Roles and responsibilities of mayors and local councillors in Armenia, Azerbaijan, Georgia ...

131 Pages·2016·1.42 MB·English

Roles and responsibilities of
mayors and local councillors
in Armenia, Azerbaijan, Georgia,
Moldova, Ukraine and Belarus
Abbreviations and acronyms

Congress: Congress of Local and Regional Authorities
Charter: European Charter for Local Self-Government
EaP: Eastern Partnership
EU: European Union
LGU: local-government unit
LSG: local self-government
NGO: non-governmental organisation

Cover: SPDP Council of Europe
Text : Congress of the local and regional authorities of the Council of
Europe
Print: Council of Europe
Edition: January 2016

This document is being produced with the financial assistance of the European
Union and the Council of Europe. The views expressed herein can in no way be
taken to represent the official opinion of the European Union and the Council of
Europe

http://eap-pcf-eu.coe.int
Table of Contents

Executive summary of key findings, conclusions and
recommendations ............................................................................ 6
1. Introduction ......................................................................... 17
2. The legislative framework regulating the legal status and
other conditions of the office of elected self-government
representatives ............................................................................... 18
3. Core legal and implementation issues determining the
execution of roles and functions of elected LSG representatives ..... 31
4. Overview of main strengths and weaknesses ...................... 49
4.1 Local finance ................................................................. 49
4.2 Conditions of the office of local elected representatives 52
4.3 Relations between state and elected self-governments . 54
4.4 Relations between mayors and assemblies ..................... 57
4.5 Quality of local democracy ............................................. 57
4.6 Fragmentation and regional self-government ............... 59
5. Recommendations on strengthening the role and powers of
local elected representatives to enable them to better contribute to
local democratic governance. ........................................................ 60
5.1 Local finance ...................................................................61
5.2 Conditions of office of local elected representatives .......63
5.3 Relations between state and elected self-governments . 65
5.4 Relations between mayors and assemblies ..................... 67
5.5 Quality of local democracy ............................................. 67
Annex 1: Brief Characteristics of the Local Government Systems in
the Eastern Partnership countries .................................................. 69
Annex 2: Congress recommendations on local democracy in
Armenia (n° 351), and on local and regional democracy in Azerbaijan
(n° 326), Georgia (n° 334), Republic of Moldova (n° 322) and Ukraine
(n° 348) ......................................................................................... 103
Annex 3: Recommendation 383 (2015) on the “Conditions of office of
local and regional elected representatives” ................................... 122
Annex 4: Resolution 368 (2014) on the “Strategy on the right of local
authorities to be consulted by other levels of government” ........... 126
Foreword

Mayors and local councillors play a vital role in promoting the
principles of local democracy and shared values within their
communities. Aside from the role prescribed in the legislation, it is
upon them to establish standards of good governance, ethical
behaviour and transparency in concrete terms as they are the public
officials closest to citizens.
The challenges faced at global level demand resolute actions in order
to implement the principles of ethical governance, sustainable
development and greater solidarity in public policies. Local authorities,
more than ever, are compelled to propose innovative approaches to
manage and respond to the challenges arising with today’s urban
development. It is upon them and their political leaders to promote
new initiatives and exercise their public responsibilities in an effective
and inclusive manner.
Analysing the respective national legislation and its practical
application in Armenia, Azerbaijan, Georgia, the Republic of Moldova,
Ukraine and Belarus, it is evident that the nature of this responsibility
can vary due to differing trends, not only within the legal framework of
a country and its capacity for further decentralisation, but also through
the overarching vision and political will. While the principles of local
democracy are a straightforward concept and based on the European
Charter of Local Self-Government, the practice and the
implementation vary from country to country.
The study on the roles and responsibilities of mayors and local
councillors in Armenia, Azerbaijan, Georgia, the Republic of Moldova,
Ukraine and Belarus, commissioned by the Congress of Local and
Regional Authorities, takes an integral look at the execution of roles
and functions, the division and scope of responsibilities, and the
financial situation faced by local elected representatives. By
addressing the issues that local authorities encounter concerning the
core legal structure, its implementation and the exercise of their
powers, Professor Juraj Nemec, member of the Group of Independent
Experts on the European Charter of Local Self-Government, with
support from the respective experts in each of the countries
concerned, has developed a set of practical recommendations in this
regard.
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Five main areas were identified for further action to enhance local
democracy. The findings and recommendations were developed
through an inclusive approach involving the relevant ministries and
associations of local and regional authorities in each country.
Furthermore, the study analyses the relevant legislation within each
country, highlighting their compliance with the European Charter of
Local Self-Government – a unique legal instrument, ratified by all 47
Council of Europe member States. The promotion of the principles of
the Charter and their practical implementation is at the core of the
Congress’ activities to advance the rights of local authorities.
It is with this perspective that the study has been developed to
contribute to strengthening the role and powers of local leaders, in
order for them to take full ownership of their actions for the
development and well-being of their communities. I would like to give
my sincere thanks to all involved in this process.

