Upload
jesus-mcnulty
View
215
Download
0
Tags:
Embed Size (px)
Citation preview
Salwa TobbalaYasmine Fouaad
May 25, 2011
Content1. Why to Decentralize?2. Local and Central Institutional Arrangement3. Assignment of functions and responsibilities4. LG Elections5. LG Revenue & Expenditures6. Institutional and Technical Capacity7. Case Study: Environment Sector
1 .Why to decentralize?1989: Central and East European countries
decided to decentralize decision making aiming for:
Democratization economic developmentand effective service delivery at the local level
:2 .Local and Central Institutional ArrangementPoland created a legal environment to give
Polish local governments the authority to meet responsibilities delegated by the State and their local communities
Constitution 1997 :Article 15(Chapter VII) L0cal Government
Constitution 1997Article 151. The territorial system of the Republic of Poland
shall ensure the decentralization of public power.
2. The basic territorial division of the State shall be determined by statute, allowing for the social, economic and cultural ties which ensure to the territorial units the capacity to perform their public duties.
:2 .Local and Central Institutional Arrangement
20 years of Local Government Development1990: only the gmina, i.e. the basic municipal level of
government was formedThe municipal authorities obtained a substantial autonomy
and a much stronger political position
1998:Two other levels of local government were formed,the local
governments have been operating on 3 levels:
16 regions (voivodship) 379 counties (powiat) 2413 municipalities (gmina)
:2 .Local and Central Institutional Arrangement
STRUCTURE OF POLISH PUBLIC ADMINISTRATION
Council of Ministers
concentratedadministration
concentratedadministration
Voivoship’s Office
deconcentratedadministration
deconcentratedadministration
voivodship self-government
poviat self-government
communeself-government
state administration self-government
central level
regional level
(upper )local level
local level
3.Local Structure:Gemina bodies are elected directly:
council of a commune (legislative body) wójt / burmistrz / prezydent miasta (executive)
Poviat bodies are: council of a poviat (legislative) elected directly board of poviat (executive) elected by council
Voivodship bodies are: Council (known as Sejmik) (legislative) elected directly Board (executive, with Marshall as its’ head) elected
by Council
4. Functions and Responsibilities: A. Communebasic tier of local government “gemina”
water and sewage services, solid waste disposal, street cleaning, street lighting
central district heating, gas, maintenance and construction of streets and local roads
city public transportation, municipal housing provision of education services, including primary
schools culture, including local libraries and leisure
centers, some social services including services for elderly, handicapped and homeless people
physical planning, building permissions
B. Poviat functions and responsibilitiessecond tier of local self-governmentresponsible for local:
secondary education, health care1, maintenance and construction of roads some of social services labor offices (from 2000), natural disasters’ protection, consumer protection, land surveying
C. Voivodship functions and responsibilities: Tier of regional self-government
Dual structure of public administration (Voivod as the central government’s representation)
Superior of Deconcentrated state administration (e.g. State Fire Service, Veterinary Inspection, Inspection of Environment
Protection)
Represent Concentrated administration (e.g. custom and taxation administration, military administration, statistic
administration)
Voivodship self-government are responsible mainly of: regional development ,economic and sustainable development limited regional public services (higher education, specialised health
services)
3. Elections of LG:4 YearsPolitical Parties were not part of LG
representation prior 19971998 New LG election Law:
elections to local councils in municipalities with < 20,000 residents are won by majority
municipalities > 20,000 residents a proportional system is implemented
basic territorial unit for local council elections is the constituency (electoral district)
constituency between 500 and 3,000 residents usually one councilor per electoral district
4 .LG Revenue:Income from taxes levied and collected
including: real estate tax, agricultural tax, forest tax, inheritance and grant tax etc.
Equalisation grant: below 85% of national average
Administrative tasks delegated by central government
LG Revenues 2009
48,6%
22,1%
29,3%
Dochody własne Dotacje ogółem Subwencja ogólnaGrantsTransfersLocal Revenues
LG Expenditures
In 1995, local expenditure reached up to 19 % of all public expenditures
In 1998, local expenditure reached up to 22 % of all public expenditures
In 2006, local expenditure reached up to 30% of all public expenditures
http://www.imf.org/external/np/pp/eng/2009/072709.pdf
5. Capacity Building:Poland’s National School of Public AdministrationKSAP 1990:
Main Responsibilities:Train and prepare members of Poland’s Civil
Service CorpsPrepare a cadre of higher-ranking officials in the
country’s administration
LG Personnel should be competent, politically neutral and capable of being held accountable to their tasks
KSAP:Criteria for KSAP students:
An open and competitive recruitment procedureAn upper age limit of 32 Possession of a Master’s degree
The training period at KSAP is to last a minimum of 18 months
Graduates are under an obligation to take up positions in the central administration for a minimum of 5 years
Environment Sector
Legal framework The Constitution of Poland includes a direct provision on environmental protection in Article
71. This article proclaims the citizen's right to profit from the natural environment and his duty to protect it
In 1997, Article 73 provides more detailed elaboration on the environment with division of roles and responsibilities between the state and the citizens
Governmental Policy on Environmental Protection of 1991 aims to eliminate the communist rationale of "social interest" in the arbitrary consumption of natural resources
Nature protection in Polish environmental law encompasses the provision on the protection of landscape, parks and nature reserves as well as wildlife protection. This group of regulation is composed of the Nature Protection Act of 1991
Environmental law in Poland encompasses the following fields of regulation: anti-pollution,
nature protection, management of natural resources, procedural matters and organization, product control.
