23rd SESSION
Strasbourg, 16-18 October 2012
Adopted texts
Recommendations
Recommendation 325 The changes underway in the Arab countries – opportunities for local
and regional democracy
Recommendation 326 Local and regional democracy in Azerbaijan
Recommendation 327 Youth and democracy: the changing face of youth political engagement
Recommendation 328 The right of local authorities to be consulted by other levels of government
Recommendation 329 Local democracy in “the former Yugoslav Republic of Macedonia”
Recommendation 330 Local elections in Serbia (6 May 2012)
Recommendation 331 The governance of macro-regions in Europe
Recommendation 332 Regional legislation and action to combat sexual exploitation and
abuse of children
Recommendation 333 Second-tier local authorities – intermediate governance in Europe
Resolutions
Resolution 340 Verification of new members’ credentials and new appointment
procedures
Resolution 341 Priorities of the Congress 2013-2016
Resolution 342 The changes underway in the Arab countries – opportunities for local
and regional democracy
Resolution 343 Policy of the Council of Europe towards neighbouring regions: the
role of the Congress
Resolution 344 Procedure for the election of the Secretary General of the Congress
Resolution 345 Local and regional democracy in Azerbaijan
Resolution 346 Youth and democracy: the changing face of youth political engagement
Resolution 347 The right of local authorities to be consulted by other levels of government
Resolution 348 Local elections in Serbia (6 May 2012)
Resolution 349 The governance of macro-regions in Europe
Resolution 350 Regional legislation and action to combat sexual exploitation and
abuse of children
Resolution 351 Second-tier local authorities – intermediate governance in Europe
23rd SESSION
Strasbourg, 16-18 October 2012
The changes underway in the Arab countries –
opportunities for local and regional democracy
Recommendation 325 (2012)[1]
1. The political changes sweeping the countries of the southern Mediterranean provide a unique opportunity for establishing democracy in a process in which political, economic and administrative decentralisation of power to authorities closer to grassroots needs – municipalities and regions – is of vital importance.
2. In this context, the Council of Europe has a duty to support the process and, in particular, the expansion of local and regional democracy. It has a range of legal instruments setting out the principles and standards for the development of local and regional democracy, as well as extensive experience of implementing them in administrative practices and the management of local and regional authorities.
3. In this connection, the Congress of Local and Regional Authorities welcomes the action by the Parliamentary Assembly in Morocco and Tunisia, in particular the observation of elections, and calls on it to encourage those countries’ national parliaments to draw up legislative frameworks for local and regional democracy and adopt democratic principles of local and regional self-government, based in particular on the European Charter of Local Self-Government and the additional protocol on democratic participation, the Reference Framework for Regional Democracy and other relevant Council of Europe legal instruments. The legislative frameworks should, in particular, deal with increased powers and the financial base of local and regional authorities, as well as participation by citizens, in particular women and young people, at local and regional level.
4. The Congress of Local and Regional Authorities also welcomes the drawing up of 2012-2014 priorities for Morocco and Tunisia under the Council of Europe policy towards neighbouring regions, which will receive European Union support. It is pleased to be involved in these priorities.
5. Underlining the importance of taking due account of the local and regional dimension of the Council of Europe’s policy towards neighbouring regions, the Congress calls on the Committee of Ministers to:
a. promote among the national governments of the southern Mediterranean the democratic principles of local and regional self-government in administrative practices, in particular concerning the transfer of powers and financial resources, as well as participation by citizens, in particular women and young people, at local and regional level ;
b. promote the standards established by the above-mentioned Council of Europe legal instruments and the Code of conduct for the political integrity of local and regional elected representatives, the Charter on the Participation of Young People in Local and Regional Life, the Charter for Regional or Minority Languages and the Charter on Education for Democratic Citizenship and Human Rights Education ;
c. consider the possibility of opening the European Charter of Local Self-Government for accession by the countries of the southern Mediterranean, in particular Morocco and Tunisia ;
d. promote decentralised co-operation and, where possible, provide financial support for projects by European municipalities and regions for their counterparts in the southern Mediterranean, in particular training programmes for elected representatives and their staff.
e. ensure, in the framework of its 2012-2014 cooperation programmes with Morocco and Tunisia, that activities concerning combating corruption and money laundering pay particular attention to these problems at local and regional levels.
6. In addition, the Congress calls on the Council of Europe’s Venice Commission, in the context of its expert appraisals of the constitutions and legislation of the countries of the southern Mediterranean, to make sure that the right to local self-government is recognised and the democratic principles and standards of local self-government are included.
7. Lastly, the Congress calls on European Union bodies, including the Committee of the Regions, through the Euro-Mediterranean Regional and Local Assembly (ARLEM), with which the Congress holds observer status, to contribute to the development of democracy in the regions of the southern Mediterranean, in particular by :
a. stepping up co-operation with municipalities and regions in the southern Mediterranean to determine the latter’s needs and transfer know-how on democratic governance and the management of local and regional authorities, in particular through training programmes for elected representatives and their staff and through study visits ;
b. developing initiatives and activities involving exchanges of experience, the promotion of local and regional implementation of public policies and the exerting of influence against the background of renegotiation of the European Union’s neighbourhood policy and the definition of a Mediterranean macro-region ;
c. devising ways of adapting decentralised co-operation to the various forms of local and regional implementation of public policies and fostering measures for backing up and supporting the national decentralisation policies of the countries of the southern Mediterranean ;
d. enabling local and regional authorities and their representatives from the southern Mediterranean to play a full part in renegotiating the European Union’s neighbourhood policy for 2014-2020;
e. fostering a European Neighbourhood Policy (ENP) modelled on European regional policy and the allocation of structural funds and, in this context, studying the possibility of drawing up and implementing local and regional development plans, based on the twinning model.
23rd SESSION
Strasbourg, 16-18 October 2012
Local and regional democracy in Azerbaijan
Recommendation 326 (2012)[2]
1. The Congress of Local and Regional Authorities of the Council of Europe refers to:
a. Article 2, paragraph 1.b.of Statutory Resolution CM/Res(2011)2 relating to the Congress of Local and Regional Authorities of the Council of Europe, which stipulates that one of the aims of the Congress is “to submit proposals to the Committee of Ministers in order to promote local and regional democracy”;
b. Article 2, paragraph 3, of Statutory Resolution CM/Res(2011)2 relating to the Congress of Local and Regional Authorities of the Council of Europe, which stipulates that “The Congress shall prepare on a regular basis country-by-country reports on the situation of local and regional democracy in all member states and in states which have applied to join the Council of Europe, and shall ensure, in particular, that the principles of the European Charter of Local Self-Government are implemented”;
c. Resolution 307 (2010) REV on Procedures for monitoring the obligations and commitments entered into by the Council of Europe member states in respect of their ratification of the European Charter of Local Self-Government;
d. Recommendation 219 (2007) on the status of capital cities, Recommendation 132 (2003) on municipal property in the light of the principles of the European Charter of Local Self-Government andResolution 299 (2010) of the Congress on Follow-up by the Congress of the Council of Europe Conference of Ministers responsible for Local and Regional Government (Utrecht, Netherlands, 16‑17 November 2009);
e. Previous texts on local and regional democracy in Azerbaijan – Recommendation 126 (2003) and Resolution 151 (2003).
2. The Congress underlines that:
a. Azerbaijan became a member of the Council of Europe on 25 January 2001. It signed the European Charter of Local Self-Government (ETS No.122, hereafter referred to as “the Charter”) on 21 December 2001 and ratified it on 15 April 2002. The Charter entered into force in respect of Azerbaijan on 1 August 2002;
b. Azerbaijan declared itself not to be bound by Articles 4(3), 7(2), 9(5), 9(6) and 10(3) of the Charter and formulated a declaration which reads as follows: “The Republic of Azerbaijan declares that it is unable to guarantee the application of the provisions of the Charter in the territories occupied by the Republic of Armenia until these territories are liberated from that occupation”;
c. Azerbaijan has not signed the Additional Protocol to the European Charter of Local Self-Government on the right to participate in the affairs of a local authority (CETS No. 207) nor Protocol No. 3 to the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities concerning Euroregional Co-operation Groupings (ECGs) (CETS
No. 206);
d. The Congress Monitoring Committee appointed Mr Jos WIENEN (The Netherlands, L, EPP/CD) and Mrs Gudrun MOSLER-TÖRNSTRÖM (Austria, R, SOC) as rapporteurs and instructed them to prepare and submit to the Congress a report on local and regional democracy in Azerbaijan;
e. The Congress would like to thank the Permanent Representation of Azerbaijan to the Council of Europe, the Azerbaijani authorities at central, regional and local level, the representatives of Azerbaijani NGOs specialised in local administration and all their interlocutors for their valuable cooperation during the different stages of the monitoring procedure and for the information provided to the delegation, which ensured the smooth conduct of the visit.
3. The Congress notes with satisfaction:
a. the creation in 2006 of three national associations of municipalities (villages, towns and cities) to represent municipal interests at national level;
b. the signature of the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities;
c. the signature on 10 February 2010 of the decree by the President of Azerbaijan authorising the application of the law of the Azerbaijan Republic on “State registry and provision of municipalities with proper certificates”, which provides that the State Land and Mapping Committee has to work out and submit maps of municipal lands to the body in charge of the state registry of municipalities by