Andreas Kiefer

Secretary General
The Congress of Local and Regional Authorities

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Executive summary of key findings,
conclusions and recommendations

This study, which focuses on the roles and responsibilities of mayors
and councillors in the Eastern Partnership countries, has been
developed within the Council of Europe/European Union Eastern
Partnership Programmatic Co-operation Framework (PCF) 2015-2017,
and is related to Theme V “Promoting Democratic Governance”,
jointly implemented by the Directorate General of Democracy and the
Congress of Local and Regional Authorities of the Council of Europe.
The aim of this study is to provide a clear picture of the legislative and
practical lacunae that hinder the effective implementation of the tasks
incumbent on local elected representatives in the region and to
suggest proposals to improve the situation (as of autumn 2015).
The European Charter of Local Self-Government (CETS No. 122),
hereafter “the Charter”, represents the core source and the
benchmark for the improvement of local government systems in
Europe and also in turn for the analysis and the synopsis in this study.
Within the Eastern Partnership region, the Charter was ratified by the
Republic of Moldova and Ukraine in 1997, Armenia and Azerbaijan in
2002, and Georgia in 2004. Armenia, Azerbaijan and Georgia ratified
the Charter with reservations. Belarus is not a member state of the
Council of Europe and has not signed the Charter. The Additional
Protocol on the right to participate in the affairs of a local authority
(CETS No. 207), opened to signature in 2009, was ratified by Armenia
in 2013 and by Ukraine in 2014.
When reforming their public administration systems, all countries
included in this report created their own legislative framework,
thereby determining the distribution of powers and competences
between government bodies, as well as the main rules to govern the
functioning of local self-governments (LSGs). However, certain gaps
(on a different scale in each country) remain and every system requires
improvement in order to fully comply with all Charter principles.

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In Belarus and Azerbaijan, most powers at the local level lie with state
administration bodies. Systemic changes to the constitution and local
government laws are core future reform tasks in these two countries.
The local government system in Armenia is highly dependent on
central government. The level of independence, as well as the level of
decentralisation, is low. Local government units (LGUs) do not have
sufficient power to deliver essential public services at the community
level or to organise community life properly. This is mainly due to the
low level of decentralisation in Armenia – the relationship between
LGUs and the territorial state administration (Marzpetarans) is not
properly regulated. However, the LSG situation might improve as the
result of constitutional changes from made in December 2015.
In Georgia and the Republic of Moldova, the legal base for local
government appears to be highly compliant with the Charter
principles. Nonetheless, these countries are facing concerns connected
with limited fiscal decentralisation and, to a different extent,
challenges linked with excessive influence of political parties.
In Ukraine, the local government system prior to 2015 was mainly in
compliance with the Charter principles, but most powers were
allocated to the state authorities on the second and third levels. The
concept of the reform of local self-government and territorial
organisation of power, approved by the government on 1 April 2014,
followed by a set of legal changes, promised that many changes would
be introduced. The way in which the amalgamation of the first level
will be implemented will show how pertinent these changes are.
There are different local self-government systems functioning in the
region and these include both “mayoral” and “representative” forms.
From the point of view of the legislation regulating the legal status and
the conditions of the office of local elected representatives, the
concrete arrangements differ significantly between countries of the
Eastern Partnership region. In Armenia (except for the capital city
Yerevan), Georgia, Republic of Moldova and Ukraine, the mayors are
directly elected by citizens. In Georgia and Ukraine, the law stipulates
that the mayor is the highest executive authority of the municipality;
whereas in the Republic of Moldova, the mayor is the head of local
government. In Azerbaijan, the mayors are elected by the local
councils. In Belarus, deputies of local councils elect the chairman of the
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local council of deputies (the word “mayor” is not applicable to this
post).
In each respective country, national experts and their research
respondents have reported a number of legal and implementation
issues. This report lists these issues country by country and indicates
that the most important of them are connected with the following:
local finance, division and scope of responsibilities between public
administration levels, relations between self-governments, central and
decentralised state administration, relationship between core local
self-government bodies (i.e. between the mayor and the council) and
the quality of local democracy.
The core of this report (see Chapter 4) summarises the findings,
presents the main strengths and weaknesses of the system and, where
appropriate, benchmarks the situation regarding the Charter
principles. The findings show that the main barrier to the full exercise
of the responsibilities of local elected representatives in all six EaP
countries is local finance.
Inadequate funding and funding systems are only too visible – the only
country in the region that spends around one-third of public
expenditure through local authorities is the Republic of Moldova; but
because of the low economic performance of the country, this sum in
absolute value is not sufficient to cover the expected own and
delegated responsibilities. In comparison with the Republic of
Moldova, the total local government revenues in Azerbaijan comprise
less than 0.14% of the consolidated state budget (Table 1).

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