Responsibilities of central government The office of the EPM was created in 1989. The competence of the minister comprises
environmental protection, including nature protection and protection of the marine environment; the management of natural resources; water management and protection against floods; forestry and the protection of forest lands; hunting; meteorology, hydrology and geology.
So almost all environmental issues are concentrated in one central authority.
Responsibilities of central government The minister is obliged to prepare the principles of the
government's environmental protection policy. He or she is entitled to participate in the financial and economic planning process. He or she is empowered to regulate the use of natural resources and to create the financial basis for environmental protection.
The minister possesses some legislative power: he or she may issue executive orders if empowered to do so by parliamentary acts. He or she is also authorized to prepare bills and drafts of executive orders for the Ministers' Council.
He or she has power to decide on the validity of the administrative decisions of regional governors; such decisions may be appealed for review to the Central Administrative Court. He or she may issue administrative instructions but these are binding only on subordinated
Institutional set up
Enforcement by the central
Administrative court
Restructure in the institutional set up
Environmental authority (Directorate General for
environmental protection )
State forest in 2008 (forest = 28.9% of
national territory ) 18 regional
( Voivodship
Directorates
Environmental impact Assessment
Nature conservation managementPenalties for environmental damages
overseeing the forest
management through only the central level
Regional Water
Management Authorities
Minister of Environment
400 NGOs as Watch dogs at the local level
Sources of revenues :The main source of revenues is based on
environmental funds: the National Fund for Environmental Protection and Water Management, the provincial, voivodship, funds for environmental protection and water management, the county, poviat, and municipal, gmina, and funds for environmental protection and water management
The Bank for Environmental Protection which cooperates with them.
They are complemented with central budget funds
Resources of the fund
0
20
40
60
80
100
120
140
160
Outlays Total Estimate(Billion)
Foreign Resources
State Budget
National Fund for Environment Protection
Self-Governmental
Public resources including
Private resources
Resources for environment 2009 – 2012
0
20
40
60
80
100
120
140
160
Outlays Total Estimate(Billion)
Foreign Resources
State Budget
National Fund for Environment Protection
Self-Governmental
Public resources including
Private resources
Resources for environment 2013– 2016
Expenditures for environment 2009-2012 − protection of the atmospheric air - 19.3 billion PLN,
− water protection and water management - 36.1 billion PLN,
− waste management - 6.7 billion PLN,
− various environmental objectives, such as projects in the field of protection against noise and electromagnetic fields impacts, land protection, nature conservation, protection of biological diversity and landscape, environmental research and development, environmental monitoring and other sectors of environmental protection (major accidents, chemicals, biotechnology and GMOs, ionising radiation) - 4.1 billion PLN
Expenditures for environment 2013-2016 It is estimated that outlays for environmental
investments (2007 prices) as required to achieve the objectives of in this period, with regard to specific environmental investment clusters, will be following:
protection of the atmospheric air : 21.3 billion PLN,water protection and water management :34.4
billion PLN, waste management : 4.6 billion PLN. other objectives of environmental policy: 3.2
billion PLN
Technical assistance and capacity building The Small Grants Programme (SGP) funded
by the Global Environment Facility( GEF) and implemented by the United Nations Development Program (UNDP) has made 372 grants to NGOs and CBOs.
The major financial allocations are to the biodiversity (69 percent) and climate change (25 percent) focal areas
There are three major clusters of SGP projects, namely nature protection (52 percent of projects),renewable and efficient energy (24 percent), and agrobiodiversity (15 percent).
Technical assistance and capacity building The SGP has been operating in the whole country,
concentrating mostly on the northeastern and southern regions of Poland to build the capacity of local NGOs and CBOs
The SGP has disbursed $6.76 million in small grants, generating projects worth $33 million from different sources ( 81% public fund and 19% private resources)
This indicator illustrates the previous tables where the large portion of funds for environmental projects depends on foreign resources, private resources or public resources from different national and local established funds
Conclusion Poland has an independent financially
decentralized environmental management system not heavily relying on state budget at the central level.
Paradoxically , this DEM is still administratively tied to the central level to attain full executive power at the local level
Thank you for your kind attention