1 January 2013.
4. The Congress deeply regrets that most of the recommendations addressed in 2003 to the national authorities have not been implemented; nor has a timeline been set to take them on board in the foreseeable future, making the following issues still and eminently relevant:
a. the insufficient and ambiguous definition of local-self-government[3] in the Law on the Status of Municipalities (Article 2 and 3 of the Charter);
b. the parallelism in the local self-governance system, which according to the Constitution is carried out by both local executive committees, which are state bodies, and municipalities which only have a very limited role (Articles 3 and 4);
c. the subordination, in practice, of municipalities to local executive committees which are part of the state administration (Articles 3 and 4);
d. the imprecise division of competences and responsibilities between municipalities and local executive committees (Article 4);
e. the weak financial potential of municipalities due to low-level state transfers provided to them and the ineffectiveness of the tax collection mechanisms available to municipalities (Article 9);
f. the lack of a procedure for consultation with municipalities and national associations of municipalities, in due time and in an appropriate way, in planning and decision-making for all matters which concern them directly (Article 4(6));
g. the gaps in the legislation governing the status and responsibilities of municipal servants on one hand, and their rights and obligations on the other (Article 6);
h. municipalities’ lack of property and the slowness of property transfers from the state to municipalities, in particular that of lands;
i. the lack of clarity of the Law on the Status of Municipalities, regarding the procedure of supervision of municipalities, and notably the local governments’ obligation provided by Article 146-IV of the Constitution, to report to the Parliament about their own operations (Article 8);
j. the lack of consultation on the part of central authorities with representatives of the three national associations of municipalities in the decision-making process in the field of local self-government, which do not have any active role in practice to represent municipal interests at national level, in the light of Article 4‑6 of the Charter;
k. the fact that the capital city of Azerbaijan is not governed by an integrated local government body such as a democratically elected council, but by an executive authority, accountable only to the president, with no democratic control;
l. the legislative gap on the status of Baku capital city, although it is foreseen by the law of the Azerbaijan Republic on “territorial structure and administrative territorial division”, namely by Article 5.9 thereof, which states that a law on Baku city must be adopted;
5. The Congress recommends that the Committee of Ministers invite the Azerbaijan authorities to:
a. review the law of the Republic of Azerbaijan on the status of municipalities with the aim of recognising municipalities as decentralised institutions exercising public power as part of the overall public administration;
b. reconsider substantially and clarify the division of tasks and powers between parallel structures of local public administration, transferring the most important local public competences to democratically and politically accountable municipalities;
c. put an end to the subordination, in practice, of municipalities to local state committees, in order to allow municipalities to regulate and manage a substantial share of public affairs under their own responsibility and in the interest of the local population;
d. allocate sustainable financial resources to municipalities, commensurate with their competences, and ensure that municipalities can freely dispose of their resources within the scope of their powers;
e. distribute state transfers and special grants in a transparent and predictable manner, taking the interests of local governments into consideration;
f. improve the efficiency of the tax collection mechanism in municipalities and actively co-operate with municipalities, in order to better ensure adequately qualified personnel to implement these procedures;
g. create appropriate procedures of consultation with municipalities represented by their national associations of municipalities, which take into account criteria of timeliness and appropriateness as provided by the Charter, in the planning and decision-making processes for all matters which concern them directly;
h. ensure a high level of transparency in local government mergers by determining the strategic objectives and goals of any further municipal integration and discussing them with the municipalities concerned as well as with their associations, prior to any change of local government administrative borders;
i. raise the effectiveness of measures to launch capacity-building and proper training programmes for members of municipal staff, in order to increase the quality of their daily administrative work;
j. provide all municipalities with administrative buildings as quickly as possible, and finalise the issuing of property documents, especially those in the capital, in the light of Recommendation 132 (2003) on municipal property and the principles of the Charter;
k. clarify the legislation and determine the exact role of the administrative authorities which are empowered to exercise legal supervision over municipalities, thereby eliminating the uncertainty in the current legislation which contradicts the Charter;
l. abolish the obligation on local governments to report to the Parliament about their own operations and limit the supervisory authority of central government to the control of lawfulness of municipal acts;
m. involve or strengthen the involvement of representatives of the three national associations of local authorities (villages, towns and cities) in the decision-making processes related to local government in order to give them the possibility to represent the interests of municipalities at national level;
n. consider providing a system of democratic election for the local government of Baku city;
o. establish a law for Baku city as required by Article 5.9 of the law of the Azerbaijan Republic on “territorial structure and administrative territorial division” in the light of Congress Recommendation 219 (2007) on the “Status of capital cities” and Recommendation 133(2003) on “Management of capital cities”;
6. The Congress invites the Committee of Ministers and the Parliamentary Assembly of the Council of Europe to take into consideration the present recommendation and the related Congress resolution on local and regional democracy in Azerbaijan, as well as the explanatory memorandum, in their own monitoring procedures and other activities related to this member state.
23rd SESSION
Strasbourg, 16-18 October 2012
Youth and democracy:
the changing face of youth political engagement
Recommendation 327 (2012)[4]
1. The youth unemployment rate has increased substantially since the start of the economic crisis in 2008 and in some Council of Europe countries this rate is currently over 50%. However, this is not the full picture as some young people who have left education do not even appear in labour market statistics, the so-called NEETs (neither in education nor in employment or training).
2. The longer young people are unemployed, the more difficult it becomes to gain a foothold in the job market. Young people are at serious risk of social exclusion and poverty.
3. In times of economic crisis, when job offers decline and qualification requirements remain high, access to the job market becomes increasingly difficult especially for young people who lack general or vocational education. Learning and knowledge, however, are not always recognised with formal certificates, this is the case with competences gained through non-formal education. The knowledge and skills acquired through non-formal learning are obviously important in the fight against youth unemployment, and must, as such, be recognised.
4. The changing demographic structure of European societies will result in youth becoming a minority in an ageing society, their influence within the democratic system will decrease, youth-related subjects and needs will lose weight in political debates and the decision-making process. This perceived political marginalisation could lead to political frustration and distrust among young people.
5. Young people’s political engagement is taking on new forms of civic citizenship and their participation is through the Internet, signing petitions or spontaneously attending demonstrations. These are forms of participation which are open and accessible to all young people, including those under the legal voting age, which in most European countries is 18.
6. Bearing in mind the above, the Congress recommends that the Committee of Ministers invite member states to:
a.strengthen the political influence and participation of young people through the offer of more citizenship rights, for example by investigating the possibility of lowering the voting age to 16 as proposed in Resolution 1826(2011) of the Parliamentary Assembly of the Council of Europe;
b.implement Resolution 1828(2011) of the Parliamentary Assembly of the Council of Europe on reversing the sharp decline in youth employment;
c.implement Resolution 1885(2012) of the Parliamentary Assembly of the Council of Europe on the young generation sacrificed: social, economic and political implications of the financial crisis;
d.promote the recognition of competences made in non-formal educational settings and venues as advocated in Committee of Ministers Recommendation Rec(2003)8 to member states on the promotion and recognition of non-formal education/learning of young people.
23rd SESSION
Strasbourg, 16-18 October 2012
The right of local authorities to be consulted by other levels of government
Recommendation 328 (2012)[5]
1. As laid down by Articles 4.6, 5 and 9.6 of the European Charter of Local Self Government (hereafter referred to as "the Charter"), to which 45 of the 47 Council of Europe member states are now parties, the right of local authorities to be consulted constitutes one of the core principles of local democracy.
2. Local authorities should therefore be consulted and shall have an active role in adopting the decisions on all matters that concern them – namely the implementation of policies or legislation directly affecting their legal status, tasks and functions and economic or financial situation – and in a manner and timing such that local authorities have a real opportunity to formulate and articulate their own views and proposals, in order to exercise influence on the decision-making process affecting them.
3. In the light of the Council of Europe Reference Framework for Regional Democracy, the Congress, which represents both local and regional authorities in member states, proposes that the same rights of consultation be applied at the regional level.
4. Most of the measures set out in Congress Recommendation 171(2005) on the consultation of local authorities are still relevant and still need to be implemented, namely to enshrine the right of consultation in law, to develop consultation into negotiation, to recognise associations as partners in the consultation process, to set up permanent consultation bodies, to systematically consult on important issues and to evaluate the effectiveness of those consultations.
5. The Congress therefore, refers to the above-mentioned provisions of the Charter, Congress Recommendation 171(2005) on consultation of local authorities and the Council of Europe Reference Framework for Regional Democracy, and recommends that, with regard to consultation of local and regional authorities by other levels of government on issues that concern them, the Committee of Ministers invite member States to ensure that:
a. all member states implement, at national, regional and local levels and, if necessary, elaborate or revise, consultation processes that are clearly defined and transparent, preferably enshrined in law, otherwise in written agreements, in line with the criteria laid down in the relevant provisions of the Charter, specifying the format of such consultations, the level of participation of representatives of local and regional authorities, the time-frame for consultations and covering all matters of interest for local and regional authorities;
b. consultation of local and regional authorities be a required part of policy-making and the legislative process, to enable them to express their interests and opinions in time for these to be taken into account in policy and legislative formulation;
c. it be made clear that all government ministries which formulate policies that have implications for local and regional government are obliged to consult with representatives of the authorities concerned;
d. consultations are conducted in written form and also in person, with other levels of government making clear the participatory rights of local and regional representatives in the consultation process and the form of national and, where applicable, regional level representation in the consultation process also being clearly specified;
e. central and regional authorities provide proper clear and detailed information, in writing, about proposed policies, well before the consultations are due to take place, in order for those consulted to be well informed about the motives and objectives of each planned decision or policy;
f. strategically important decisions are based on careful analysis on the implications for self-governance as well as on the economic consequences for the local and regional level;
g. local and regional government expertise is involved in the process of drafting policies and legislation at an early stage, for example by participating in working groups to prepare new legislation;
h. local and regional authorities have a clearly defined right to petition if they believe that necessary consultations have not been properly conducted, and a right to redress if it is established that procedures were not properly followed;
i. consultations are regular and systematic, with the different possible forms of consultation (as mentioned in d. above), and the contexts in which they are used, being clearly specified;
j. Member states which have not yet committed to implementing the relevant articles of the Charter, review their commitments with a view to extending their implementation of the Charter to cover all the articles concerning consultation;
k. the results of consultation exercises are made clear, namely through a detailed written explanation of the reasons for not retaining any proposals made, and published;
l. where national associations of regional authorities still do not exist, the creation of such associations be encouraged and stimulated, in order to provide national and, where applicable, regional authorities with appropriate representatives at local and regional level for the consultation processes.
23rd SESSION
Strasbourg, 16-18 October 2012
Local democracy in “the former Yugoslav Republic of Macedonia”
Recommendation 329 (2012)[6]
1. The Congress of Local and Regional Authorities of the Council of Europe refers to:
a. Article 2, paragraph 1.b of Statutory Resolution (2011)2 relating to the Congress, which provides that one of the aims of the Congress shall be “to submit proposals to the Committee of Ministers in order to promote local and regional democracy”;
b. Article 2, paragraph 3 of Statutory Resolution (2011)2 relating to the Congress, stipulating that “The Congress shall prepare on a regular basis country-by-country reports on the situation of local and regional democracy in all member states and in states which have applied to join the Council of Europe, and shall ensure, in particular, that the principles of the European Charter of Local Self-Government are implemented’’;
c. Congress Resolution 299 (2010), which provides that the Congress will use the Council of Europe Reference Framework for Regional Democracy in its monitoring activities, as well as the reply given by the Committee of Ministers to Congress Recommendation 282(2010) [CM/Cong(2011)Rec282final] encouraging the governments of member states to take account of the aforementioned Reference Framework in their policies and reforms;
d. the explanatory memorandum on local democracy in “the Former Yugoslav Republic of Macedonia” drawn up by the Rapporteurs, Mr Ian Micallef[7] (Malta, L, EPP/CD) and Ms Andrée Buchmann (France, R, SOC), following a monitoring visit to “the Former Yugoslav Republic of Macedonia” from 5 to 7 December 2011. In their work, the Rapporteurs were assisted by Jens Woelk, consultant, who is a member of the Group of Independent Experts on the European Charter of Local Self-Government, and by the secretariat of the Congress.
2. The Congress notes that:
a. “the Former Yugoslav Republic of Macedonia” signed the European Charter of Local Self‑Government on 14 June 1996 and ratified it on 6 June 1997 without making any declarations upon the deposit of the instrument of ratification. The Charter entered into force on 1 October 1997;
b. “the Former Yugoslav Republic of Macedonia” has not signed the Additional Protocol to the European Charter of Local Self-Government on the right to participate in the affairs of a local authority;
c. the Monitoring Committee decided on 23 March 2011 to carry out the second monitoring of the state of local and regional self-government in “the Former Yugoslav Republic of Macedonia” and its compliance with the European Charter of Local Self-Government. It instructed Ian Micallef and Andrée Buchmann to prepare and submit to the Congress, as Rapporteurs, the report on local democracy in this country;
d. the Congress delegation carried out a monitoring visit to from 5 to 7 December 2011 visiting Skopje, Strumica and Zhelino;
3. The Congress wishes to thank the Permanent Representation of “the Former Yugoslav Republic of Macedonia” to the Council of Europe and the Macedonian authorities at central, regional and local levels, the Association of the Units of Local Self-Government (ZELS), experts as well as other interlocutors for their valuable cooperation at different stages of the monitoring procedure and the information conveyed to the delegation.
