Rules and procedures for the administrative supervision of local government activities and decisions

The law establishes the authority(ies) responsible for supervision of local governments

Review of legislation to determine if it establishes a supervisory authority/authorities, that is/are responsible for supervising activities of local governments (administrative supervision). Administrative supervision may be undertaken by a supervisory authority appointed by a state authority. The legislation should also stipulate the extent of rights and duties of the authority when exercising supervision as well as clear rules for the process of supervision and the possible consequences of the supervision.

The scope of administrative supervision is limited to the principle of legality

Review of legislation to determine if it establishes the controlling authority’s intervention should be in proportion with the interests in which it is protecting (principle of proportionality) and that supervision is restricted to the principle of legality. Compulsory, automatic administrative supervision, where the supervisory authority is obligated to systematically verify legality, should be limited to activities of a certain significance. The legislation should also list the activities of local governments subject to supervision. Review of legislation whether the legislation stipulates supervision of legality for both, original and transferred competences, or the principle of legality is only restricted to original competences, or the legislation does not stipulate that supervision is restricted to legality. 2 points are awarded if the principle of legality in supervision applies to both original and transferred competences; 1 point if the principle of legality in supervision applies to original competences, 0 points if legality in supervision does not apply.

The law sets clear procedures for the authority(ies) to carry out supervision

Review of legislation to determine if it establishes clear procedures including the legal time frame the supervisory authority must carry out its supervision. The time frame should be explicitly defined or set at least as a “reasonable time”. Additional methodology of supervision helps transparency and certainty, e.g.: Recommendation CM/Rec (2019)3 of the Committee of Ministers to member States on supervision of local authorities’ activities

The law establishes an internal control framework for local governments

Review of legislation if there is an obligation for local governments to have an internal control framework in place, which helps efficient operations and safeguards against risk of fraud, maladministration, misuse, etc.

The law stipulates sanctions for local authorities in cases when the functioning of local government or/and fulfilment of tasks are hindered

Review of legislation to determine if it establishes that sanctions and/or dismissal/substitution of local authorities’ decisions are clearly defined by the law and are determined only for exceptional cases when the functioning of regional/local government is hindered. In case of own competencies, regional/local authorities, in the first place, should be requested to review their activity/decision. In case of transferred competencies, regional/local authorities may be requested to reverse, suspend, or annul their activity/decision. Annulment should be kept to a minimum. The legislation should also establish who is accountable for decisions and/or local government activities in case of maladministration and what the consequences are in such cases.

Local governments have the right to appeal against state administration decisions

Review of legislation to determine if it establishes that local governments have the right to appeal against state administration decisions (effective remedy). The law should stipulate the right for judicial remedy in case of inappropriate or inadequate supervision.

Local governments are supervised on their original and/or delegated competences (%)

Review of reports from selected ministries and/or institutions to verify the number of municipalities supervised in the past two calendar years. During the last two full calendar years at least 10% of municipalities were supervised by the respective authority in at least 3 areas of original and/or delegated competences selected by the respective administration (e. g. education, environmental protection, social affairs, etc.). The respective authority is the ministry responsible for the delegated competence, inspections and/or the national audit office, which might also have the competence to supervise local governments. The following data in the documentation is checked: municipality supervised, date of supervision, findings of the supervision. Points are allocated depending on the percentage of municipalities supervised in the last two calendar years (x): • x < 10% = 0 points. • 10% ≤ x < 50% = linear function • x ≥ 50% = 6 points. More points are allocated to criterion 7 given that it is the only criterion verifying the practical side of supervision.