Systems of multilevel governance[1]
Representation[2]: The Association of Towns and Communities of Slovakia (ZMOS) and the Union of Towns and Cities of Slovakia (UMS) represent the sub-national level towards the central government. The ZMOS is a non-partisan independent legal entity which comprises municipalities (cities and villages). The aim of the ZMOS is the promotion of the interest of the territorial self-government in legislative regulations. The ZMOS has been established to defend the common interests of all associated settlements, meaning inter alia that it does not interfere with the solution of individual problems of each member municipality. Since 1990, all the activities of the ZMOS have been linked to promoting the decentralisation of public administration, including fiscal decentralisation of municipalities, development of local democracy and maintenance of the existing electoral system for self-government bodies. Beside adduced systemic priorities, the ZMOS addresses issues that have a negative impact on the majority of municipalities. The nonmember municipalities also profit from the activities of the ZMOS, insofar as the ZMOS contributes to positive changes in national legislation.
The UMS is a voluntary association of cities in the Slovak Republic. The UMS protects the rights and interests of members in relation to legislative and executive state authorities as well as to other organisations, unions, associations, and home and foreign institutions; presents to the public issues of territorial self-administration, especially with regard to cities in terms of quality of life in urban areas; provides members with advisory and information services; coordinates municipal activities, especially in the area of protection, restoration, development and permanent sustainability of environment and cultural heritage, educational system, social and health services, local and regional development; ensures continuous development of municipal human resources and especially continuous professional improvement of elected representatives and executive or expert officials at municipal offices, institutions, organisations and facilities; promotes personal, financial, institutional and tax independence of municipalities; creates conditions for ensuring the exchange of experiences and establishing contacts with members with foreign interest associations and institutions with similar intent and with other foreign entities; provides data on a voluntary basis, creates information database about associated cities and ensures their presentation both home and abroad, etc.
The main difference between the ZMOS and the UMS is its respective membership. The ZMOS is a legal entity representing municipalities regardless of their legal status, in other words, municipalities seeking membership do not have to be declared cities (The National Council of the Slovak Republic determines whether a municipality has the status of a town, according to Act No. 369/1990). On the other hand, the UMS represents only municipalities with the legal status of a city. The mission and goals of both adduced associations are quite similar. The Government decided to appoint the representatives of the ZMOS to the Economic and Social Council of the Slovak Republic (tripartite consultation body) as it represents the interests of all municipalities.
The Regions are not organised in associations, but can be represented in informal meetings with the central government on an ad-hoc basis.
Information and consultation[3]: The ZMOS has no legislative power as such, but it can work both in written form and through a contact person during the preparatory phase of the legislative process on proposals touching upon local matters. The ZMOS does not have the right of legislative initiative, although within the legislative process it is obligatory for it to be informed and have the right to comment on the draft bill. The essential part of the ZMOS's participation in the legislative process is its membership in the Economic and Social Council of the Government. The ZMOS is asked to comment upon all draft bills, and not only the ones concerning the decentralisation of public administration. Although the ZMOS does not have the right of legislative initiative, it also cooperates with MPs on drafting bills and amendments of laws. In the final stage of the legislative process, the ZMOS collaborates with parliamentary caucuses and parliamentary committees and debates on its proposal and demands. In sum, the ZMOS has the opportunity to influence the draft legislation at all the stages of the legislative process.
On social and economic affairs, a standing social dialogue has existed since 1990, in which the ZMOS participates. The ZMOS, as a legal entity unifying cities and villages, is involved in collective bargaining in the context of the Economic and Social Council of the Slovak Republic.
The trade unions and member associations of the Confederation of Trade Unions may also be consulted by through lobbying in the National Council of the Slovak Republic. Representatives of the Confederation of the Trade Unions of Slovak Republic and the National Union of Employers are also an integral part of the above-mentioned Economic and Social Council of the Slovak Republic and have rights to influence the draft legislation equal to those of ZMOS.
Coordination[4]: During the legislative process, the contact person of the ZMOS informs the members of the Legislative Council on the opinion of the municipalities and cities; it draws attention on the possible negative impacts of the legislative proposal on the local level and may propose a specific solution.
On 1 December 2004, the Council of Economic and Social Partnership of the Slovak Republic (currently called the Economic and Social Council of the Slovak Republic), a consulting body on the economic and social partnership at the national level was established. Its aim is to negotiate issues of social and economic development, budgetary proposals of the State, and draft legislation. It prepares recommendations for the Government on the issues negotiated. In this context, the ZMOS acts at a national level, and its action has a broad range. This collective bargaining brings together high level trade union bodies, representatives authorised by the Government (State Secretaries or Ministers from all the Ministries) and representative employers' proxies, including the ZMOS, Confederation of the Trade Unions of the Slovak Republic, the National Union of Employers and Federation of Employers' Associations of the Slovak Republic. Collective bargaining often deals with the scope of holiday, wage claims, working conditions, on supplementary allowances to the income insurance and on the Social fund. The negotiations within this Council produce recommendations that are then communicated to the Government.
At the national level, such negotiations have resulted in the following two agreements:
- The Collective Agreement of a Higher Degree for employers; and
- The Collective Agreement of a Higher Degree on State Service.
At the national level, there are Ministerial Working Groups under each Ministry. Within the Ministry of Foreign Affairs and European Affairs, the Commission for European Affairs consists of representatives from all Ministries and of the other State bodies. The Commission meets once per week and their adopted position is delivered to COREPER I and II, depending on the theme debated. The ZMOS is invited to participate in the Ministerial Working Groups and in the Commission for European Affairs.
[1] Council of European Municipalities and Regions, Consultation procedures within European States, 2007.
[2] 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, Consultation procedures within European States, 2007
[3] 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, Consultation procedures within European States, 2007
[4] Id.