4. The Congress notes with satisfaction that:
a. the measures taken since Recommendation 217 (2007) of the Congress represent further improvement and marked progress towards local democracy;
b. consultation of local authorities by the State in matters concerning local self-government is in line with the requirements of Article 4 para. 6 of the Charter, given that it is guaranteed by law and the parliamentary local government committee is involved in the legislative procedure;
c. the role of ZELS in consultation and cooperation between local authorities and the central government has been enshrined in Article 81 of the Law on Local Self-Government as well as by a memorandum of understanding with the Ministry of Local Self-Government on cooperation in the context of decentralisation;
d. a reasonable policy to strengthen municipalities’ financial resources gradually, with proper monitoring and audit procedures, has been adopted and transparency regarding municipalities’ tax resources and allocations from central government appear to have improved, including requirements for municipal borrowing;
e. several promising steps have been taken in the right direction to ensure a more equitable distribution of revenues, including the application of the new formula for a “guaranteed minimum-income” for municipalities and the establishment of a committee (in which mayors and ZELS participate) to monitor the redistribution among and allocation of financial resources to local authorities;
f. a new Balanced Regional Development policy has been adopted for better coordination of regional policy and that the involvement of municipalities is guaranteed by the regional institutions and the mechanisms of participation between central government and regions’ municipalities;
g. the signature of the Additional Protocol to the European Charter of Local Self-Government on the right to participate in the affairs of a local authority (CETS No. 207) as well as the Convention on the Participation of Foreigners in Public Life at Local Level (ETS No. 144), are on the agenda of the Government for 2012.
5. The Congress nevertheless expresses its concerns that:
a. although municipalities are assigned powers of their own, these are supplemented by an array of tasks transferred in the decentralisation process, creating areas where local and central responsibilities overlap and are co-financed, bearing the risk of continuous central influence;
b. the ambiguity in law regarding the competences, already noted in the previous recommendation, has not been resolved and while the Law on Local Self-Government formally gives local authorities great powers and responsibilities, numerous special laws set out detailed rules interfering with the former;
c. municipalities still depend very strongly on government grants, have little discretion with regard to local taxes and the proportion of own-source taxes in their revenues remains comparatively low;
d. there are great wealth and development disparities between municipalities;
e. the property transfer of land to local authorities in order to allow them to pursue a municipal development policy has still not been undertaken;
f. municipalities are subject to supervision by different central authorities alongside the State Inspectorate, which raises the risk of going beyond the supervision of lawfulness;
g. there are no procedures in place for measures against mayors with serious incapacity or who are in violation of their obligations;
h. the distinction between the competences of the City of Skopje as capital city and as local authority dealing with 10 sub-entities are not sufficiently clear, although the city is subject to special regulations (Law on the City of Skopje);
i. the instruments of direct and public participation of citizens at local level are not frequently used in practice;
j. the participation of women in local political life remains low;
k. the consultation with the Ombudsman’s office in the legislative procedure is still not regular and has been very limited since the last elections, while local authorities continue to be among the least responsive authorities to the Ombudsman’s instructions and recommendations.
6. In the light of the above, the Congress requests the Committee of Ministers to invite the authorities of “the Former Yugoslav Republic of Macedonia” to:
a. consolidate and finalise the decentralisation process, which is one of gradual transfer of competences, clarifying and consolidating the text of the Law on Local Self-Government so that it remains the reference text on these issues ;
b. enhance the portfolio of the Ministry of Local Self-Government as the main actor in the decentralisation process, giving it a prominent coordination and oversight function in the process;
c. take into account the diverging interests of urban and rural municipalities and develop distinct strategies for them in order to reduce the great wealth and development disparities between these municipalities;
d. adopt clear legislation on equalisation in order to provide transparent guidelines for equalisation procedures to be implemented between local authorities, in the light of Article 9 para. 5 of the Charter and also taking inspiration from the guidelines provided by the above-mentioned Reference Framework for Regional Democracy;
e. establish the legal framework and procedures to increase the proportion of own-source taxes as well as the share of VAT and income tax in local budget revenues, and reduce state grants correspondingly, ensuring that the latter do not impinge on local government fiscal autonomy;
f. as regards consultation, draw up a law establishing the procedure, in light of Article 5 of the Charter, for consultation of local authorities through their associations on the modalities of modification of local authority boundaries, and to strengthen the existing procedure on consultation on the way in which redistributed resources are to be allocated to them as foreseen by Article 9 para. 6 of the Charter, including the Government investments in their localities;
g. envisage the property transfer of land to local authorities, in order to increase their autonomy and improve their financial situation;
h. strengthen the administrative capacity of municipalities both at central and local level, particularly in the areas of financial control, strategic planning, human resources management and economic development;
i. draw up a law which would establish clearly the sanctions, and their implementation, against mayors with serious incapacity or who are in violation of their obligations;
j. clarify the competences and distinguish between the functions of the capital city of Skopje as capital city on the one hand, and as a local authority dealing with 10 sub-entities on the other hand;
k. raise public awareness of citizen participation and civil society involvement in local political life and take the necessary measures in this respect;
l. promote the participation of women in local political life by introducing an electoral system favouring gender parity (for example through close lists with a zipper system) and facilitating the access of women to local political life in light of Congress Recommendation 273 (2009) on Equal Access to Local and Regional Elections;
m. promote the office of the Ombudsman and its role vis-à-vis the local authorities;
n. and finally, sign and ratify the Additional Protocol to the European Charter of Local Self-Government on the right to participate in the affairs of a local authority (CETS No. 207) as well as the Convention on the Participation of Foreigners in Public Life at Local Level (ETS No. 144), given that the provisions of the first are already part of the legislation, and that an impact analysis and an action plan for the signature of both is on the Government’s agenda for 2012.
23rd SESSION
Strasbourg,16–18 October 2012
Local elections in Serbia (6 May 2012)
1. The Congress of Local and Regional Authorities of the Council of Europe refers to:
a. the Statutory Resolution relating to the Congress of Local and Regional Authorities of the Council of Europe, adopted by the Committee of Ministers of the Council of Europe on 19 January 2011, and, in particular, its Article 2 paragraph 4 on the Congress’s role in the observation of local and regional elections;
b. the principles laid down in the European Charter of Local Self-Government (ECLSG) which was ratified by Serbia on 6 September 2007.
2. The Congress points to the importance of genuinely democratic elections and to its specific mandate and role in the observation of local and regional elections in Council of Europe member States.
3. It stresses that Congress’s election observation missions are carried out only upon invitation by the countries concerned. Similar to the monitoring process of the European Charter of Local Self-Government, election observation missions are conceived as co-operation activities.
4. The Congress notes with satisfaction that:
a. the local elections of 6 May 2012 were conducted in an overall calm and orderly manner; the second round of local elections in a number of polling stations (cf. appendix V) were not observed by the Congress (Presidential and Parliamentary elections held on the same day were observed by the Parliamentary Assembly of the Council of Europe);
b. the legal framework and the electoral administration system were improved, and following recommendations made by the Congress in 2008, mandates are now allocated in the order in which candidates appear on the candidates lists and the so-called blank resignations of candidates have been abolished which helps to better identify local leadership;
c. a new electronic data base, managed by the Ministry for Local Self-Government, was used allowing voters to verify – in one comprehensive list - their inclusion in the electoral registers; there was also a new Law on the Unified Voters Register adopted in 2011;
d. a new Anti-corruption Agency has been created by the authorities in order to control and supervise the political entities in respect of their sources of financing; there was also a new Law on Financing Political Activities adopted in 2011.
5. The Congress points out that the concurrent conduct of three elections – at presidential, parliamentary and regional/local level – on one day led to local elections being largely overshadowed by the national vote and also to organisational challenges for the election administration, particularly in polling stations with more than 3 or 4 elections/ballots.
6. It states that the equipment at polling stations has challenged the secrecy of the vote and the practice of including all interested parties in the local Polling Boards has created cumbersome procedures and worsened the situation of limited space available in most of the polling stations.
7. The Congress regrets to note that the transparency in media ownership and unclear financing of media remain a matter of concern in Serbia. The same is true for maintenance of safe working conditions for journalists, in particular in the context of local journalism.
8. The Congress expresses concern that:
a. due to measures taken by the Serbian authorities to cope with the present global financial crisis, transfers made to local governments from the national budget have been significantly reduced; coupled with the fact that also all other sources of local authority revenue are severely diminished, this constitutes a threat for the ability of local authorities to effectively accomplish their tasks;
b. in the present economic climate minority groups, for example Roma, are particularly vulnerable to electoral malpractices such as controlled voting and vote-buying.
9. Taking into account the previous comments, the Congress invites the Serbian authorities to take all necessary steps:
a. to revise the practice of including all interested parties in the local Polling Boards and consider, instead, introducing a system of accredited domestic observers;
b. to refine the newly introduced single unified voters’ register, in particular to remedy inconsistencies in voters’ lists in the southern part of the country;
c. to increase transparency in party and media financing and ensure the enforcement of anti-corruption measures, not least by the newly formed Anti-corruption Agency;
d. to address the issue of infringement of the secrecy of the vote, due to the equipment at polling stations, and use in future proper polling booths instead of cardboard separations at tables.
10. Furthermore, the Congress encourages the Serbian authorities to progress local self-government reforms and develop decentralisation also in other local administrative units than the Autonomous Province of Vojvodina, taking inspiration from the principles set out in the Reference Framework of Regional Democracy.
11. Being aware of the financial implications of election administration, the Congress suggests to organise local and Presidential/Parliamentary elections in future on separate dates in order to avoid the predominance of the national vote.
23rd SESSION
Strasbourg, 16-18 October 2012
The governance of macro-regions in Europe
Recommendation 331 (2012)[9]
1. A macro-region is a grouping of subnational entities (local and regional authorities) – it is a territory covering a number of different countries or regions associated with one or more common features or challenges – which come together to cooperate on common issues. The Congress believes that such cooperation can provide added value in terms of social and territorial cohesion and democratic stability.
2. The potential benefits are many. Economies of scale make it easier for public authorities to carry out their tasks effectively, improve public services and thereby improve the quality of the lives of citizens. Macro-regions can raise the level of social and economic development, creating more opportunities for citizens in terms of employment and culture, improving creativity and productivity, as well as improving neighbourly relations and understanding between peoples. They can also be very useful in tackling common challenges, such as the protection of the environment.
3. Recognition of the benefits of regions cooperating together and the resulting removal of barriers has long been a core element of the European project. A key provision of both the European Charter of Local Self-Government and the Reference Framework for Regional Democracy is the right of territorial authorities to associate and to cooperate with other such authorities in other countries in matters within their competences and within the framework of the law.
4. The European Union (EU) is an increasingly important player in such cooperation. The progressive enlargement of the EU and the European Neighbourhood Policy have increased the number of Council of Europe member states which may benefit from EU structural funds, while at the same time highlighting the need to improve territorial cohesion between EU and non-EU member states within the wider European area.
5. Experience shows that many obstacles need to be overcome before the political intentions and commitment to improve macro-regional cooperation can be translated into concrete results. Projects need to be realistic in scope, result-oriented and practical, respecting the realities on the ground. By focusing on sector-specific cooperation, with moderate goals, cooperation can more easily proceed and avoid stalemates resulting from tensions between governments at national level.
6. Many obstacles to such cooperation are of a legal nature and stem from issues that are addressed in the 3rd Protocol of the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities (Madrid Convention, ETS 106). The entry into force of this Protocol in the near future should therefore be a priority for the local and regional democracy agenda of the Council of Europe.
7. The Congress therefore, reaffirming the importance of the Madrid Convention and its protocols, referring also to:
a. Article 10 of the European Charter of Local Self-Government on the right to associate;
b. The Reference Framework for Regional Democracy;
c. Recommendation Rec(2005)2 of the Committee of Ministers on good practices in and reducing obstacles to transfrontier and interterritorial cooperation between territorial communities or authorities.
