Systems of multilevel governance[1]
Representation: At federal level, local associations participate in numerous inter-institutional committees, representing their positions. There are many councils and committees in which the associations are represented.
Information: During the legislative process, information is provided to the regions and communities to the extent that information is published on the Parliament's website. Councils and committees are also opportunities for the LRAs to be informed.
Consultation[i]: There is no strictly defined consultation procedure at the federal level aside from the fact that associations of local authorities participate in numerous inter-institutional committees.
In 1988, the supervision of local authorities was transferred to the regional governments. This has had serious consequences on the consultation procedures. The regional level is becoming increasingly important for local government.
In the Flanders region, strictly speaking, no formal consultation procedure exists. However, the Association of Flemish Cities and Municipalities (VVSG) sits on several inter-institutional committees at the Flemish level. Through this participation, many informal contacts are developed between the management and members of the VVSG team, and the cabinets and civil servants of the Flemish administration. Occasionally the management or members of the VVSG team are invited to present the position of VVSG in committees or in the plenary session of the Flemish Parliament.
In the Walloon region, the local governments have their own consultative council. This is the highest council of the cities, municipalities and provinces of the Walloon region. Instituted by the decree of 1 July 1993, its mission is “to provide an opinion concerning any draft decree of the Walloon Parliament that might influence the finances and/or administration of cities, public centres of social action (CPAS), provinces of the Walloon region." The Parliament or the Government may use this non-binding opinion when finalising their draft. The Union of Cities and Municipalities of the Walloon Region (UVCW) participates in this council, proposing the nominations of eight of the 16 municipally mandated members of the council, and taking part in the work of the council as experts. Furthermore, the UVCW participates in various committees and councils in different fields, both in the context of the Walloon region and in the “Communauté Wallonie - Bruxelles" (a non constitutional body that focuses on international relations of the French-speaking Community). In addition, UVCW frequently has hearings with the national parliament and the Walloon Parliament concerning draft laws or decrees of importance for local government. Finally, UVCW is often directly and informally consulted by the regional authority prior to decisions it wishes to take.
No formal procedure exists in the Brussels region. The Association of the City and the Municipalities of the Brussels-Capital Region (AVCB) participates in different committees and councils, both in the context of the Brussels region and in the community “Walloon Brussels".
Given the number of councils and committees in which the associations are represented, local government is broadly consulted. However, consultation is not systematic and association often must be vigilant in order to take action in time on an issue that would impact local authorities, particularly concerning finances.
Coordination: For matters under the competence of the federal state that bear consequences for local government, the three associations of local authorities consult together in order to possibly adopt a common position.
The Concertation Committee is a multilateral body of federal and sub national ministers that seek to negotiate solutions to conflicting policies.
Another tool is the co-operation agreement. Co-operation agreements are negotiated and concluded by the Federal Authority and one or more federated entities, or by the federated entities between them, to increase their co-operation in a given matter or to clarify the role of each one. Compulsory co-operation agreements exist in matters where the law requires that one should be concluded, and optional co-operation agreements can be decided on the initiative of the parties concerned.
A typical Belgian procedure (“la sonnette d'alarme") was recorded in Art. 54 of the Constitution in the course of the first State reform (1970). A reasoned motion signed by at least three-quarters of the members of one of the linguistic groups can declare that the provisions that it designates of a Government bill or private member's bill can gravely damage relations between the Communities. In this case, Parliamentary procedure is suspended and the motion is referred to the Council of Ministers, which within thirty days gives its reasoned opinion on the motion and invites the Chamber of Representatives involved to pronounce on this opinion. This procedure can be applied only once by the members of a linguistic group with regard to the same Government bill or private member's bill.
[1] Council of European Municipalities and Regions, Consultation procedures within European States, 2007.
[i] Under the supervision of Professors Michael Keating and Jacques Ziller, Study on the Division of Powers between the EU, the Member States and regional and Local Authorities, European University Institute, Florence, 2008. and Council of European Municipalities and Regions, Study on 'Consultation procedures within European States', 2007, pp. 211-215
