24th SESSION

Strasbourg, 19-21 March 2013

Adopted texts

Declaration

Declaration 1                             The situation of local and regional politicians in Turkey

Recommendations

Recommendation 334                 Local and regional democracy in Georgia

Recommendation 335                 The budget and resources of the Congress in 2014-2015

Recommendation 336                 Local and regional democracy in Spain

Recommendation 337                 Local and regional democracy in Italy

Recommendation 338                 Local by-elections in Armenia (9 and 23 September 2012)

Recommendation 339                 Local elections in Bosnia and Herzegovina (7 October 2012)

Resolutions

Resolution 352                           Verification of new members’ credentials

Resolution 353                           Congress post-monitoring and post-observation of elections: developing political dialogue

Resolution 354                           Local by-elections in Armenia (9 and 23 September 2012)

Resolution 355                           Local elections in Bosnia and Herzegovina (7 October 2012)

24th SESSION

Strasbourg, 19-21 March 2013

The situation of local and regional politicians in Turkey

Declaration 1 (2013)^[1]

1.   The Congress of Local and Regional Authorities of the Council of Europe has often expressed its grave concern about the continued massive detention of local elected politicians in Turkey, including the Mayor of Viransehir and former Congress member Leyla Güven, detained since 2009.

2.   Acting on the basis of the report of the Congress delegation that visited Ms Güven in prison on 6 October 2011, the Congress, through the present declaration, reaffirms its position that the detention of a number of mayors and city councillors, who are prevented from fulfilling their duties to the citizens, is debilitating for local democracy.

3.   The Congress furthermore expresses its support for the ongoing efforts to establish dialogue – in the framework of the so-called “Imrali process” – and reiterates its condemnation of violence and terrorism in any form as a way of resolving disputes.

4.   The Congress hopes that these positive developments may constitute a step forward in the process of ensuring that local elected politicians may freely exercise their duties and responsibilities, in accordance with the provisions of the European Charter on Local Self-Government.

5.   The Congress will continue to monitor the situation in Turkey, within its mandate of examining possible violations of the Charter. It therefore:

a. mandates the Monitoring Committee to organise a fact-finding mission, if considered necessary, in line with the mandate of the Congress and the European Charter on Local Self-Government;

b. requests a follow-up visit to Ms Güven, whom the Congress considers a symbol of the imprisoned local elected representatives in Turkey, by the same delegation that visited Ms Güven in 2011 and kindly requests the Turkish delegation to assist in obtaining the permission of the Turkish authorities for such a visit.

24th SESSION

Strasbourg, 19-21 March 2013

Local and regional democracy in Georgia

Recommendation 334 (2013)^[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 (2011)2 of the Committee of Ministers of the Council of Europe 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 of the Committee of Ministers of the Council of Europe 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. 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 and Resolution 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. the previous recommendation on local and regional democracy in Georgia (157 (2004));

f. the explanatory memorandum on local democracy in Georgia drawn up, following an official visit to Georgia from 10 to 12 June 2012.

2. The Congress recalls that:

a. Georgia signed the European Charter of Local Self-Government on 26 October 2004 and ratified it on 8 December 2004 with entry into force on 1 April 2005, with “reservations” on Article 4 paragraph 6, Article 5, Article 6 paragraph 2, Article 9 paragraph6 and Article 10 paragraphs 2 and 3;

b. Georgia 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.A Congress delegation^[3] carried out a monitoring visit to Georgia from 10 to 12 June 2012 visiting Batumi, Tbilisi and Rustavi;

d. The Rapporteurs of the Congress carried out a fact-finding visit in Georgia on
27 and 28 February 2013.^[4]

3. The Rapporteurs wish to thank the Permanent Representation of Georgia to the Council of Europe and the Georgian authorities at central, regional and local levels, the National Association of Local Authorities of Georgia (NALAG), 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. substantial progress has been made in the field of local and regional democracy since the Congress visits to Georgia in 2003 and 2004 and that the principles of the Charter are to a high extent integrated in constitutional provisions;

b. the authorities have demonstrated a visible political will to take Congress recommendations into account, to integrate the guiding principles of local self-government into domestic legislation and, in general, to cooperate with the Council of Europe;

c. the regional development efforts have been considerable and have borne fruit, with Adjara as a dynamic and positive example;

d. the direct election of the Tbilisi mayor is considered to have been a success and might serve as an example to launch the debate on the issue of direct election of all mayors in the country;

e. the new government, formed after the parliamentary elections of 2012, have expressed their willingness to further develop and decentralise local government, indicating that the principles that drive their reform strategy are subsidiarity, financial autonomy and citizen participation in local government;

f. the initial intention to abolish the Ministry for Regional Development and distribute its component functions between the Prime Minister’s office and the Ministry of Economy has been reconsidered and no longer prevails.