8. Recommends that the Committee of Ministers invite those member states which have not yet done so to sign and ratify the Madrid Convention and its Protocols and transpose them into their national legislation.
9. Recommends that the Committee of Ministers invite member states to:
a. promote the conclusion of multilateral agreements and arrangements, as foreseen in Article 1 of the Madrid Convention, and provide financial instruments conducive to the setting up of macro-regional co-operation projects;
b. support the development of macro-regions as successful platforms for inter-regional and transfrontier co-operation;
c. provide national part-funding for macro-regional cooperation projects in order to stimulate these projects;
10. Invites the Committee of Ministers to:
a. include, in its intergovernmental programme of activities, consideration of how obstacles to inter-regional, transfrontier and macro-regional cooperation can be overcome and how such cooperation can contribute to achieving its goal to promote democracy, with an emphasis on its local and regional aspects;
b. support exchanges between experts and exchange of advice among macro-regional representatives and experts, through seminars, coordination meetings and by establishing contact groups in order to learn from best practices, working in partnership to achieve greater impact and to use the existing resources of the Council of Europe more effectively.
23rd SESSION
Strasbourg, 16-18 October 2012
Regional legislation and action to combat
sexual exploitation and abuse of children
Recommendation 332 (2012)[10]
1. The main international legal instruments to protect children’s rights are the United Nations Convention on the Rights of the Child (United Nations, 1989) and the Optional Protocol on the sale of children, child prostitution and child pornography (2002). They protect children from all forms of sexual exploitation and abuse, abduction, sale and trafficking, any other form of exploitation and from cruel or inhuman treatment.
2. Among the Council of Europe’s legal instruments, the European Social Charter (ETS 035, revised in 1996), the Convention on Cybercrime (ETS 185) and the Convention on Action against Trafficking in Human Beings (CETS 197) give special attention to protecting children and young persons against violence or exploitation.
3. The Council of Europe has been fighting sexual violence and abuse against children for more than 15 years and, based on the conclusions of the Committee of Experts on the Protection of Children against Sexual Exploitation and Sexual Abuse (PC-ES), opened up for signature in 2007 the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse, or Lanzarote Convention as it is also known.
4. The Lanzarote Convention is the first international instrument to cover all the various forms of sexual abuse of children as criminal offences, including such abuse committed in the home or family, with the use of force, coercion or threats. It outlines various preventive measures, as well as programmes which support victims, encourage people to report suspected sexual exploitation and abuse, and set up telephone and internet helplines for children. The Convention also ensures that certain types of conduct are classified as criminal offences such as engaging in sexual activities with a child below the legal age, child prostitution and pornography, and criminalises the use of new technologies – the Internet in particular – to sexually harm or abuse children, for example by "grooming”.
5. The Congress welcomes the adoption by the Council of Europe of its Strategy for the Rights of the Child 2012‑2015 and in this context:
a. recommends that the Committee of Ministers invite member states to implement fully the Strategy, to actively support the Council of Europe ONE in FIVE Campaign to stop sexual violence against children, and to sign and ratify the Lanzarote Convention as soon as possible;
b. recommends also that the Committee of Ministers invite member states to support regional action and measures to prevent and deal with the sexual abuse of children;
c. echoes the Committee of Ministers’ call to member states to take into account the Guidelines that appear in the appendix to Recommendation CM/Rec(2011)12 to member states on children’s rights and social services friendly to children and families;
d. reiterates its request to the Committee of Ministers to implement its proposals in Recommendation 272 (2009) “on preventing violence against children”.
23rd SESSION
Strasbourg, 16-18 October 2012
Second-tier local authorities – intermediate governance
in Europe
Recommendation 333 (2012)[11]
1. Intermediate or second-tier local authorities have a well-established, and often very varied, role in many member states of the Council of Europe, where they provide an important level of accountability and constitute an integral part of the national structure of political representation and territorial organisation. Even with key differences between the countries, they have in general important functions and responsibilities, achieving economies of scale and thereby increasing the efficiency of public service provision and delivering services which may not be possible for municipalities.
2. It can thus be stated that, in a high proportion of Council of Europe member states, a number of central functions relating to the environment, economic development, transport and schools are entrusted to intermediate local authorities. For these functions those authorities have resources of their own which, in the name of fiscal autonomy, come from taxes.
3. An important aspect of local territorial organisation and of the fundamental principles of subsidiarity and accountability are the taking of decisions and the delivery of services at the level closest to the citizen.
4. The size and the varied institutional set-up at sub-national level of Council of Europe member states can provide a strong rationale for the existence of several tiers of government in some states, notably those with a tradition of federalism and those covering a larger geographical area.
5. However, over the past twenty years, there has been a tendency for both local and regional levels to gain powers at the expense of the intermediate level.
6. Where central authorities undertake local government reorganisation, care must be taken to respect the principles and standards of democracy and subsidiarity. Any new territorial organisation must be preceded by a broad discussion with all levels of governance.
7. The European Charter of Local Self-Government (hereafter referred to as "the Charter") makes it clear that local authorities have a right to be consulted about any policy changes that directly concern them and refers specifically in this respect to boundary changes, which are often linked to changes to local government structures.
8. The Congress is concerned that some governments are taking advantage of the current economic crisis to reorganise their territorial architecture with hasty reforms without broad prior consultation and dialogue, with the risk of creatinglasting damage to local and regional government and local democracy. Reforms that substantially reduce the number of elected representatives at subnational level as well as increasing the distance between decision-making centres and local populations can have a negative impact on trust in local governance. All the more so if – as might be proposed, in Italy in particular –members are no longer elected by direct ballot, but in an indirect election.
9. Territorial reforms need to be carefully thought out and to respect the principles of local democracy, with clear allocation of tasks and responsibilities and concomitant financing. When changes are made to the institutional architecture, care has to be taken that resources are properly reallocated and that tasks and services are not left underfunded.
10. The Congress welcomes the efforts of the European Confederation of Local Intermediate Authorities (CEPLI) to defend the intermediate level of governance in countries where it is called into question.
11. The Congress also notes the stance taken by the Latin Arch Association which, by adopting the Salerno Manifesto at its General Assembly held in Ravello-Salerno on 16 March 2012, called for a renewed role for intermediate local governments in Europe and expressed the wish that any process of reforming or renewing the institutional architecture guarantee the role of intermediate local authorities as key players in good local governance.
12. The Congress therefore, referring to the Charter and the Reference Framework for Regional Democracy, recommends that the Committee of Ministers invite member states to ensure that:
a. when territorial reorganisation is envisaged, the principles of multi-level governance are respected, notably that the division of responsibilities between different levels of government ensures maximum efficiency in meeting the needs of citizens;
b. proposed changes to the number of tiers of government are reviewed in the light of the principle of subsidiarity;
c. any territorial reorganisation is carried out in a careful and managed way, with proper planning and due respect for the Charter, notably with regard to the provisions on the need to consult local authorities on all matters which concern them directly and to ensure that the competences of subnational authorities are commensurate with their financial resources;
d. reforms are implemented with minimum disruption to public services but lead to clear identification of the functions entrusted to the different levels of territorial governance, and, with a view to curbing costs, preference is given to rationalising those bodies which – in their areas – exercise similar functions.
e. these reforms are carried out organically and that - while revising territorial boundaries - the democratic nature of these authorities and the direct election of their governing organs by citizens are reiterated.
23rd SESSION
Strasbourg, 16-18 October2012
Verification of new members’ credentials and new appointment procedures
Resolution 340 (2012)[12]
1. The Congress refers to the following new provisions which enter into force for this session in which delegations are to be renewed, in accordance with its Charter and Rules of Procedure:
a. delegations are appointed to the Congress for a four-year term of office. In compliance with Article 3.3 of the Congress’s Statutory Resolution, only those members who have lost their national mandate, wishing to resign or who have died can be withdrawn from the delegation before the end of this term of office, even if local or regional elections take place following the renewal session;
b. each Congress member must, by signing a declaration of principle, accept the principles of the rule of law, human rights and fundamental freedoms;
c. the Congress’s Rules of Procedure lay down a minimum 30% threshold for the representation of the under-represented sex among both representatives and substitutes;
d. the number of vacant seats must not exceed a third of the total number of delegates present (representatives and substitutes) to which the member state in question is entitled;
e. where a member state intends to send to the Congress delegates who do not have a general mandate in a local or regional authority resulting from a direct election but who are politically accountable to a directly elected assembly, it must formally specify the conditions of dismissal of the delegates concerned.
2. The Congress further reiterates:
a. the desire expressed in Resolution 170 (2004) on the verification of credentials of new members and new appointment procedures for elected representatives of the Turkish Cypriot community to be included in the Cypriot delegation, and decides, in the meantime, to continue to invite two representatives of the Turkish Cypriot Community to take part in sessions and Statutory Forum meetings, in accordance with the practice already established, as well as possibly attending meetings of the Congress’s committees for specific items;
b. that national delegations of countries without regions may appoint, if they so wish, only substitutes to the Chamber of Regions, and draws the attention of those countries to the new provision in Rule 4.2 of the Rules of Procedure which enables their substitutes, under certain conditions, to vote in the Chamber of Local Authorities, even if they are members of the Chamber of Regions;
c. that the national authorities, in the spirit of the Congress Charter, must resort only in exceptional circumstances to the deferral period of six months during which members who no longer hold a local or regional authority mandate may remain a member of the delegation.
3. The Congress wishes, in addition, to draw attention to certain questions raised during the verification of credentials:
a. certain countries have found it difficult to provide the results of the latest local or regional elections. In order to uphold the principle of political pluralism, each delegation must reflect the political landscape of the country or the various political forces in the statutory bodies of the local and regional authorities in the member state. The Congress reminds the national authorities that each proposed delegation must be relevant information on the distribution of the political forces in the country;
b. the Bureau of the Congress has noted problems regarding consultation in the appointment of the Turkish delegation. A member who had been proposed to replace Leila Güven, a representative of the BDP (Peace and Democracy Party) who is currently detained and who has been dismissed from her post as mayor, had not accepted this appointment. The Bureau suggests that this seat be left vacant, the remainder of the delegation be accepted and the situation be re-examined after the session;
4. The Congress approves the credentials of the members of the national delegations with the exception of those of Serbia and the Slovak Republic.
23rd SESSION
Strasbourg, 16-18 October2012
Priorities of the Congress 2013-2016
Resolution 341 (2012)[13]
The Congress of Local and Regional Authorities:
1. Is the assembly of local and regional authorities of the Council of Europe and helps to ensure the participation of local communities, their elected officials and citizens in achieving a Europe which respects democracy, the rule of law and human rights;
2. Has been reforming its political and administrative structures and its functioning which has enabled the strengthening of cooperation with the various institutional partners and dialogue with the Member States;
3. Has implemented its 2011-2012 priorities as part of its statutory functions, based on the European Charter of Local Self-Government and the Reference Framework for Regional Democracy, in line with the new priorities of the Council of Europe;
4. Defines its new priorities and the outline of its activities at each renewal session of the Congress;
5. Having considered the appended project on priorities for 2013-2016, fully endorses the general orientations on:
- raising the quality of local and regional democracy and governance, human rights and the rule of
law in Council of Europe Member States,
- helping local authorities to rise to the new challenges resulting from the economic and financial
crisis,
- developing cooperation and partnerships;
6. Adopts therefore the priorities and instructs its Bureau to implement them.
23rd SESSION
Strasbourg, 16-18 October 2012
The changes underway in the Arab countries –
opportunities for local and regional democracy
Resolution 342 (2012)[14]
1. The changes in the countries of the southern Mediterranean, in particular Tunisia and Morocco, resulting from the Arab Spring open up great prospects for democratic development at local and regional level. These countries’ authorities and societies have a historic opportunity to seize and the Congress of Local and Regional Authorities must contribute to this process in the context of the Council of Europe’s policy towards neighbouring regions.
