Publications
Spheres of Governance: Comparative Studies of Cities
in Multilevel Governance Systems
Forthcoming May 2007
Edited by Harvey Lazar
and
Christian Leuprecht
Institute of Intergovernmental Relations,
Queen's University
McGill-Queen's University Press
This is the first collection
of its kind to compare systematically the
challenges faced by municipalities in the context of the growing
complexity of intergovernmental relations and multilevel governance
in federations. Experts contribute chapters on Australia, France,
Germany, Mexico, South Africa, Spain, Switzerland, and the United States,
paying particular attention to the interaction between municipal and federal
governments. Each chapter analyzes the constitutional and fiscal position of
municipalities, their relations with the central government, the way
provincial and state governments mediate these relationships, and how policy
is made (with examinations of two policy sectors per country). Tensions and
pressures for change are highlighted.
At a time when local
governments are rising in importance around the world, and functions are
being shifted across levels of government, this comparative analysis breaks
new ground in the study of multilevel governance, intergovernmental
relations, and municipal government.
Abstracts
(by Carey Anne Hill, MCRI Multilevel
Governance & Public Policy Postdoctoral Fellow)
Australia
Douglas M. Brown, “Federal-Municipal Relations in Australia"
The Australian federal system can be described as an “inverted pyramid”
with the Commonwealth at the top, six state governments in the middle, and
the approximately 730 municipalities at the bottom. Intergovernmental
relations in Australia might be understood as a ‘three-ring circus’
(state-local, federal-state and federal-local) yet are increasingly becoming
overlapping. Constitutionally, local governments are creations of the state
governments. Unfunded mandates and cost-shifting form part of a complex
financial relationship between state and local governments. Local
governments are more fiscally autonomous than the state governments with
property taxes and user fees as their main sources of revenue. Local
governments also receive a portion of federal income tax that is channeled
through the state governments. The Australian Local Government Association
represents the municipalities of every state and the Northern territory and
has had a seat at the Council of Australian Governments (COAG) since 1995.
In 2006, the COAG reached an agreement on a framework of principles for
intergovernmental relations on local government matters. A case study of
infrastructure funding focusing on roads notes that funding comes from two
main sources. The Financial Assistance Grants channel funds through the
states to the local governments. By contrast, the Roads to Recovery program
is one of direct federal-local interaction with funds allocated based on
historical needs, road lengths and state population. A second case study
examines public management reform in Australia demonstrating that the
National Competition Policy that resulted from federal-state negotiations
has enabled states to “negotiate or dictate” competition reforms onto the
local level.
France
Emmanuel Brunet-Jailly, “France Between Decentralization and Multilevel
Governance - Central-Municipal Relations in France”
France is recognized as the archetypical centralized state yet recent
trends point to increasing decentralization and the development of a unique
form of multilevel governance. Four levels of government including
municipalities, Departements, Regions and the central government are
responsible for a variety of shared policymaking. The regional level is
becoming the level of an increasing convergence of interests though not as a
mediator. While the transformation has enhanced the local government system,
it has not weakened the central government. Constitutionally, France is a
unitary state and local governments have no constitutional standing. With a
long history of top-down control, the nature of central-municipal
interaction has shifted in recent years. Importantly, local governments have
powers for the purposes of experimentation that may be generalized to the
national territory once tested and approved by local governments and the
national assembly. Local government financial resources include fees for
services, local taxes, grants and tax sharing mechanisms. Contracts are
negotiated and signed with involvement from all levels, the European Union
and the private sector. Furthermore, accumulation of political offices has
made local officials more influential. A case study of immigrant settlement
policies suggests that policies of municipal allocation are closed with
central state officials unable to carry out their policy objectives. By
contrast, a second case study demonstrates that though the central
government technocracy has maintained the staff and expertise to study and
supervise the development of the road system of France, this policy area is
also becoming increasingly decentralized.
