We are interested in talk about “establishing the commons” at A/UK, because the concept implies a very active form of citizenship.

People may transact through the marketplace, or they may rely on the state, but they are actively responsible for a commons. It’s a resource which is both maintained and kept up by the people, but whose ownership (whatever the asset is, both material and immaterial) belongs to posterity, the future of that community, rather than either commerce or the public sector.

As Alberto Lucarelli, a professor in constitutional law in Naples says: “commons are defined by rights”, and “by the management model rather than simply the property model”:

Commons are those resources that apart from the property that is mainly public, pursue a natural and economic vocation that is of social interest, immediately serving not the administration but the collectivity and the people composing it. They are resources that belong to all the associates and that law must protect and safeguard also in virtue of future generations.

We take these quotes from a site welcome to our eyes, called Cooperative City. Michel Bauwens has just brought our attention to this 2017 blog, Regulating the Urban Commons – learning from Italy. It shows how the awareness and strategy for making urban commons came about – particularly, it seems, from a crisis in the status of a public utility: water.

This debate developed strongly in Italy as a result of the Referendum on the Privatisation of Water, which saw a victory with 95% from the position supporting water as a commons to be protected in public interest and not to be privatised.

Following this episode, which has not yet seen a clear policy developed at national level, many city administrations have brought forward this debate at local level. The concept of commons has extended from water to many other resources, both physical and immaterial.

In terms of physical spaces, open public spaces are rather unanimously recognised as urban commons and regulations in many cities have been developed to legislate the community use of urban gardens, as an example.

Such spaces do not prove to be unproblematic as even through the property remains public, the collective access and the management costs are interpreted differently across the country.

In Rome, the Regulation of Green Spaces adopted by the City Council in 2014 foresaw that all running costs, such as water, and ordinary maintenance, such cutting the grass, should be responsibility of the communities adopting the green space, where open public access must be nevertheless be guaranteed. Given the poor condition of maintenance of public green spaces in Rome, many people accepted these conditions to improve their living standards.

Within this context, the regulation of buildings appears to be far more complex, given the higher number of variables in which the civic and the Public should find terms of agreement. To respond to these challenges, some cities developed a Regulation of the Commons, that would provide a framework for civic organisations and the public administration to find agreement on the shared management and use of urban commons.

See this primer on how Bologna triggered such a Regulation of the (Urban) Commons (the actual document here):

The Bologna Regulation is based on a change in the Italian constitution allowing engaged citizens to claim urban resources as commons, and to declare an interest in their care and management.

After an evaluation procedure, an “accord” is signed with the city specifying how the city will support the initiative with an appropriate mix of resources and specifying a joint “public-commons” management.

In Bologna itself, dozens of projects have been carried out, and more than 140 other Italian cities have followed suit. This regulation is radical in giving citizens direct power to emit policy proposals and transform the city and its infrastructure, as a enabler for this.

The key is the reversal of logic: the citizenry initiates and proposes, the city enables and supports.

The Cooperative City blog also tells a fascinating tale how different cities establish their commons, out of different modern (and even ancient) traditions. Take Naples:

In 2016 seven locations in Naples were identified as commons because of the collective commitment of citizens in their regeneration after a long period of abandonment. Before such recognition these spaces were officially identified as illegal occupation of public properties, for which all people involved were subjected to legal persecution.

The innovation of what is happening in Naples stands basically in the fact that the ancient tradition of the Usi Civici (Civic Uses) applied since medieval times to the forests for people to access and harvest wood or collect food, is now applied to urban spaces.

This is the case of the Je So’ Pazzo initiative taking place in the old mental asylum in the city centre of Naples, where a group of inhabitants, many of whom youngsters, have taken over the space to provide a series of local services, such as music classes, sports facilities and many other community-run activities.

Currently the agreement with the Municipalities implies that utility costs of the space are paid by the City Council but all activities related expenses are responsibility of the users. In terms of property rights, the space remains in public ownership and users are granted freely access as long as the activities remain of public interest and open to all citizens.