2. With regard to Tunisia, the Congress of Local and Regional Authorities:
a. welcomes the democratic changes, in particular the free elections held in October 2011 to form the Constituent National Assembly tasked with drafting a new constitution and establishing an interim government, but notes the dismissal of mayors, the dissolution of municipal councils and the transfer of responsibility for local governance to “special commissions” ;
b. hopes that the new constitution will include the democratic principles of local self-government and that the local elections due in 2013 will be conducted in accordance with the principles of local democracy and see strong citizen participation and involvement ;
c. welcomes the authorities’ commitment to consider no longer favouring coastal areas over areas in the interior by reversing the traditional breakdown of government investment of 70 %/30 %. It hopes that this process goes hand in hand with strengthening of local authorities, their powers and their financial autonomy so as to ensure integrated development.
3. With regard to Morocco, the Congress of Local and Regional Authorities also welcomes the reform process started by King Mohammed VI in January 2010 and set out in the “reform package”, including the report on advanced regionalisation, following the protests in March 2011. It welcomes the revision of the constitution and the draft organic law intended to provide the basis for reorganisation of local and regional government. The Congress hopes that this will be based on the democratic principles of local self‑government and application of the principle of subsidiarity and that the forthcoming local and regional elections are conducted in accordance with the principles of local and regional democracy and see strong citizen participation and involvement.
4. In general, the Congress believes that the main challenges in terms of local and regional democracy in Tunisia and Morocco are as follows:
a. the establishment of a legislative framework based on democratic principles, norms and standards ;
b. the ending of the practice of supervision of local and regional authorities and an increase in their powers and their financial autonomy, combined with the transfer of resources corresponding to those powers ;
c. the training of local and regional elected representatives and their staff ;
d. the transfer of experience in terms of administrative practices in the management of local and regional authorities and good governance ;
e. the adoption of the measures needed to bring about the participation of citizens, in particular women and young people, at local and regional level.
5. The Congress welcomes the drawing up by the Council of Europe of 2012-2014 priorities for Morocco and Tunisia under its neighbourhood co-operation, which will receive European Union support. It is pleased to be involved in these priority actions and undertakes to play its part in the co-operation with the Southern Mediterranean to the full.
6. In the context of the Council of Europe’s policy towards neighbouring regions, the Congress therefore calls on its own bodies to:
a. consider how decentralised co-operation can be used for supporting decentralisation policies and for strengthening local and regional governance to ensure effective service delivery ;
b. establish co-operation with the ministries responsible for local and regional authorities and other relevant government bodies to promote the democratic principles of local and regional self-government in administrative practices, in particular concerning the transfer of powers and financial resources at local and regional level, as well as participation and empowerment of women in access to elected office and participation by citizens, notably women and young people; co-operation should also be established with the professional associations working in the fields of promoting democracy, citizenship, local development, young people and employment ;
c. offer its know-how in the observation of local and regional elections, in particular the forthcoming local, provincial and regional elections in Morocco (in 2012) and the forthcoming local elections in Tunisia (probably in 2013);
d. offer, in cooperation with the Venice Commission, its know-how and experience in the preparation and organisation of elections, to enable the forthcoming local and regional elections in both countries to take place in the best possible conditions;
e. invite municipalities in the two countries to take part in the European Local Democracy Week co-ordinated by the Congress ;
f. develop co-operation with associations of local and regional authorities, in particular the Assembly of European Regions (AER) in this area through joint initiatives aimed, in particular, at exchanges of experience for elected representatives ;
g. develop and expand co-operation with the associations of local and regional authorities in Morocco and Tunisia to assess the needs of municipalities and encourage them to become involved in the Congress’ work, in particular by offering a special status with the Congress to a delegation of elected local and regional representatives from each country ;
h. co-operate with the relevant bodies to raise awareness among local and regional authorities, governments and national parliaments about existing Council of Europe instruments on local and regional democracy, notably the European Charter of Local Self-Government and the additional protocol on democratic participation, the Reference Framework for Regional Democracy, the Code of conduct for the political integrity of local and regional elected representatives, the Charter on the Participation of Young People in Local and Regional Life, the Charter for Regional or Minority Languages and the Charter on Education for Democratic Citizenship and Human Rights Education,[15] in particular by holding round tables and seminars, etc ;
i. encourage the creation and continuation of partnerships and capacity development programmes and City Diplomacy activities by European towns and their associations with their Tunisian and Moroccan counterparts, which focus on the strengthening of local and regional governments to improve service delivery to citizens and make it more effective ;
j. in the context of these activities, promote education for democratic citizenship and human rights education at local and regional level and raise awareness among local and regional elected representatives and their staff of the importance of such education ;
k. promote, in co-operation with local and regional authorities in the southern Mediterranean, action in the above-mentioned areas through existing co-operation platforms and networks such as the Council of Europe’s North-South Centre, the Euro-Arab Cities Forum, COPPEM, the Arab Towns Organisation (ATO) and the EU Committee of the Regions’ Euro-Mediterranean Regional and Local Assembly (ARLEM), with which the Congress has observer status, as well as United Cities and Local Governments (UCLG);
l. share its experience of transfrontier cooperation with the local and regional authorities of border areas in Tunisia and Morocco, in order to assist these authorities in realising the benefits of such cooperation;
m. offer the experience and know-how of the Congress for the finalisation by the Moroccan Parliament of the draft law on advanced regionalisation, before its adoption;
n. offer the experience and know-how of the Congress to the Tunisian National Constituent Assembly’s Committee Responsible for Local Government to ensure that local democracy is properly defined in the new constitution.
7. The Congress calls on its members to pursue these objectives.
8. As local and regional authorities in European countries have great experience and a whole range of best practices in the areas of local and regional governance, citizen participation and sustainable urban development, they are able to offer their counterparts in Tunisia and Morocco technical know-how and institutional support.
9. To this end, the Congress calls on European local and regional authorities to:
a. establish co-operation with their counterparts in the southern Mediterranean to determine the latter’s needs and offer know-how on democratic governance and the management of local and regional authorities, in particular through twinning schemes and study visits and training programmes ;
b. step up decentralised co-operation with Tunisian and Moroccan local and regional authorities through the existing European and international networks of local authorities mentioned above which have already launched Euro-Mediterranean projects and give impetus to the partnerships.
23rd SESSION
Strasbourg, 16 October 2012
Policy of the Council of Europe towards neighbouring regions: the role of the Congress
Resolution 343 (2012)[16]
1. The events which have taken place in the southern Mediterranean, Central Asia and the Middle East were triggered by a strong popular desire for democracy and change, and have led to radical processes of opening up and democratisation, which are still ongoing.
2. In the light of this situation and the dynamics it has set in motion, the Council of Europe has decided to step up its relations with some of these countries with a view, firstly, to enabling them to benefit from the experience acquired by the Organisation during the democratic transition in central and eastern Europe after 1989 and, secondly, to developing dialogue and productive partnership with the countries in those regions which wish to develop democracy at all levels, establish the primacy of law and ensure respect for human rights.
3. The Congress welcomes this approach and is willing to give fresh impetus to the cooperation it has already forged in the past with some countries in the southern Mediterranean.
4. It is convinced that the establishing of genuine local and regional democracy is a vital precondition for guaranteeing pluralist democracy based on respect for human rights and the rule of law throughout the countries in question.
5. The Congress welcomes the moves by the Secretary General of the Council of Europe to propose bilateral cooperation programmes with neighbouring regions and welcomes being fully involved in the preparation and future implementation of practical activities.
6. It also notes with satisfaction that some of these countries have acceded – or are preparing to accede – to Council of Europe conventions and partial agreements.
7. In its capacity as a territorial political assembly made up of local and regional elected representatives from the Council of Europe’s 47 member countries, the Congress considers that it can enable its new partners to benefit from its achievements, instruments and experience and, that it thus constitutes a forum for encounters and exchange that will be particularly valuable not only for the countries of the southern Mediterranean, Central Asia and the Middle East but for itself.
8. It is also convinced that reinforcing our exchanges and working relations with local and/or regional elected representatives from these neighbouring regions and countries can only help promote the Council of Europe’s fundamental values, especially local democracy.
9. As regards Morocco, the Congress is particularly pleased to have been able to pursue the cooperation engaged in 2010 on the advanced regionalisation project and hold meetings between members of the Congress and Moroccan parliamentarians regarding the organic law on advanced regionalisation now being prepared.
10. Moreover, once Morocco's new territorial organisation is in place, and on the strength of its experience in this field, the Congress reiterates that it is fully prepared to provide guidance on the preparation, holding and monitoring of the local and regional elections that will take place after this law is passed.
11. The Congress also welcomes the participation of numerous Moroccan towns in the 2012 European Local Democracy Week and the interest shown in genuine local participatory democracy.
12. As regards Tunisia, the Congress is closely following discussions in the National Constituent Assembly (NCA), which must chart out the path to the democratic and pluralist state called for by the Tunisian people during the revolution of January 2011.
13. The Congress is pleased to have had the opportunity to meet and exchange views with the NCA's committee on regional and local public authorities and is convinced that the dialogue launched by the Venice Commission – in which the Congress is fully involved – can serve as a valuable source of information and inspiration for the Tunisian Parliament.
14. The Congress is particularly satisfied to note that the NCA attaches due importance to the structures, financial resources and powers to be assigned to local and regional authorities that will be decisive for future democracy.
15. The Congress is closely observing developments in these two countries and is glad that some of its talking partners have expressed an interest in reinforced, regular and structured cooperation with the Congress. It pledges to continue working in this direction.
16. In this spirit, the Congress particularly welcomes the Parliamentary Assembly of the Council of Europe’s initiative in creating a “Partner for democracy” status for national parliaments in these countries, in order to facilitate regular exchanges and encourage participation by these countries “in the political debate on common challenges which transcend European borders”.
17. Like the Parliamentary Assembly, the Congress considers that the cooperation which it wishes to develop with the elected representatives of local and regional authorities in non-member countries in neighbouring regions would be more effective, coherent and dynamic if it took place within a framework of regular institutional relations and contacts.
18. To that end – once local elections have been held – the Congress is willing to propose a special status paving the way for cooperation on a regular basis with the newly elected territorial authorities of neighbouring non-member states so wishing.
19. In view of the aforegoing, the Congress decides to take the necessary administrative and regulatory steps which will allow it, in due course, to adopt a special “Partner for local democracy status” that may be granted to elected representatives of local authorities in those neighbouring countries.
23rd Session
Strasbourg, 16-18 October2012
Procedure for the election of the Secretary General of the Congress
Resolution 344 (2012)[17]
In accordance with Article 15.1 of the Charter which entrusts the Congress’ Statutory Forum with establishing the procedure for electing the Secretary General of the Congress, the Congress:
a.adopts the procedure for electing the Secretary General of the Congress, as prepared by the Bureau of the Congress and appended to this resolution, and decides to include it, as an appendix, to the Rules of Procedure of the Congress and its Chambers;
b. decides to implement this procedure at the next election of the Secretary General of the Congress.