Germany
Rudolf Hrbek and Jan Christoph Bodenbender, “Federal-Municipal Relations -
Germany”
Germany’s sixteen Lander have “sole jurisdiction” over its approximately
13,500 municipalities while functionally the local authorities are largely
responsible for policy implementation and service delivery. Germany’s
city-states of Berlin, Bremen and Hamburg are noteworthy in their
overlapping functions as municipalities, counties, and also Lander. The
revenue sources of municipalities include a share of income tax, tied and
unconditional grants from the higher levels, fees for services, and loans.
Representation of municipalities at the federal level is primarily indirect
through the Lander. Three central associations represent municipalities
directly and coordinate their efforts through the Federal Union of Local
Government Central Associations. Most municipal tasks are determined by the
Lander or the Federation. This has created a situation where the federal
level can entrust tasks to the municipal level but is not required to
provide resources. However, the authors note that recent trends including
the “optimal model” and a proposal of the joint Committee on Modernising the
Federal System may help to remedy this situation. Two case studies reveal
the primary role of the municipalities as one of policy implementation. The
first case study of emergency planning notes that the organizational and
legal basis lies with the Lander. Municipalities and cities act as
lower-level disaster control authorities and bear costs for relief in their
vicinities. The second case study of immigration policy demonstrates the
interdependence among the three levels. For example, the integration course
is implemented locally, financed at its basic level federally, and at its
advanced level by the Lander.
Mexico
Allison Rowland, “The Interaction of Municipal and Federal Governments in
Mexico: Trends, Issues and Problems”
The Mexican federation includes 31 states and over 2,400 local
governments. Recent trends borne of greater pluralism include increased
intergovernmental conflict and calls for recentralization of government as
well as uneven change and variation across the regions. The struggle for
control by the states has led to the usurping of municipal functions
including in areas of shared responsibility. The Constitution defines the
local governments as organizations of the states. While reforms in 1999
argued that municipalities had “full-fledged status,” states continue to
view their role as “legitimate” in all local affairs. Municipal revenues
include property taxes, conditional grants from the higher levels and
revenue sharing. The structure operates such that programs and financing
intended for the municipalities are channeled through the states. The
interests of municipalities are represented via the National Conference of
Mexican Municipalities and other interest associations. Areas of direct
federal-municipal contact include international border zones, areas of
domestic armed conflict and regions in which federal property is
particularly important. It is noteworthy that federal programs may still be
undertaken with little to no consultation with the local authorities. A case
study of federal property finds that the nature of interactions varies with
the type of property and degree of activity as well as the capacity to
respond. A second case study focuses on image-building via tourism. FONATUR
is the federal agency that identifies and invests in “promising sites.” The
images offered by FONATUR may clash with local identities and priorities.
South Africa
Nico Steytler, “National Government”
The South African constitution of 1996 included the local sphere of
government along with the national and provincial levels. There is an
explicit national-local as well as provincial-local relationship with a
clear hierarchy between the three spheres and the national government as
dominant. Monitoring and support of municipalities is a shared
responsibility of the provincial and national levels. The scope of
national-municipal interaction is “broad and multi-sectoral” including
formal intergovernmental forums, an obligation to consult, and the national
sectoral programmes. The South African Local Government Association is
recognized by the National Minister of the Department of Provincial and
Local Government. A single election date for all municipalities is also set
by the National Minister. Due to the “two-track relationships” of
provincial-local and national-local, provincial mediation is limited. Local
government revenue sources include user charges, property rates,
intergovernmental grants, tariffs, fines, and subsidies. A case study of
emergency planning demonstrates a complex set of relationships including
hierarchical, parallel and national-municipal. The system’s hierarchy
involves the establishment of a disaster management centre at the municipal
level which is linked to a provincial disaster management centre while the
national centre takes on a coordinating and integrative role. The second
case study of infrastructure is an area in which a significant policy shift
has resulted in the direct funding of municipalities by the national
government whereas, in the past, funds had been channeled through the
provinces.