What is of interest to us at A/UK, looking for movement in society that can support a new political culture of autonomy and localisation, are the moment of opportunity that open up in top-down structures – whether it’s a national debate that has constitutional implications. Or a municipal philosophy that suddenly shifts, due to pressure from below, to a situation where “the citizenry initiates and proposes, the city enables and supports”.

We remain convinced that this happens best when there are self-generated and rich “citizens networks”, sustaining the full human agency of their participants, formulating agendas that more established power structures have to take notice of.

The story of Italian political life is as complex and trouble as it could be at the moment – but this is an example of how change can happen at very different paces.

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The international debate on the commons has a long history but only in recent years has it started gearing towards the definition of Urban Commons and what their role is in shaping our society, especially at the wake of the economic crisis. This debate developed strongly in Italy as a result of a referendum refusing the privatisation of water infrastructures. Following this, many city administrations have brought forward this debate at local level. The concept of commons has extended from water to many other resources, both physical and immaterial, inspiring regulations of the commons in several Italian cities. Experiences from Italy, in turn, have inspired the discussion about the commons in other parts of Europe.

By Daniela Patti:  “Commons are those resources that apart from the property that is mainly public, pursue a natural and economic vocation that is of social interest, immediately serving not the administration but the collectivity and the people composing it. They are resources that belong to all the associates and that law must protect and safeguard also in virtue of future generations.” (Lucarelli 2011) According to Alberto Lucarelli, a professor in constitutional law in Naples, commons are defined by rights and by the management models rather than simply the property model. Urban Commons provide a complex scenario in which both property and management of these collectives resources require new legal framework, increasingly provided by legal experts, municipalities and activists in various parts of Europe. As Sheila Foster and Christian Iaione, scholars of the commons point out, “[…] the urban commons framework is more than a legal tool to make proprietary claims on particular urban goods and resources. Rather, we argue that the utility of the commons framework is to raise the question of how best to manage, or govern, shared or common resources”. (Foster, at al., 2015).

This debate developed strongly in Italy as a result of the Referendum on the Privatisation of Water, which saw a victory with 95% from the position supporting water as a commons to be protected in public interest and not to be privatised. Following this episode, which has not yet seen a clear policy developed at national level, many city administrations have brought forward this debate at local level. The concept of commons has extended from water to many other resources, both physical and immaterial. In terms of physical spaces, open public spaces are rather unanimously recognised as urban commons and regulations in many cities have been developed to legislate the community use of urban gardens, as an example. Such spaces do not prove to be unproblematic as even through the property remains public, the collective access and the management costs are interpreted differently across the country. In Rome, the Regulation of Green Spaces adopted by the City Council in 2014 foresaw that all running costs, such as water, and ordinary maintenance, such cutting the grass, should be responsibility of the communities adopting the green space, where open public access must be nevertheless be guaranteed. Given the poor condition of maintenance of public green spaces in Rome, many people accepted these conditions to improve their living standards. Within this context, the regulation of buildings appears to be far more complex, given the higher number of variables in which the civic and the Public should find terms of agreement. To respond to these challenges, some cities developed a Regulation of the Commons, that would provide a framework for civic organisations and the public administration to find agreements on the shared management and use of urban commons.

The City of Bologna has had a long tradition in terms of citizens’ participation in decision making over the city’s development, but especially as a result of the economic crisis and the subsequent reduction on welfare expenditure, citizens have become increasingly active in the city. Responding to such inputs, the City Council has over recent years developed a series of relevant participation processes, Open Data initiatives, a participatory budgeting platform and the Regulations of the Commons, this last having gained much visibility both at national level and abroad. The reason for the Regulation of the Commons having gained so much attention was because this was the first of its kind ever being developed and was then adopted, with small variations, by a large number of cities across the peninsula.
The Regulation of the Commons is an application of the Principle of Subsidiarity foreseen by the art.118 of the Italian Constitution, that foresees that public administrations should support citizens in the development of autonomous initiatives aiming towards the collective interest. Therefore in 2014, Bologna’s City Council officially adopted the Regulation on the collaboration between citizens and the public administration on activities aiming at the care and regeneration of urban commons. The Regulation acts as a general framework within which citizens, both individuals or groups, can submit proposals for projects to be developed on a spontaneous basis with voluntary effort for the involved parties, putting competences, resources and energy available to the collective good. Such projects are disciplined by the Regulation through a series of specific agreements, called Collaborations Pacts, in which both the citizens and the Public Administration agree to the terms of their cooperation for the safeguarding of the commons. The commons targeted by this Regulation are material spaces as public squares, green areas or schools, immaterial commons, such as education and social inclusion, and digital commons, such as applications and digital alphabetisation.