APPENDIX
PROCEDURE FOR THE ELECTION OF THE SECRETARY GENERAL OF THE CONGRESS
adopted by the Statutory Forum on 17 October 2012 (Resolution 344(2012))
1. Vacancy notice
The election of a Secretary General of the Congress shall take place at the last session prior to the expiry of the term of office of the incumbent. The Bureau of the Congress shall ask the Secretary General of the Council of Europe to advertise the post, to the extent possible, six months before that session, by means of a vacancy notice under an external recruitment procedure. The vacancy notice will be prepared by the Secretary General of the Council of Europe in accordance with the Council of Europe Staff Regulations.
2. Time-line for the election procedure
The President of the Congress shall ask the Secretary General of the Council of Europe to establish a time-line for the procedure which will enable the smooth running of the election and the required deadlines to be met.
3. Bureau pre-selection procedure
a. The pre-selection committee acts on behalf of the Bureau for the purposes of the pre-selection procedure. It shall be responsible for ensuring the smooth running of the election preparations.
b. The pre-selection committee shall be composed of five persons: the President of the Congress, the two Chamber presidents and two other Congress Vice-Presidents designated by the Bureau. This pre-selection committee shall be constituted at a Bureau meeting taking place prior to the closing date of the vacancy notice.
c. The pre-selection committee shall be assisted by the most senior member of the Congress secretariat who is not a candidate for the post.
4. Preliminary consideration of applications
a. Following the initial examination of applications by the Secretary General of the Council of Europe in the light of the requirements stated in the vacancy notice, a list of candidates meeting those requirements (list A) is established.
b. The President of the Congress shall then ask the Secretary General of the Council of Europe for an exchange of views with the Bureau pre-selection committee on the basis of list A with a view to the establishment of the Secretary General’s opinion (list B).
c. After this meeting the Secretary General of the Council of Europe shall transmit to the President of the Congress his/her opinion (list B) containing his/her commented choice of candidates, together with the remaining candidatures (those meeting the requirements, but not selected, and those not meeting the requirements).
5. Appointment of candidates
a. The pre-selection committee shall:
i. meet in order to examine the opinion transmitted by the Secretary General of the Council of Europe(list B) and group the candidatures;
ii. on the basis of this grouping, invite some or all of the candidates to attend an interview and subsequentlyestablish an order of preference;
iii. submit to the Bureau of the Congress the list by order of preference indicating in writing the reasons for their choice.
b. On the basis of this work the Bureau shall:
i. examine the list by order of preference having particular regard to the following requirements:
- the recruitment of persons of the highest integrity and competence for the post to be filled;
- the necessity, under the Council of Europe’s equal opportunities policy, of consistently ensuring parity in the numbers of men and women employed in each category and grade;
- the need for equitable geographical distribution of vacancies among nationals of the member states. This appointment shall not be considered the prerogative of any one member state;
- the need to take into account the qualifications and experience of persons already serving with the Council of Europe in order to offer members of the secretariat reasonable promotion prospects;
ii. approve the order of preference or establish a new order of preference via a secret ballot;
iii. decide on which of the candidates shall be presented to the Congress;
iv. make the final list publicly available (in order of preference) together with the candidates’ curricula vitae and presentation documents, no later than 20 days before the session at which the election is to be held.
6. Procedure in the Congress
a. Candidates on the final list will have the possibility to distribute their presentation documents (not exceeding four A4 pages) and will be given the floor to address the Congress for no longer than three minutes to present their candidacy. No questions may be asked (Rule 39).
b. The Congress shall conduct the election. Only the Representatives or their Substitutes duly mandated according to Rule 5.1 of the Rules of Procedure and whose credentials have been ratified by the Congress are entitled to vote.
c. Voting shall be conducted by secret ballot in accordance with Rule 15.5 of the Rules of Procedure, except in the event of a tie when preference shall be given to the candidate from the under-represented sex in the grade of the post to be filled within the Council of Europe. If the candidates are of the same sex, the candidate who is senior in age shall be elected.
d. If only one candidate is proposed to the Congress, the candidate shall be declared elected without a ballot, unless a ballot is requested by at least 25 representatives or substitutes duly mandated according to Rule 5.1 of the Rules of Procedure and whose credentials have been ratified by the Congress.
23rd SESSION
Strasbourg, 16-18 October 2012
Local and regional democracy in Azerbaijan
Resolution 345 (2012)[18]
1. The Congress notes :
a. that Azerbaijan joined the Council of Europe in January 2001, and in doing so, committed itself to contributing to the creation of a common democratic and legal area throughout the whole of the continent, ensuring respect for its fundamental values: human rights, democracy and the rule of law, and to complying with European standards;
b. that Azerbaijan ratified the European Charter on Local Self-Government (hereafter “the Charter”) on
15 April 2002, which entered into force in its respect on 1 August 2002, thereby committing itself to embedding the principle of local self-government in its domestic law in order to guarantee its effective implementation and, notably to transferring competences to local communities with concomitant financial resources, and to ensuring a full implementation of the principle of subsidiarity to guarantee the establishment of local self-government as provided by the Charter;
c. its previous Recommendation 126 (2003) and Resolution 151 (2003) on local and regional democracy in Azerbaijan.
2. The Congress welcomes the creation of three national associations of local authorities, but wishes that they could play a more active role in representing municipal interests.
3. In addition, it observes that most of the recommendations addressed in 2003 to the national authorities have not been implemented; nor has a timeline been set to take them on board in the foreseeable future, making these recommendations still eminently relevant.
4. It refers to the explanatory memorandum, which reiterates its recommendations and expresses serious concerns as regards, in particular, the non-compliance with most of the provisions of the Charter ratified by Azerbaijan;
5. In light of these considerations, the Congress:
a. invites its Bureau to consider inviting the Minister of Justice of Azerbaijan, in his capacity as Minister for Local Authorities, to address the Congress during its October session in 2013, and to discuss the developments envisaged by Azerbaijan’s authorities;
b. invites its Monitoring Committee:
i. to organise urgently in Baku a seminar on the implementation of the Charter in Azerbaijan in cooperation with national, regional and local authorities, and relevant NGOs in the field of local democracy;
ii. to carry out a mid-term monitoring visit in order to assess the situation of local and regional democracy in light of the latest adopted Recommendation, and to evaluate the progress made in the meantime.
23rd SESSION
Strasbourg, 16-18 October 2012
Youth and democracy:
the changing face of youth political engagement
Resolution 346 (2012)[19]
1. The social and demographic structure of European societies is changing, people are living longer and population levels are declining owing to lower fertility rates. Thus, in the future, youth will become a minority in an ageing society, their influence within the democratic system will decrease, youth-related subjects and needs may lose weight in political debates and the decision-making process. This perceived political marginalisation could lead to political frustration and distrust among young people.
2. Young people are also facing frustration owing to their increasingly difficult transitions to work and adult life. Integration into the labour market is one of the key development tasks on a young person’s way to autonomy and independence, however, the labour market has changed radically, having lost flexibility and jobs, and requiring ever higher qualifications. Integration into the labour market for young people is all the more difficult and since 2008 youth unemployment has increased substantially owing to the current economic crisis. High qualifications are no longer a guarantee for finding work, access to the job market is not only difficult for young people who lack general or vocational education, but also for those holding higher education degrees.
3. The experience of unemployment, job insecurity and precarious social integration can lead to de-motivation, low self-esteem, psychological distress, physical health symptoms, increased alcohol consumption, criminal behaviour, a downgrading of aspirations or resignation.
4. Young people’s interest in conventional political participation, such as voting in elections, has declined over recent years due to increasing disenchantment and cynicism. However this does not mean young people are no longer interested, they still engage in democratic and civic behaviour and they still believe in democratic values. They engage in different forms of democratic activities appropriate to their own understanding of democracy and citizenship. Young people still identify with their society and they are still prepared to engage: the important issue is to get one’s voice heard.
5. Newer, more informal ways of participation are preferred such as the Internet, issue-based participation like signing petitions or spontaneously attending demonstrations, and consumer activism like making shopping decisions based on political considerations. The new technologies and online social communities, such as Facebook and Twitter, offer young people vast opportunities for personal politics and for mobilising for political action across communities and borders.
6. Children and young people under 18 do not enjoy full political citizenship, for example they do not have the right to vote in most member states leading to an underrepresentation of this group in parliaments, both national and regional, and local councils. Young people are thus marginalised from the political process, being treated rather as ‘political apprentices’ than ‘political agents’. If young people do not feel they are an active part of the political process, they will find other ways to make their voices heard. The recent demonstrations, protests or riots in many European countries can be seen as young people’s answer to a political system that does not really give them their share of power and full citizenship.
7. Young people should learn about democracy and participation in educational institutions such as schools, for this reason education for democratic citizenship has to become a central aspect of education. They also learn about citizenship through the non-formal education they receive elsewhere, such as in local youth clubs and civic organisations, and through participation in local and regional youth councils and parliaments. This is where young people get to know what participation in democracy means: through electing class representatives, meeting with local politicians and engaged local citizens, working in community-oriented service projects or sitting on youth parliaments in the local community.
8. Young people want to make their voices heard and to play a real role in decision-making in their societies. The best way to achieve this is to strengthen their social integration by sharing economic, social and political power with them and giving them full citizenship and full access to jobs. Due to the proximity to citizens, it is at local and regional levels that this can best be achieved.
9. The Congress of Local and Regional Authorities of the Council of Europe therefore invites local and regional authorities to:
a. ensure that young people completing compulsory education can secure a suitable offer of education or training in a school, college or work-based training - along the lines of the United Kingdom’s “September Guarantee” process - in order that they may develop skills adapted to the labour market thus facilitating their access to it;
b. co-operate with and support local businesses which offer jobs, on-the-job training or work experience to develop work skills and increase the employability of young people, in particular disadvantaged youth;
c. support youth entrepreneurship through adequate funding conditions and access to business incubators, by integrating entrepreneurship into school curricula and training programmes, and by co-operating with local business partners;
d. offer opportunities to young people to enter into a structured dialogue with local and regional authorities and to participate in politics and policy-making by setting up joint decision-making mechanisms, mirroring the Council of Europe’s co-management system, in the form of joint councils composed of elected local/regional councillors and youth representatives;
e. introduce local policy on voluntary activity, while guarding against such voluntary activity being used as a substitute for paid employment, to enable young people to develop personal and professional skills;
f. raise awareness of the Revised European Charter for the Participation of Young People in Local and Regional Life and ensure its implementation.
10. The Congress recalls its proposals to local and regional authorities relating to improving employment prospects of young people from disadvantaged neighbourhoods contained in paragraph 9 of its Resolution 319 (2010).
11. The Congress invites the member states of the Council of Europe to include young people in their national delegations to the Congress, both as full and substitute members.
12. The Congress invites the Coordinator of the European Local Democracy Week to propose that a future edition of the Week be devoted to youth, youth participation and promoting young people’s access to human and social rights.
13. The Congress welcomes the increased commitment of the European Union to lowering youth unemployment figures, as seen in the statement of the members of the European Council of 30 January 2012 and in particular the Commission’s Youth Opportunities Initiative.
23rd SESSION
Strasbourg, 16-18 October 2012
The right of local authorities to be consulted by other levels of government
Resolution 347 (2012)[20]
1. An important part of the work of local and regional authorities is to liaise and interact with other levels of government to ensure that their interests and the interests of their citizens are properly taken into account in the preparation of policies, decisions and legislation that affect them.
