In a monitoring report on the implementation of the European Charter on of Local Self-Government published today, the Congress of Local and Regional Authorities expresses particular concerns over the appointment procedure of Mayors and King’s Commissioners, which has not been changed in the legislation to provide for their democratic election by the citizens.

The Netherlands ratified the Charter of Local Self-Government in 1991 and in this new report the Congress urges national authorities to replace the appointment of Mayors and King’s Commissioners by democratic election, to ensure the citizen’s rights to participate in the conduct of local public affairs and comply with fundamental principles of democracy.

Despite a 2018 constitutional amendment regarding their appointment procedure, the rapporteur notes that there are no clear plans for a shift towards elected functions.

Mayors used to be the neutral representative of the Crown in municipalities or cities. Over the last decades the role has become more political. This is due to the increasing importance of their work in the field of safety, public order and, in the current pandemic, due to the decisions on restrictions of fundamental rights.

Another field of contention is the issue of migrants and refugees. The central government’s restrictive policies have been challenged, in some cases, by Mayors engaging in a more open, humanitarian policy, often making direct reference to obligations and rights under international law, for example in providing shelter for irregular migrants.

Mayors are therefore more prominent and political figures than ever. This change of the role raises concerns about their democratic legitimacy: while an important influence of the Council seems guaranteed even in the current appointment procedure, it is also true that no Mayor or King’s Commissioner needs to engage in an electoral campaign.

The Congress report acknowledges the long tradition of local democracy and local self-government in the country, rooted in a political culture of “Polderen” (discussing/negotiating/bargaining) that favours negotiation, compromise and agreement between levels of government. It also welcomes the positive evolution of the 2015 decentralisation reform, which has led to the transfer of additional tasks and responsibilities to the local level, particularly in the social sphere, nature management and spatial planning.

The report also deplores the persistent lack of clarification and overlap of competences between municipalities and provinces. It points out that local government financial resources are not commensurate with the additional tasks municipalities must perform since the 2015 decentralisation reform considered too quickly implemented, in particular in the social sphere, in health care and employment.

The Congress invites the Dutch authorities to match the additional competences that the municipalities must perform following decentralisation, in particular in the social and youth support area, with commensurate financial resources; to expand the municipal and provincial taxing capacity; to diversify the local financial resources; to revise the legislation regulating intermunicipal co-operation to strengthen the position of the municipal council.

Local democracy and local self-government have a long tradition in the Netherlands. Their meaning and practice have changed considerably over time, not least due to the creation and re-organisation of the welfare state which aims at equal services and similar living conditions throughout the country not allowing for major difference. The political, legal and cultural context is the one of a unitary State (known as “one government” approach) and of decentralisation of public functions in order to increase the efficiency and to save costs.

Finally, municipalities and provinces fulfil a wide range of tasks and competences, in comparison with other European countries. However, their own sources of income and their competence to raise taxes is very limited, which means that they depend for a considerable part on transfers from central government. Most municipalities in the Netherlands are quite large in size and fulfil many of their tasks together with other municipalities, which creates a sort of quasi-regional government in many areas, raising issues of democratic control and accountability, such as for the 25 “safety regions”, important actors in the response to the Covid-19 pandemic.

Media contact: Giuseppe Zaffuto, Spokesperson/Media Officer, tel. +33 6 86 32 10 24

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