each powiat is:

• an elected powiat’s council.

The executive power of a powiat is held:

• by a starosta, who is elected by a powiat’s council.

Competences of powiats

Key comptences of powiats („own” and „regulated”)

• education at high-school level;

• healthcare (at county level);

• public transport;

• maintenance of certain designated roads;

• land surveying;

• issuing of work permits to foreigners;

• vehicle registration.

Voivodship

Administrative authority at a voivodeship (16) level is shared between:

• a government-appointed governor called a voivode;

• an elected assembly called a sejmik,

• an executive chosen by the sejmik with a leader called a voivodeship marshal.

Governing voivodeships

The legislative of each voivodeship is:

• the sejmik, which passes bylaws. It also elects the marshal and other members of the executive of the voivodeship, and holds them to account.

The executive power of the voivodeship is held:

• by the voivode appointed by a Prime Minister. It becomes the regional

representative of the central government.

• the executive of the voivodeship.

Competences of voivodeships

Key competences of the executive of the voivodeship

• implements the resolutions of the sejmik;

• drafts the budget and development strategies;

• manages the voivodeship's property;

• organizing cooperation with foreign local governments;

• deals with many aspects of regional policy, including management of

EU funding.

Inter-municipal cooperation- objectives

Main objectives of inter-municipal cooperation

• strengthening institutional capacities to promote good governance principles of local government;

• promoting inter-municipal cooperation at different level of local governments;

• encouraging inter-municipal dialog.

Inter-municipal cooperation- main modes

Inter-municipal cooperation is pursued namely through

• Sejmiks;

• The Joint Central-Local Governments Committee;

• The local-government’s associations;

• The local voluntary cooperation.

Sejmiks

There are 16 sejmiks at the vivodeship level

• The sejmik is a unicameral regional assembly. It consists of 30-50 councillors (local government representatives) elected in free elections for a four-year term at the same time as the local authorities at powiat and gmina level.

• The sejmik can adopt and pass by-laws on matters concerning the voivodeship which are not reserved for the administration of the central government. It can pass laws on voivodeship development strategies and budgets drafted by the executive board.

The Joint Central-Local Governments Committee

Goal: to elaborate joint central government and local government policy positions concerning issues within their competences;

Structure: is comprising of 12 representatives of the government and 12 representatives of local self-governments;

Modes of work: standing or ad-hoc working groups;

Managing: by two deputies from each side.

Associations

Main associations of local government

• Association of Polish Regions

• Association of Polish Powiats

• Union of Polish Metropolises (12 major cities)

• Association of Polish Cities

• Union of Small Towns

• Association of Polish Rural Local Governments

Voluntary typesof local cooperation

Ad hoc agreements between different stakeholders on specific issues:

• joint strategic planning;

• joint investments;

• use of European funds;

• protection of environment;

• cities and citizens;

• cities and non-governmental organizations.

Local strategic planning- objectives

Key objectives of strategic planning set by the voivodeships

• Increasing participation of citizens in the local decision-making process;

• Increasing accountability of local self-government units;

• Better use of available resources;

• Improving service delivery;

• Better balance of power between central and local government.

Ideational framework on strategic planning by local government in Poland

EU level EU strategy Guidelines, Regulations

National level National strategy

National programmes Regional Development Regional level Regional strategies Policy Regional programmes

Local level Local strategies Local programmes source: Marshal Office, Lublin, 2012

Local strategic planning- ideational framework

Local strategic planning- main outcomes

Main results of local strategic planning

• strenthening of the institutional capacity of the local self-government units for „good governance”;

• elaborating The Framework of Organization of Regional Strategic Planning;

• improving the efficiency of disbursing of public money;

• improving the efficiency of disbursing of EU funds.

Local strategic planning- best practices

Example: Ideational Goals of the Greater Poland Development Strategy

Life quality

Education Infrastructure

Employment

Enterprise

Social capital

source:

Developmet Strategy of the

Greater Poland, 2014-2020