2. While the European Charter of Local Self Government (hereafter referred to as "the Charter") establishes the obligation for member states to consult local authorities, it is for the authorities in each member state to ensure that they have robust procedures and structures in place to enable them to carry out their role in the consultation and decision-making process, in line with the Charter provisions and in the spirit of local autonomy.
3. National associations – where they exist – have a key role to play here in representing their local and regional authorities at central level. Where a member state has more than one national association, they should cooperate together as closely as possible, with the aim of identifying common positions on issues that concern them, in order to enhance their ability to influence other levels of government.
4. The Congress therefore, referring to the Charter and Congress Recommendation 171 (2005) on consultation of local authorities:
a. calls on the local, intermediate and regional authorities of its member states to inform their national associations in good time of any issues where they believe the national association should act on their behalf with regard to consultation by other levels of government.
b. calls on national associations of local and regional authorities:
i. to lobby their national and, where appropriate, regional governments, where they do not yet apply the relevant articles of the Charter, to review their commitments with a view to extending their implementation of the Charter to cover all the articles concerning consultation;
ii. to allocate the appropriate resources and to establish structures and procedures to ensure effective representation of local and regional authorities in consultation procedures with other levels of government;
iii. to ensure that they are regularly invited to review relevant legislative and policy initiatives by other levels of government;
iv. where several associations exist, to make efforts to cooperate with each other, with a view to achieving common positions, in order to enhance their capacity to influence national, and if appropriate regional, policies;
v. where the right of local authorities to petition exists, to ensure that they make good use of it to protect the interests of their members and their citizens;
vi. to regularly exchange with each other good practice on consultation issues;
c. resolves to:
i. develop guidelines for national and regional authorities on the application of the relevant articles of the Charter;
ii. stimulate the creation of national associations of regional authorities in member states, where such associations still do not exist;
d. asks its Governance Committee to:
i. appoint a thematic rapporteur for the monitoring and evaluation of the effectiveness of the consultation processes in member states in developing multi-level governance;
ii. present a strategy in 2013 to further strengthen the consultation processes between the different levels of government in order to improve the quality of the legislation and thus, the local and regional policies, and the effectiveness of such consultation processes in the member states;
iii. present a report in 2016 on the progress made and describe the situation of the consultation processes in the member states;
e. asks its Monitoring Committee to ensure that its recommendations on the situation of local and regional democracy in member states consider the compliance of the internal law of the countries with Articles 4.6, 5 and 9.6 of the Charter and its implementation, when it monitors the Charter, in light of the present recommendation and resolution.
23rd SESSION
Strasbourg, 16–18 October 2012
Local elections in Serbia (6 May 2012)
Resolution 348 (2012)[21]
1. The Congress of Local and Regional Authorities recalls that Serbia and Montenegro joined the Council of Europe on 3 April 2003. Following the declaration of independence of the Republic of Montenegro on 3 June 2006, and in accordance with Article 60 of the Constitutional Charter of the State Union of Serbia and Montenegro, the Committee of Ministers of the Council of Europe adopted at their 967th meeting a declaration on the continuation of Serbia’s membership in the Council of Europe and the continuation of ensuring obligations and commitments.
2. The Congress notes with satisfaction that – based on the European Charter of Local Self-Government which was ratified by the country on 6 September 2007 – the guiding principles of local self-government are secured in Serbian legislation and the right of citizens to provincial autonomy and local self-government is guaranteed by the Serbian Constitution.
3. The Congress refers to its Report on local and regional democracy in Serbia which was adopted at the 21st Session in October 2011 and states that the change of Serbia’s status from being part of a federated state to an independent country has had a positive impact on the status of provincial autonomy within the unitary state of Serbia. The proclamation of the Statute of the Autonomous Province of Vojvodina, in force since 1 January 2010, was an important step. At the same time, it notes that there is widespread acknowledgment of the need to further reform local self-government and strengthen the process of decentralisation in Serbia.
4. The Congress reiterates that free and fair elections, at national but also at territorial level, constitute an integral part of democratic processes in Council of Europe member States and it takes note of Recommendation 330(2012) regarding the findings of the Congress delegation who observed the local elections in Serbia on 6 May 2012.
5. Given the above, and in conformity with its Resolution 306(2010) on the strategy and rules for the observation of local and regional elections, the Congress:
a. asks, in particular, its Monitoring Committee to take note of the above-mentioned Recommendation and to take it into account in the framework of its work programme to assess the progress made by the country in matters of local democracy and the honouring of commitments to the European Charter of Local Self-Government;
b. invites its Bureau to use the change of legislation in Serbia, in respect of the election of Mayors, as an opportunity to examine the different systems of mayoral elections currently in place in Council of Europe member States.
6. The Congress expresses its will and availability to participate in activities aimed at strengthening local democracy and electoral processes in Serbia, through continued political dialogue with the authorities and in co-operation with the Standing Conference of Towns and Municipalities.
23rd SESSION
Strasbourg, 16-18 October 2012
The governance of macro-regions in Europe
Resolution 349 (2012)[22]
1. A macro-region is a grouping of subnational entities (local and regional authorities) – it is a territory covering a number of different countries or regions, associated with one or more common features or challenges – which come together to cooperate on common issues.
2. The Congress has consistently sought to promote and develop transfrontier and inter-territorial cooperation of this nature, aware that the benefits for local and regional authorities, which are many, are all the more important in times of economic downturn. Mindful of the need to prioritise sectoral cooperation in areas where practical cooperation is easily identifiable, such as transport, environment management, health, waste disposal, public utilities or energy, the Congress also recognises the need to be practical, to have clear and realistic targets and to avoid over-ambitious programmes.
3. The entry into force of the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities (Madrid Convention, ETS 106) and of its additional and second protocols was a milestone in developing such cooperation. Many macro-regions have now been established; some of them with the help of the Congress, and several more are in the planning.
4. The Congress has a role to support and accompany them, to debate the issues and analyse the problems with a view to identifying practical solutions. Existing cooperation projects need to be evaluated to avoid the recurrence of common errors. If the momentum is to be maintained, the entry into force of Protocol 3, which addresses many of the issues raised by the implementation of the Madrid Convention, should be a priority for the local and regional democracy agenda of the Council of Europe.
5. The Congress is convinced that it can and should increase its efforts in this respect, using its forum to bring potential collaborators together, working more with its partners such as the Assembly of European Regions (AER), the Association of European Border Regions (AEBR), the Council of European Municipalities and Regions (CEMR) and the Committee of Regions of the EU (CoR), as well as with specialised institutes and agencies, in the fields of training personnel, awareness raising and providing expertise.
6. The Congress therefore, making reference to:
a. the Madrid Convention and its protocols;
b. Recommendation Rec(2005)2 of the Committee of Ministers on good practices in and reducing obstacles to transfrontier and interterritorial cooperation between territorial communities or authorities;
c. the Chaves report, presented at the 17th Council of Europe Conference of Ministers responsible for Local and Regional Government in November 2011, promoting multi-level cooperation to overcome obstacles in matters of cross-border cooperation.
7. Calls on local and regional authorities in Council of Europe member states to:
a. make macro-regional cooperation a transversal issue wherever it can provide an added value;
b. encourage macro-regional projects to include elected local and regional stakeholders and civil society in the development and management of any macro-regional project at the political level;
c. make goal-oriented projects close to the citizens a priority of macro-regional cooperation, in order to facilitate a life in Europe where borders are no barriers for life, work and travel.
8. Calls on national associations of local and regional authorities:
a. to lobby their governments, which have not yet done so, to sign and ratify the Madrid Convention and its Protocols;
b. to encourage and support the formation and development of macro-regions around themes that are beneficial for local democracy.
9. Resolves:
a. to keep inter-regional and transfrontier cooperation, including macro-regional, as priority activities and include them in its cooperation with the intergovernmental sector;
b. to collect best practice with regard to macro-regional cooperation;
c. to use its experience and know-how to support macro-regional groupings which are already operational through regular debates and seminars to enable exchange of experience and analysis of the challenges and obstacles that they encounter;
d. to cooperate with its partners (AER, AEBR, CEMR and CoR) in seeking to overcome obstacles to macro-regional cooperation;
e. to cooperate with specialised institutes and agencies in training personnel, awareness raising and providing expertise for new projects.
10. Asks its Governance Committee to periodically review the progress of European inter-regional, transfrontier and macro-regional projects with a view to identifying strategies for achieving concrete and sustainable results.
23rd SESSION
Strasbourg, 16-18 October 2012
Regional legislation and action to combat
sexual exploitation and abuse of children
Resolution 350 (2012)[23]
1. Sexual violence is a complex, sensitive and alarmingly widespread threat to the well-being and healthy development of all children across Europe, regardless of their age, sex or ethnic and religious background. It can take many forms including incest, pornography, prostitution, trafficking in human beings, corruption, solicitation via Internet, sexual exploitation and sexual abuse.
2. Child sexual abuse and exploitation are often referred to as the secret crime as child victims typically experience great difficulty in disclosing it. This and the lack of standardised and comparable data collection methods mean it is difficult to obtain a clear picture of the scope of the problem. However, available data suggest that about one child in five in Europe is a victim of some form of sexual violence, one of the worst forms of violence against children.
3. Although public attention is most often drawn towards the lurking stranger depicted in the media, children are most at risk of abuse from those around them, indeed it is estimated that in 70% to 85% of cases, the abuser is somebody the child knows and trusts such as family members and friends, care-givers, even peers.
4. The pain of child abuse does not always end after the physical act as afterwards child victims are subjected to numerous interviews with social, legal and law enforcement agencies. The repetition of the painful details of the abuse might lead to further emotional trauma to the victim. Multi-disciplinary centres, where all agencies having to intervene in the investigation of cases of child sexual abuse can do so under one roof, avoid this re-victimisation of the child.
5. The Council of Europe has been fighting sexual violence and abuse against children for more than 15 years and in 2007 its Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse, also known as the “Lanzarote Convention”, was opened for signature. This is the first international instrument to establish the various forms of sexual abuse of children as criminal offences, including such abuse committed in the home or family, with the use of force, coercion or threats.
6. The ONE in FIVE Campaign to stop sexual violence against children was launched by the Council of Europe in 2010 and aims to achieve further signature, ratification and implementation of the Lanzarote Convention, as well as to equip children, their families/carers and societies at large with the knowledge and tools to prevent and report sexual violence against children, thereby raising awareness of its extent.
7. The Lanzarote Convention does not indicate specifically whether the legislation and measures it advocates to prevent and protect child victims of sexual abuse and exploitation should be enacted at the state or regional level. Whilst many measures will need to be transposed into criminal and civil law, which are usually a state competence, some crucial issues in the field of child protection may come under the remit of regions, such as the regulation and organisation of welfare, social and health services and the adoption of specific measures and structures to prevent and protect children from sexual exploitation and abuse.
8. An independent, competent regional body for the protection of children against sexual abuse and exploitation is of paramount importance to ensure a comprehensive, multiagency and interdisciplinary strategy. It may coordinate the various agencies including the education, social and health sectors, law enforcement and judicial authorities, and cooperate with national and local agencies working to ensure the child’s rights are effectively implemented when dealing with cases of child sexual abuse and exploitation.
9. Regions may promote and conduct awareness-raising campaigns on the phenomenon of child sexual abuse and exploitation addressed to the general public, preferably in cooperation with local and central agencies. They can encourage and finance third sector programmes and projects which promote the participation of children, parents, the media and the private sector in fighting sexual abuse and exploitation.
