Representation: In order to facilitate dialogues between the different levels, Provinces and Municipalities have united in two associations. Provinces organise in the Interprovinciaal Overleg (IPO) and municipalities organise in the Vereniging van Nederlandse Gemeenten (VNG) which represent each layer in direct dialogues with the government.
Information: The national government, the IPO and the VNG have agreed on a Code on Inter-administrational Relations. It states that local and regional authorities will be informed in a timely and appropriate manner about the planning and the decision-making process on issues that directly affect them.[1]
Inter-administrative relations receive a great deal of political attention in the Netherlands. The consultative division of the Dutch Council of State (Raad van State) periodically produces a report on these relations, pursuant to section 15, of the Council of State Act, at the request of the government. These reports present a general description of such relations, illustrated by specific examples, and provide recommendations and remarks.
Consultation: The Code on Inter-administrational Relations specifies the relationship between the different administrational levels. It contains a checklist on how to involve and VNG and the IPO on policy-making and the formulation of laws. Additionally, the VNG and the IPO are represented at the national level in the interdepartmental working groups on various policy domains on European issues and the 'Working Group for the Assessment of New Commission Proposals' (Werkgroep Beoordeling Nieuwe Commissievoorstellen).[2]
Furthermore, twice a year, the Prime Minister and the presidents of the VNG and the IPO meet to keep track of the common agenda in the so called “three-tier conference".[3]
Coordination: Apart from the constitution, the Municipalities Act and the General Law on Administration provide the legal framework for the operation and relation between various layers of government.
The Revitalisation of General Supervision Act entered into force in 2012. It sets out the provinces' and central government's supervision over municipalities. Municipal authorities have dealings with a different supervisory authority in each policy area. The provincial authorities supervise municipal authorities' work on spatial planning, construction, the natural environment, housing, heritage and the structural safety of buildings and other works. Central government supervises municipal authorities in those areas for which provinces have neither a remit nor expertise, such as social affairs. Central government still supervises provincial authorities' implementation of delegated competences.
In accordance with the Dutch constitution, the national government can at any given time demand compliance with national laws. If the government considers a local or regional decree to be in violation of national law or damaging to the public interest, it may, under Article 268 of the Municipalities Act and 10:34 of the General Law on Administration, cancel such decree. It is also possible for a mayor to request for the cancellation of such decree (based on article 273 Municipalities Act). Nevertheless, this form of intervention from the national authority at local and regional levels has become increasingly infrequent over the past decades. In addition, the national government, as stated in Article 124(2) of the constitution, can demand the cooperation of the local and regional authorities in implementing national policies.
Yet, in addition to these centralising tendencies, every national government makes an Administration Agreement with the local and regional authorities. This agreement establishes the policy divisions between the levels for the upcoming four years. It is a principle agreement which is not legally binding and mostly outlines the broad strategic goals for the coming years.
The VNG and the IPO respectively represent the municipalities and the provinces in these negotiations. For the agreement to be valid each representative has to agree with the text. These negotiations do not always go smoothly as a decentralisation of tasks also embraces government spending cuts, meaning that the regional and local authorities have less financial resources at their disposal compared to the national government had in the previous years.
[1] Code Interbestuurlijke Verhoudingen, 2005, p.42,
http://www.vng.nl/Documenten/Extranet/Bjz/Bb/civBZKNedcompleet.pdf.
[2] EIPA & EUKN Nicis Institute, Study: The Institutional Impacts of EU Legislation on Local and Regional Governments: A Case Study of the 1999/31/EC Landfill Waste and 2004/18/EC Public Procurement Directives, 2009.
[3] Council of European Municipalities and Regions, Consultation procedures within European States, 2007.