Spain
Robert Agranoff, “Local Governments in Spain’s Multi-level Arrangements”
Most intergovernmental attention in Spain has been consumed with the
renegotiation of the statutes of autonomy leaving local level reforms such
as the Pacto Local stalled. In addition to the four levels of government
that include the national level, the 17 regions (autonomous communities),
the 50 provinces, and the over 8,000 municipalities, Spain also has other
special/asymmetric arrangements. Local government revenues include
own-source taxes, tax-sharing and conditional grants. Most mechanisms for
municipal-federal interaction are indirect and there is much more
regional-local than federal-local interaction. All 17 regions have a cabinet
department addressing local administration with most having some form of
municipal consultative body. At the national level, there exists the
National Commission on Local Governments, a standing advisory body. More
influential have been the interest associations such as the Spanish
Federation of Municipalities and Provinces (FEMP) as part of the broader
corporatist tradition. The multilevel character of the Spanish system
extends to its political parties that often see ties stretch from the local
to the national level. The infrastructure program case study illustrates the
“highly intergovernmentalized” nature of Spanish public finance with direct
and conditional financing involving participation from several levels
including the private sector. A second case study in the area of immigration
involves government action at the different stages that include
responsibilities for prevention, admission, control and integration. The
local level is largely responsible for integration with reforms in 2005
resulting in greater participation of the municipalities in the admission
and control processes.
Switzerland
Andre Bachtiger and Anina Hitz, “The Matrix Extended: Federal-Municipal
Relations in Switzerland”
Federal-cantonal relations in Switzerland have been referred to as a
“matrix model” of federalism. Recent trends involve an extension of the
model to include municipalities via institutional innovations (i.e. the
Tripartite Agglomerationskonferenz), financial incentives for cooperation at
the urban level, and the recognition of interdependence among the levels.
The Swiss model suggests that effective multilevel governance depends on
institutionalized and cooperative relations among the different levels as
well as favorable individual level characteristics. Article 3 of the Swiss
Constitution suggests municipalities are the “exclusive jurisdiction of the
cantons” but reforms in 1999 explicitly named municipalities as an area for
federal cooperation. The 2,940 political municipalities are generally
responsible for implementing legislation enacted by the cantonal and federal
levels. The fiscal system is “thoroughly noncentralized” with municipalities
having the capability to raise their own income tax. A transfer system
involves federal transfers of funds to the cantons who transfer funds to the
municipalities. While the scope of federal-municipal relations is described
as “limited,” the Swiss federal system has inclusive and accommodative
structures available to municipalities including referenda at all levels,
participation in expert committees, and a pre-parliamentary consultation
procedure. A case study of emergency planning demonstrates a hierarchical
pattern of interaction with the federal level coordinating via a special
committee involving the cantons while municipalities and regional civil
protection organizations execute what other levels have decided. By
contrast, a case study of metropolitan governance of land-use and
transportation policy involves federal financial and knowledge-based support
for urban policy projects involving all levels.
USA
Ronald K. Vogel, “Multilevel Governance in the United States”
As a result of the US political system and culture, municipalities have a
reputation for local autonomy even though they are legally the
responsibility of state governments. The US system has a long history of
federal grants to municipalities but in recent years federal support to
cities has declined as the national government has increasingly favoured
block grants passed through the states rather than direct ties with the
cities. Local government revenues include property tax, sales taxes, user
fees and aid from the other levels of government. Lobbyists and membership
in associations are modes of municipal representation at the national level.
In the area of infrastructure, US intergovernmentalism is bound together by
the grants-in-aid system. In the past, federal categorical grants paid for a
great majority of the costs of infrastructure projects with initiatives
coming from the local level. Since the 1980s, federal aid to cities has been
significantly reduced and municipal associations claim that a crisis in
infrastructure persists. In the area of emergency planning, the
intergovernmental framework involved local governments as first responders
with states engaged to plan and request assistance from the federal
government. The Federal Emergency Management Agency (FEMA) was independent
and had direct access to the president to facilitate its coordinating role.
However, after 9/11, FEMA reported to Homeland Security marking a shift
regarding the role of the federal government in emergency planning from
primary to secondary. The current multilevel governance system is judged
poorly regarding the Hurricane Katrina and flooding disaster.
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