The value of this pioneering Regulation has been to attempt to provide a legal framework to the activities and projects promoting the commons that were taking place spontaneously in the city, often outside if not even in contrast to the existing regulations. At the same time, this Regulation has the limitation of addressing only the less problematic situations of collaboration between civic and public stakeholders when promoting the urban commons. In fact, collective cleaning of public spaces, paintings of murals or creation of street furniture have been valuable initiatives taking place even more frequently thanks to the legal clarity in which they can take place, but are rather unproblematic in social and political terms. Urban Commons involving higher stakes in terms of ownership, management and economic conditions, as in the case of public buildings or even private ones, are not part of the scope of the Bologna Regulation of the Commons.

Theatre rehearsal at the Cascina Roccafranca. Photo (cc) Eutropian

Such a challenge was instead recently taken on by the City of Turin, which as many other Italian cities adopted the Bologna’ Regulation of the Commons with very small adjustments in January 2016. Within the framework of the Co-City project supported by the Urban Innovative Actions program, Turin aims at developing the experience of the commons towards the creation of an innovative social welfare that will foster the co-production of services with community enterprises. Low cost urban regeneration activities in open spaces as well as buildings will take place and will be financially supported through the European-funded project. Having the project officially started only at the beginning of 2017, it is still early to appreciate any results but it is nevertheless worthy to say that its ambition is strongly embedded within a longer experience in terms of civic-public collaboration, as testified by the experience of the Network of the Neighbourhood Houses, which are also a key partner in the Co-City project. This network of community spaces, started in 2007, gathers eight spaces across the city with different functions and management models, some being public and others privately-run. For example, Cascina Roccafranca is a multi-functional community centre operating in a building owned by the City of Turin. Partly financed by the municipal budget, the centre is managed through cooperation between public and civic actors: a scheme that offers a valuable governance model while providing a wide range of social and cultural activities. As the staff member Stefania De Masi stated: “Our status as a public-private foundation is an experiment, an attempt of close collaboration with the municipality.”

The network of Neighbourhood Houses in Turin. Image (c) Case del Quartiere

An experience stemming from a different background to the one of Bologna is the Regulation of the Commons in Naples. It was in this city that for the first time in 2011, the juridical definition of Commons was introduced in the City Council’s Statute, referring especially to the case of water, which had been object of the national Referendum that same year. The following years, the “Regulation for the Discipline of the Commons” and the “Principles for the government and management of the Commons” were established. According to these, “each citizens should concur to the natural and spiritual progress of the city”. The focus towards the urban commons was explicit in 2013, when the City Council adopted the Public Space Charter, elaborated by the Biennial of Public Space held that same year in Rome, which aims at the creation of concrete processes towards the promotion of the urban public spaces.

It is in 2014 that the current regulation deliberating on the urban commons in Naples was approved by the City Council. This regulation outlines the identification of the commons and the process of collective management for their civic use and collective benefit are outlined. This regulation has foreseen the recognition of ongoing civic initiatives pursuing projects in spaces identified as urban commons. This approach therefore attempts to foster a logic of self-governance and experimental management of public spaces, aiming at recognising these spaces as commons of collective interest and fruition. In 2016 seven locations in Naples were identified as commons because of the collective commitment of citizens in their regeneration after a long period of abandonment. Before such recognition these spaces were officially identified as illegal occupation of public properties, for which all people involved were subjected to legal persecution. The innovation of what is happening in Naples stands basically in the fact that the ancient tradition of the Usi Civici (Civic Uses) applied since medieval times to the forests for people to access and harvest wood or collect food, is now applied to urban spaces. This is the case of the Je So’ Pazzo initiative taking place in the old mental asylum in the city centre of Naples, where a group of inhabitants, many of whom youngsters, have taken over the space to provide a series of local services, such as music classes, sports facilities and many other community-run activities. Currently the agreement with the Municipalities implies that utility costs of the space are paid by the City Council but all activities related expenses are responsibility of the users. In terms of property rights, the space remains in public ownership and users are granted freely access as long as the activities remain of public interest and open to all citizens.