10. In areas under their responsibility, regional authorities should ensure that all persons working with children receive adequate training on the phenomenon of sexual abuse and exploitation, including on the rights of the child in such circumstances, and on what to do where sexual violence is suspected. This includes people working in social services, the education, health, judicial and law-enforcement sectors as well as in areas relating to sport, culture and leisure activities. In addition, awareness of online-related child abuse and exploitation needs to be embedded in child protection systems.
11. Regions should define strategies that recognise existing roles and resources in this field and identify good practices as well as potentialities and challenges ahead to improve concerted action to protect children.
12. The Congress therefore invites regional authorities, and in particular those of regions with legislative powers, to integrate the following provisions of the Lanzarote Convention into regional legislation and administrative practice in order to complement the respective activities by national authorities:
a. set up child-friendly, multiagency and interdisciplinary centres for child victims and witnesses of sexual abuse and exploitation where children can be interviewed and medically examined for forensic purposes, comprehensively assessed and receive all relevant counselling and therapeutic services from appropriate professionals;
b. establish or designate an independent and competent regional body for the protection of children against sexual abuse and exploitation which would coordinate the implementation of a comprehensive, multiagency and interdisciplinary strategy with national and local actions;
c. set up or designate a focal point for the systematic collection of data on child sexual abuse and exploitation and the promotion of regular surveys among children, including in primary and secondary schools with the aim of measuring the prevalence of child sexual exploitation and abuse;
d. conduct awareness-raising campaigns addressed to the general public, parents, children and professionals working with and for children which address all forms of child sexual exploitation and abuse including “grooming” for sexual purposes, child abusive images on the Internet, trafficking and intra-familial sexual abuse; encourage children’s full participation especially with regard to the new communication technologies; produce guidelines explaining appropriate responses or courses of action to be taken where there is a suspicion of abuse;
e. ensure adequate and regular training on different forms of sexual violence for all professionals working for and with children in the different sectors, including the judicial system;
f. ensure that appropriate risk assessment and therapeutic services for youth who commit sex offences and children who display inappropriate sexual behaviour are available and accessible in the region.
13. In addition, the Congress welcomes the adoption by the Council of Europe of its Strategy for the Rights of the Child 2012‑2015 and commits to mainstreaming children’s rights into all of its policy areas and activities. In this context, the Congress:
a. invites regional authorities to work actively to promote the aims of the Council of Europe’s ONE in FIVE Campaign to stop sexual violence against children and, in particular, to implement the Strategic Action Plan which addresses the local and regional dimensions of the Campaign;
b. recalls its Resolution 289 (2009) on preventing violence against children and repeats its invitation to regional authorities to incorporate the three dimensions of networking and participative planning; regulation and quality standards; and monitoring and evaluation into their child protection strategies;
c. draws the attention of regional authorities to Committee of Ministers’ Recommendation CM/Rec(2011)12 to member states on children’s rights and social services friendly to children and families, and invites them to take into account the appended Guidelines as a practical tool for adapting their social services systems for children and families to the specific rights, interests and needs of children and identify practical remedies to existing shortcomings in social service delivery.
23rd SESSION
Strasbourg, 16-18 October 2012
Second-tier local authorities – intermediate governance
in Europe
Resolution 351 (2012)[24]
1. Many member states in the Council of Europe have a long tradition of a local government structure organised in several tiers. Each country, according to its own traditions and history, shapes its own architecture, with a view to achieving better-targeted service provision, a good level of political representation with transparency and accountability and an effective allocation of competences between different levels of government.
2. Furthermore, in most Council of Europe member states a number of important functions are entrusted to intermediate local authorities, relating to the environment, economic development, transport and education. For these functions those authorities have resources of their own. In compliance with the principle of fiscal autonomy, those intermediate authorities benefit from fiscal resources.
3. The current financial crisis has prompted a number of national authorities to propose radical overhauls of their local government structures, with a view to simplifying these structures, reducing the number of tiers, even cutting out levels. Those authorities most at threat from such proposals are predominantly the second-tier local authorities.
4. The Congress welcomes the efforts of the European associations of local and regional authorities, such as the CEMR (Council of European Municipalities and Regions), the AER (Assembly of European Regions) and the CEPLI (European Confederation of Local Intermediate Authorities), which represent the different levels of territorial authority and help to champion and defend the importance of local democracy and the application of the subsidiarity principle.
5. The Congress is particularly appreciative of the efforts of the CEPLI (European Confederation of Local Intermediate Authorities), to defend the intermediate level of governance in countries where it is or has been called into question.
6. The Congress has in particular taken note of the Salerno Manifesto adopted by the General Assembly of the Latin Arch (Ravello-Salerno, 16 March 2012) in which its members called for a renewed role for intermediate local governments in Europe and expressed the wish that any process of reforming or renewing the institutional architecture guarantee the role of intermediate local authorities as key players in good local governance.
7. The Congress is concerned that local government reorganisation proposals are being introduced hastily and reminds all actors that the spirit of the European Charter of Local Self-Government (hereafter referred to as "the Charter") and the principles of multi-level governance, where responsibility is shared between different tiers of government which coordinate their work in a manner to best represent citizens, should be respected so that local democracy is not eroded.
8. The Congress, reaffirming the principle of subsidiarity, whereby central authorities should carry out only those tasks which cannot be performed effectively at a more immediate or local level, is convinced that the number of tiers of decentralised authorities in a member state should be proportionate to its geographic size.
9. In this connection, the Congress is particularly concerned by the fact that reorganisation plans, including in Italy, that these authorities will no longer be directly elected, which would weaken local democracy at this level of governance.
10. The Congress therefore, referring to the Charter and the Council of Europe Reference Framework for Regional Democracy:
a. calls on national associations of local authorities:
i. to lobby their governments to carry out any territorial reorganisation in a careful and managed way, with proper planning and due respect for the Charter;
ii. to ask that the direct election of councillors be maintained in order to preserve local democracy at this level of governance.
iii. to ensure that they are properly consulted before any reforms are introduced;
b. resolves to continue to support structures and procedures that aim at safeguarding and further developing citizens’ rights and their access to political decision makers as close as possible to the citizens and to cooperate with the Council of European Municipalities and Regions (CEMR) and the European Confederation of Local Intermediate Authorities (CEPLI) in representing the interests and developing the work and capacity of second-tier local authorities;
c. would like to see an organic reform of local intermediate authorities which, while revising territorial boundaries, reiterates, in the spirit of the European Charter of Local Self-Government, the democratic nature of these authorities and maintains the direct election of their governing organs by citizens.
d. asks its Governance Committee to keep this issue under review.
[1] Debated and adopted by the Congress on 16 October 2012, 1st sitting (see Document CG(23)6, explanatory memorandum), rapporteur: A. Koopmanshap, Netherlands (L, SOC).
[2] Debated and adopted by the Congress on 17 October 2012, 2nd sitting (see Document CG(23)12 explanatory memorandum), rapporteurs: J. Wienen, Netherlands (L, EPP/CD) and G. Mosler-Törnström, Austria, (R, SOC).
[3] Article 1 of the Law on the status of municipalities in Azerbaijan mentions that “Local self-government in the Republic of Azerbaijan is a system of organizing citizens’ activity…” and the Article 2(2) of this law which define the municipalities as “bodies created by the municipality and not included in the system of state in order to organize municipal service and with a view to resolve issues of local importance”.
[4] Debated and adopted by the Congress on 17 October 2012, 2nd sitting (see Document CG(23)9, explanatory memorandum), presented by H. Bozatli, Turkey (R, EPP/CD) on behalf of E. Ampe, Belgium (R, ILDG), rapporteur.
[5] Debated and adopted on 18 October 2012 by the Congress (see Document CG(23)11, explanatory memorandum) presented by I. Henttonen, Finland (L, ILDG) on behalf of B.-M. Lövgren, Sweden (L, ILDG), rapporteur.
[6] Debated and approved by the Chamber of Local Authorities on17 October 2012 and adopted by the Congress on 18 October 2012, 3rd sitting (see Document CPL(23)2, explanatory memorandum), rapporteurs: S. James, United Kingdom (L, ILDG) and A. Buchmann, France (R, SOC).
[7] Mr Ian Micallef is no longer a member of the Congress since 16 October 2012.
[8] Debated and approved by the Chamber of Local Authorities on 17 October 2012 and adopted by the Congress on 18 October 2012, 3rd sitting (see Document CPL(23)3, explanatory memorandum) rapporteur: N. Mermagen, United Kingdom (L, ILDG).
[9] Debated and approved by the Chamber of Regions on 17 October 2012 and adopted by the Congress on 18 October 2012; 3rd sitting (see Document CPR(23)2, explanatory memorandum), rapporteur E. Mohr (Austria, L, EPP/CD).
[10] Debated and approved by the Chamber of Regions on 17 October 2012 and adopted by the Congress on 18 October 2012, 3rd sitting (see Document, CPR(23)3 explanatory memorandum), presented by J. Van Den Hout, Netherlands (R, SOC) on behalf of D. Davidovic, Serbia (R, NR), rapporteur.
[11] Debated and adopted by the Congress on 18 October 2012, 3rd sitting (see Document CG(23)13, explanatory memorandum), rapporteur E. Verrengia, Italy (L, EPP/CD).
[12] Debated and adopted by the Congress on 16 October 2012, 1st sitting, rapporteurs: A. Knape, Sweden (L, EPP/CD) and L. Sfirloaga, Romania (R, SOC).
[13] Debated and adopted by the Congress on 16 October 2012, 1st sitting (see Document CG(23)5, appendix), rapporteurs: L. O. Molin, Sweden (L, EPP/CD) and K-H. Lambertz, Belgium (R, SOC).
[14] Debated and adopted by the Congress on 16 October 2012, 1st sitting (see Document CG(23)6, explanatory memorandum), rapporteur: A. Koopmanshap, Netherlands (L, SOC).
[15] Recommendation CM/Rec(2010)7 of 11 May 2010.
[16] Debated and adopted by the Congress on 16 October 2012, 2nd sitting, rapporteur: J-C. Frécon, France (L, SOC).
[17] Debated and adopted by the Statutory Forum on behalf of the Congress on 17 October 2012, rapporteur N. Romanova, Ukraine, (L, ILDG).
[18] Debated and adopted by the Congress on 17 October 2012, 2nd sitting (see Document CG(23)12 explanatory memorandum), rapporteurs: J. Wienen, Netherlands (L, EPP/CD) and G. Mosler-Törnström, Austria, (R, SOC).
[19] Debated and adopted by the Congress on 17 October 2012, 2nd sitting (see Document CG(23)9, explanatory memorandum), presented by H. Bozatli, Turkey (R, EPP/CD) on behalf of E. Ampe, Belgium (R, ILDG), rapporteur.
[20] Debated and adopted on 18 October 2012 by the Congress (see Document CG(23)11, explanatory memorandum), presented by I. Henttonen, Finland (L, ILDG) on behalf of B.-M. Lövgren, Sweden (L, ILDG); rapporteur.
[21] Debated and approved by the Chamber of Local Authorities on 17 October 2012 and adopted by the Congress on 18 October 2012, 3rd sitting (see Document CPL(23)3, explanatory memorandum) rapporteur: N. Mermagen, United Kingdom (L, ILDG).
[22] Debated and approved by the Chamber of Regions on 17 October 2012 and adopted by the Congress on 18 October 2012, 3rd sitting (see Document CPR(23)2, explanatory memorandum), rapporteur E. Mohr (Austria, L, EPP/CD).