5. The Congress expresses concern that:

a. the principle of subsidiarity is still not enshrined in the Georgian Constitution and there are cases where some “field” laws enter into contradiction with the Organic Law. Substantial progress is still to be made through institutional and legislative changes, as regards decentralisation, local autonomy and accountability;

b. although consultation with local authorities and their representatives worked well and NALAG had good standing in negotiations with the national authorities under the previous government, some communication issues appeared after the October 2012 parliamentary elections between NALAG and the Government. If this situation persists, it could have a negative effect on the good relations between local elected representatives and the government;

c. financial autonomy of local authorities continues to be a problem and their limited “own resources” make them dependent on government grants, carrying with it, particularly during a financial crisis, the risk of a cut down on grants, which could limit their discretion in the use of their finances;

d. the equalisation formula may not be serving the interests of the weaker municipalities in that the ratio of allocations they receive are not sufficiently high to enable an acceptable level of delivery of public services;

e. administrative control of municipalities is an issue in so far as existing legislation does not provide for standards to apply to the auditing of local self-government entities, although international standards of auditing have been adopted and that there is a lack of qualified experts specialising in local self-government audit and a lack of “value for money” audits;

f.  the recent incidents reported to the delegation during the fact finding visit, involving pressure exerted on local elected representatives to resign their posts or change their party affiliation in favour of the new ruling party, have put local democracy in danger. They indicate a flawed perception (both on the part of the public and of the politicians) of local government as being directly dependent  on national politics, bringing with it an expectation that changes in the central government should immediately be reflected in local government, regardless of the mandates obtained through democratic local elections;

6. In the light of this, the Congress requests the Committee of Ministers to invite the Georgian authorities to take account of the following recommendations:

a. amend the Constitution so that the principle of subsidiarity is specifically recognised in the field of local government, by being mentioned as one of its guiding principles and streamline of the legislation, giving the Organic Law a prominent role regarding all issues touching upon local government;

b. to recognise the representative position of NALAG as an interlocutor and partner and involve them in the discussions and negotiations regarding local and regional autonomy, including the newly announced reform project, ensuring at the same time the engagement of a wide range of stakeholders representing local government, as well as their territorial, thematic and professional associations;

c. to enhance the financial capacity of local governments, including the capacity to generate their own resources, using all available means including enlarging the tax base;

d. to improve the financial equalisation procedure (both as regards distribution and increasing the equalisation fund);

e. to revise the existing legislation with an aim to provide standards for the auditing of local self-government entities, and provide training to experts in local self-government audit, with emphasis on “value for money” audits;

f.  to take immediate and effective action to ensure the autonomy and independence of local authorities  and democratically elected representatives, so that national election results do not influence local government representative structure. The Congress urges the Georgian authorities to ensure that the provisions of the Charter and namely, that of the Preamble and of Articles 3, 6 and 7.1, as referred in the Report of the fact-finding mission to Georgia (CG/BUR(23)47), are fully observed and respected.The Congress calls on all political forces in the country to cooperate for the promotion of the independence and democratic functioning of local government;

g. to continue the regional development efforts, ensuring a certain degree of continuity with regard to the regional development strategy and policies in existence, in order to consolidate what has been achieved;

h. to consider the issue of direct elections for all mayors, in the light of the experience provided by Tbilisi;

i.to consider  signing and ratifying 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) and ratifying, in the near future, the Additional Protocol to the European Outline Convention on Trans-frontier Co‑operation between Territorial Communities or Authorities (ETS 159).