At first sight the Regulations of the Commons of Bologna and Turin and the one of Naples could appear to be rather similar, having been developed at the same with an overall same objectives, yet they greatly differ in terms of concepts of property and usage of the commons. Bologna and the blueprint in Turin, do not effectively intervene on the property model of the public estates, that remain an asset exclusively managed by the Authority, albeit in the public interest. Even in terms of what is the usage model of these properties, this remains unaltered as the Authority is ultimately responsible for the refurbishment of the estates or for the development of social and economic functions. For this reason, it can be said that the civic-public collaborations to be activated tend to take place in open public spaces with a low conflict threshold. Instead, Naples has attempted to pursue a different model of property and management of the commons. in fact, to be identified as a commons are the buildings themselves, based on a series of social and cultural elements, and not the communities operating in them, therefore avoiding conflicts in terms of public procurement in assigning tenants to a public property. The activities currently taking place within these identified Urban Commons are accepted by the Administration as long as they respect the Commons ethics and guarantee access to citizens.

These experiences from Italy are also inspiring other parts of Europe, allowing for an increasing international exchange to take place. From a more institutional perspective at European level, not only has the recently started Urban Innovative Actions European program have financially supported the Co-City project in Turin, but also other European programs are recognising the relevance of such experiences for a European audience. This is the case of the URBACT capacity building program for cities that recently awarded the Good Practice title to the Commons initiative in Naples, based on which knowledge transfer networks of cities could be financially supported throughout Europe starting from 2018. Civic initiatives were also inspired by the work in Italy, as the model of LabGov, the Laboratory on the Governance of the Commons that supported the elaboration of the Bologna Regulation, is collaborating with the Pakhuis de Zwijger to develop an Amsterdam-based branch. The European Alternatives network has initiated a research mapping local governments that are promoting participatory governance in their institutions, in which Naples is thoroughly covered. These Italian applications of regulating the Urban Commons well depict the political positions and the solutions that may be adopted to regulate a form of property that is neither public nor private, but collective.

References
Foster, Sheila and Iaione, Christian, The City as a Commons (August 29, 2015). 34 Yale L. & Pol’y Rev. 281 (2016). Available at SSRN: https://ssrn.com/abstract=2653084 or http://dx.doi.org/10.2139/ssrn.2653084

Lucarelli, A.,2011, Beni Comuni, Dalla Teoria All’Azione Politica, Dissenzi – own translation

Header image: Urban Center, Bologna. Photo (cc) Eutropian

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This publication is an output of the Interactive Cities URBACT network that explored how digital, social media and user generated content can improve today´s urban management in European cities, whatever size. This challenge has been tackled in two ways.

This challenge has been tackled in two ways. Firstly, as an opportunity to redefine and deepen the concept of citizenship and civic engagement today, providing a path to spark cohesion, commonalities and shared value as well as increasing sense of place. In other words, making the most of the new channels to revisit the relationship between the individual and the local community in the digital era. Secondly, as a way to improve the quality of public services, in terms of efficiency and transparency, and even widen the current service chart provided by local authorities.

Download ebook from Cooperative City site

How the city of Ghent uses open data to increase the economic development and how the Interactive Cities network foster the participation and improve the exchange of ideas and best practices among partners – an interview with Thomas Lecompte. Interactive Cities’ final Conference in Genoa 11-13 April. 2018 Interactive Cities is an URBACT Action and Planning Network on the use of social media to foster interaction between cities and citizens categories. The network operated during 2015 and 2018 thanks to the support of the URBACT program with ERDF funding and was composed by the cities of Genoa (Lead Partner), Alba Iulia, CLLD Lisbon, EDC Debrecen, Ghent, Murcia, Palermo, Semaest Paris, Tartu and Varna. Find more information at: Interactive Cities

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De cultural center De Besturing in The Hague found an interesting individual solution. They started paying rent for the free space, and used the accumulated capital as down payment for rebuying the space from the city.

