Local Administration: Transparency, Civic Participation and Good Governance Examples from Germany

Presentation prepared for the Ministry of Foreign Affairs, Bangkok, Thailand Bangkok 19 August 2010 By: Dr. Rainer Adam

Contents
1. What is good governance? The Worldbank Governance Indicators 2. Participatory democracy in Germany 3. German federalism: The Administrative structure of Germany 4. Municipal budget management in Germany 5. Participatory budgeting: The example of Cologne 6. Competition as a means for improvement: ÅKlima kommunal 2010´

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What is Ågood governance´?

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Source: Worldbank

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Participatory democracy in Germany
Three main forms: 1. Information (gov. actively provides to citizen) 2. Consultation (various instruments among them focus groups and opinion polling) 1. initiative started by local gov.: Citizen·s assembly, 2. initiative started by citizen: Citizen·s motion and petition 3. Joint decision-making - citizen·s decision (local referendum/vote)
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Citizen·s Assembly & -Workshop
In some municipalities the mayor or the local council has to convene a citizen·s assembly (min. annual) There are different topics for a citizen·s assembly such as traffic planning or school development planning. A special form of a citizen·s assembly is the Citizen·s workshop like the one established in 2005 in the former capital of Germany, Bonn, to discuss the reshaping of the central station area. Main goal of both meeting forms is to integrate the citizens in the configuration process to avoid bad decisions and serves as an control instance for the citizens.

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Citizen·s Motion & Decision
Between 1956 and 2010 a total of 5395 motions were launched in 3051 cities and municipalities by residents. A total of 2538 decisions were made in 1731 cities and municipalities. A citizen·s motion can be initiated by any citizen or as a decision by a council. To be successful the request needs to collect between 2% and 15 % signatures (depending on the reference framework) Citizen·s decisions are equivalent to the decisions of the municipality council. The citizens of Berlin used this tool to save the Berliner airport Tempelhof as a cultural heritage. The local citizen·s decision corresponds to a referendum at the federal level.
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Initiated Citizen·s Motion (by state, 1956-2010)

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Federalism in Germany
Basic feature: decentralisation - Local governments have own decision-making powers - Local governments have own income sources - Political decisions should be made as close to the electorate as possible: principle of subsidiarity - Upper house of parliament represents interests of federal states Basic principle of democracy and market economy: - Private initiatives are given priority over state initiatives
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Federalism in Germany
The Basic Law for the Federal Republic of Germany divides authority between the federal government and the states (German: "Länder" or "Laender"), with the general principle governing relations articulated in Article 30: "The exercise of governmental powers and the discharge of governmental functions shall be incumbent on the Laender insofar as this Basic Law does not otherwise prescribe or permit." Thus, the federal government can exercise authority only in those areas specified in the Basic Law.

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Federalism in Germany
The Basic Law divides the federal government's legislative responsibilities into exclusive powers (Articles 71 and 73), concurrent powers (Articles 72, 74, and 74a), and framework powers (Article 75). The exclusive legislative jurisdiction of the federal government extends to defense, foreign affairs, immigration, transportation, communications, and currency standards. The federal and state governments share concurrent powers in several areas, including civil law, refugee and expellee matters, public welfare, land management, consumer protection, public health, and the collection of vital statistics. In the areas of mass media, nature conservation, regional planning, and public service regulations, framework legislation limits the federal government's role to offering general policy guidelines, which the states then act upon by means of detailed legislation. The areas of shared responsibility for the states and the federal government were enlarged by an amendment to the Basic Law in 1969 (Articles 91a and 91b), which calls for joint action in areas of broad social concern such as higher education, regional economic development, and agricultural reform.
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Federalism in Germany
Unlike in other federations, the German states retain the right to act on their own behalf at the international level. They retain the status of subjects of international law, independently from their status as members of a federation. This unique status is enshrined in Articles 23, 24, and 32 of the Basic Law. The states are represented at the federal level through the Bundesrat, which is the upper house of the German parliament.
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Administrative structure of Germany
- 16 federal states - 116 Äkreisfreie³ cities/urban districts and 313 rural districts (ÄLandkreise³) - 29 administrative districts (ÄRegierungsbezirke³) - 11.493 municipalities (ÄGemeinden³)

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Yellow markings denote Äkreisfreie³ cities

Administrative structure of Germany

Bund ² national government, Bundesländer ² federal states, Regierungsbezirke ² administrative district, Stadtstaaten ² state cities, Landkreis ² rural/administrative district, Ämter ² administrative offices, Kreisangehörige Gemeinde ² municipality of an administrative district

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Municipal budget management in Germany
Transparency through public sessions and publication of the budget Rule of law as a means for combating corruption

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Municipal budget management in Germany

Source: ÅThe Budget System of the Federal Republic of Germanyµ, German Finance Ministry, 2008

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Municipal budget management in Germany

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Municipal budget management in Germany

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Municipal budget management in Germany
Special regulations: - Balanced budgets - Financial plans - Borrowing - Reserves - Cost-covering agencies - Economic activities - Budget cycle

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The concept of participatory budgeting

Source: "From Porto Alegre to Europe: Potentials and Limitations of Participatory Budgeting", Yves Sintomer, Carsten Herzberg, Anja Röcke 35

Participatory Budgeting in Germany ² The example of Cologne

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Participatory Budgeting in Germany ² The example of Cologne

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Participatory Budgeting in Germany ² The example of Cologne

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Participatory Budgeting in Germany ² The example of Cologne

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Participatory Budgeting in Germany ² The example of Cologne

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Participatory Budgeting in Germany ² The example of Cologne

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Participatory Budgeting in Germany ² The example of Cologne

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Participatory Budgeting in Germany ² The example of Cologne

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Participatory Budgeting in Germany ² The example of Cologne

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Participatory Budgeting in Germany ² The example of Cologne

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Participatory Budgeting in Germany ² The example of Cologne

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Participatory Budgeting in Germany ² The example of Cologne

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Participatory Budgeting in Germany ² The example of Cologne

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Competition as a means for improvement: ÅKlima kommunal 2010´ The project ÅClimate change and municipalities´ is a common effort by the ministries for the protection of the environment and for social affairs of the federal state of Lower Saxony. It is a competition between all municipalities within the state. The total prize money is worth 1 million Euros and the winner´s project will be publicised.

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Competition as a means for improvement: ÅKlima kommunal 2010´ ² the topics of the competition

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What are the criteria for winning?
Innovativeness Applicability Strategies for ensuring public participation Economicality Conservation of natural resources

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Competition and«
Other methods of the project ÅKlima kommunal 2010´ are: Peer review or consulting by succeeding municipalities Regional working groups among representatives of municipalities Project partners (e.g. private firms) provide expertise to municipalities in public-private-partnerships

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Thank you for your attention and interest! Please visit our websites www.fnfasia.org www.fnfthailand.org
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