From Cooperative City:

De Besturing was founded in 2006 in an industrial area of The Hague and over the years it has been transformed from a temporary studio complex into a sustainable collective of artists and designers. Initially rented out for free on a temporary basis from the municipality, the community nevertheless collected the rent from tenants, constituting a capital that made possible the building’s purchase in 2017.”

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This is an excerpt from the upcoming book Funding the Cooperative City: Community finance and the economy of civic spaces.

In the past decade, with the economic crisis and the transformation of welfare societies, NGOs, community organisations and civic developers – City Makers – established some of the most important services and spaces in formerly vacant buildings, underused areas and neglected neighbourhoods. Consolidating their presence in the regenerated spaces, these initiatives are increasingly looking into the power of the local community, the dispersed crowd and new financial actors to invest in their activities.

Two years ago, the cultural centre La Casa Invisible collected over 20.000 euros for the partial renovation of the building including the installation of fire doors and electric equipments to assure the safety of their revitalized 19th century building in the centre of Málaga. A few months later, East London’s Shuffle Festival, operating in a cemetery park at Mile End, collected 60.000 pounds for the renovation and community use of The Lodge, an abandoned building at the corner of the cemetery. In order to implement their campaigns, both initiatives used the online platforms Goteo and Spacehive that specialise in the financing of specific community projects. The fact that many of the hundreds of projects supported by civic crowdfunding platforms are community spaces, underlines two phenomena: the void left behind by a state that gradually withdrew from certain community services, and the urban impact of community capital created through the aggregation of individual resources.

The question if community capital can really cure the voids left behind by the welfare state has generated fierce debates in the past years. This discussion was partly launched by Brickstarter, the beta platform specialised in architectural crowdfunding, when it introduced to the public the idea of crowdfunded urban infrastructures. Those who opposed Brickstarter, did in fact protest against the Conservative agenda of the “Big Society”, the downsizing of welfare society and the “double taxation” of citizens: “Why should we spend on public services when our taxes should pay for them?”

Nevertheless, in the course of the economic crisis, many European cities witnessed the emergence of a parallel welfare infrastructure: the volunteer-run hospitals and social kitchens in Athens, the occupied schools, gyms and theatres of Rome or the community-run public squares of Madrid are only a few examples of this phenomenon. European municipalities responded to this challenge in a variety of ways. Some cities like Athens began to examine how to adjust their regulations to enable the functioning of community organisations, others created new legal frameworks to share public duties with community organisations in contractual ways, like Bologna with the Regulation of the Commons. In several other cities, administrations began experimenting with crowdfunding public infrastructures, like in Ghent or Rotterdam, where municipalities offer match-funding to support successful campaigns, or with participatory budgeting, like in Paris, Lisbon or Tartu. Yet other public administrations in the UK, the Netherlands or Austria invited the private sphere to invest in social services in the form of Social Impact Bonds, where the work of NGOs or social enterprises is pre-financed by private actors who are paid back with a return on their investment in case the evaluation of the delivered service is positive.

Largo Residencias, Lisbon. Photo (cc) Eutropian

Alternatively, some cities chose to support local economy and create more resilient neighbourhoods with self-sustaining social services through grant systems. The City of Lisbon, for instance, after identifying a number of “priority neighbourhoods” that need specific investments to help social inclusion and ameliorate local employment opportunities, launched the BIP/ZIP program that grants selected civic initiatives with up to 40.000 euros. The granted projects, chosen through an open call, have to prove their economic sustainability and have to spend the full amount in one year. The BIP/ZIP project, operating since 2010, gave birth to a number of self-sustaining civic initiatives, including social kitchens that offer affordable food and employment for locals or cooperative hotels that use their income from tourism to support social and cultural projects. In 2015 the experience of the BIP/ZIP matured in a Community-Led Local Development Network, as identified by the European Union’s Cohesion Policy 2014-2020, which will grant the network access to part of the Structural Funds of the City of Lisbon. The CLLD is a unique framework for the democratic distribution of public funds: it foresees the management of the funding to be shared between administration, private and civic partners, with none of them having the majority of shares and votes.

While, as the previous cases demonstrate, the public sector plays an important role in strengthening civil society in some European cities, many others witnessed the emergence of new welfare services provided by the civic economy completely outside or without any help by the public sector. In some occasions, community contribution appears in the form of philanthropist donation to support the construction, renovation or acquisition of playgrounds, parks, stores, pubs or community spaces. In others, community members act as creditors or investors in an initiative that needs capital, in exchange for interest, shares or the community ownership of local assets, for instance, shops in economically challenged neighbourhoods. Crowdfunding platforms also help coordinating these processes: the French Bulb in Town platform, specialized in community investment, gathered over 1 million euros for the construction of a small hydroelectric plant in Ariège that brings investors a return of 7% per year.

ExRotaprint, Berlin. Photo (cc) Eutropian

Besides aggregating resources from individuals to support particular cases, community infrastructure projects are also helped by ethical investors. When two artists mobilised their fellow tenants to save the listed 10.000 m2 Rotaprint in the Berlin district of Wedding, they invited several organisations working on moving properties off the speculation market and eliminating the debts attached to land, to help them buy the buildings. While the complex was bought and is renovated with the help of an affordable loan by the CoOpera pension fund, the land was bought by the Edith Maryon and Trias Foundations and is rented (with a long-term lease, a “heritable building right”) to ExRotaprint, a non-profit company, making it impossible to resell the shared property. With its sustainable cooperative ownership model, ExRotaprint provides affordable working space for manufacturers as well as social and cultural initiatives whose rents cover the loans and the land’s rental fee.

Creating community ownership over local assets and keeping profits benefit local residents and services is a crucial component of resilient neighbourhoods. Challenging the concept of value and money, many local communities began to experiment with complementary currencies like the Brixton or Bristol Pounds. Specific organisational forms like Community Land Trusts or cooperatives have been instrumental in helping residents create inclusive economic ecosystems and sustainable development models.

Homebaked, Liverpool. Photo (cc) Eutropian

In Liverpool’s Anfield neighbourhood, a community bakery is the symbol of economic empowerment: renovated and run by the Homebaked Community Land Trust established in April 2012, the bakery – initially backed by the Liverpool Biennale – offers employment opportunities for locals, and it is the catalyst of local commerce and the centre of an affordable housing project that is developed in the adjacent parcels. Similarly, a few kilometres east, local residents established another CLT to save the Toxteth neighborhood from demolition. The Granby Four Streets Community Land Trust, with the help of social investors and a young collective of architects (winning the prestigious Turner prize), organised a scheme that includes affordable housing, community-run public facilities and shops.

The economic self-determination of a community has been explored at the scale of an entire neighbourhood by the Afrikaanderwijk Cooperative in Southern Rotterdam. The cooperative is an umbrella organisation that connects workspaces with shopkeepers, local makers, social foundations, and the local food market: they have developed an energy collective in cooperation with an energy supplier that realises substantial savings for businesses in the neighbourhood; a cleaning service that ensures that cleaning work is commissioned locally; and a food delivery service for elderly people in the neighbourhood.

With community organisations and City Makers acquiring significant skills to manage welfare services, urban infrastructures and inclusive urban development processes, it is time for their recognition by established actors in the public and private sectors. The EU’s Urban Agenda, developing guidelines for a more sustainable and inclusive development of European cities, can be a catalyst of this recognition: it can prompt the creation of new instruments and policies to enable such community-led initiatives. While the Cohesion Policy 2014-2020 has developed the CLLD framework, not many Member States chose to use this instrument. The Urban Agenda could therefore envision the adoption of more methods to be experimented by City Administrations, to allow for a more sustainable and inclusive allocation of resources. Whether through matchfunding, grant systems, or simply removing the legal barriers of cooperatives, land trusts and community investment, municipalities could join the civil society in developing a more resilient civic economy with accessible jobs, affordable housing, clean energy, and social integration.

Lead image from homebaked.org, Liverpool UK. All other images from Eutropian.

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