24th SESSION

Strasbourg, 19-21 March 2013

The budget and resources of the Congress in 2014-2015

Recommendation 335 (2013)^[5]

The Congress of Local and Regional Authorities of the Council of Europe,

1. Considering:

a. the decisions it has taken in 2010, in the framework of the reform of the Council of Europe, to refocus its priorities and activities on the core values of the Organisation, and the subsequent changes to its structures and working methods;

b. the resulting amendments to the Congress Charter and Statutory Resolution, approved by the Committee of Ministers on 19 January 2011.

2. Stressing that, whereas its operational budget has been readjusted from 2010 onwards in a way which is comparable to other sections of the Organisation, the Congress has been affected, as regards staff resources, to an extent which is disproportional to its size.

3. Underlying that, in these difficult circumstances, the Congress has been able to implement a streamlined and politically ambitious programme of activities, and to build up a new operational capacity, both features being at the heart of the new priorities adopted in October 2012 for the 2013-2016 period.

4. Recalling that the Congress has kept the Committee of Ministers regularly informed about its priorities and activities, in particular by means of regular exchanges of views with the President and Secretary General of the Congress.

5. Welcoming the fact that the priorities^[6] adopted by the Congress in October 2012 for the 2013-2016 period are fully in line with the priorities proposed by the Secretary General of the Council of Europe for the whole Organisation, in his speech to the Parliamentary Assembly on 23 January 2013.

6. Reaffirming that, in order to successfully carry out its revitalised statutory mission and implement its new priorities, the Congress needs to be able to count on a sustainable basis for action, which includes an appropriate level of resources.

7. Consequently asks the Committee of Ministers to:

a. acknowledge the efforts made, and results achieved in increasing the efficiency and effectiveness of the Congress in recent years;

b. adopt a 2014-2015 budget of the Congress based upon at least a zero real growth principle as compared to the budget for the biennium 2012-2013;

c. encourage member states to consider funding, by means of voluntary contributions and/or seconded officials, targeted co-operation activities based on the monitoring by the Congress of the implementation of the European Charter of Local Self-Government and on the observation of local and regional elections, as well as on shared Congress / Council of Europe priorities;

d. ensure, through its dialogue with the Congress, consistency between the priorities adopted by the Congress and its budgetary allocations in order to achieve critical mass and impact;

e. note the reaffirmed determination of the Congress to play its part in ensuring the successful reform of the Council of Europe, as the voice of local and regional authorities within the Organisation and the promoter of local autonomy and regional democracy  in Europe and its neighbourhood;

f. continue to involve the Congress fully in the discussions concerning the future of the Organisation and grant it its rightful place in the institutional framework.

24th SESSION

Strasbourg, 19-21 March 2013

Local and regional democracy in Spain

Recommendation 336 (2013)[7]

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 of the Committee of Ministers of the Council of Europe relating to the Congress of Local and Regional Authorities, 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 the above-mentioned Statutory Resolution CM/Res(2011)2, 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) (revised) 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 (ETS No.122);

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 and Resolution 299 (2010) of the Congress on the 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 Spain – Recommendation 121 (2002) and Resolution 147 (2002).

2. The Congress underlines that:

a. Spain became a member of the Council of Europe on 24 November 1977. It signed the European Charter of Local Self-Government (ETS No. 122, hereafter referred to as “the Charter”) on 15 October 1985 and ratified it on 3 February 1988. The Charter entered into force in respect of Spain on 1 September 1988;

b. Spain has declared itself not to be bound by Articles 3.2 of the Charter and has formulated a declaration which reads as follows: “The Kingdom of Spain does not consider itself bound by paragraph 2 of Article 3 of the Charter to the extent that the system of direct suffrage foreseen therein should be implemented in all local authorities falling within the scope of the Charter”;

c. Spain 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), 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), the Additional Protocol to the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities (ETS No.159) or Protocol No. 2 to the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities concerning interterritorial co-operation (ETS No.169);

d. The Congress Monitoring Committee appointed Mr Marc COOLS, Belgium (L, GILD) and Mr Leen VERBEEK, The Netherlands (R, SOC) as rapporteurs and instructed them to prepare and submit to the Congress a report on local and regional democracy in Spain in order to update the latest Resolution 147 and Recommendation 121 (2002);

e. A first visit to Spain (Seville, Toledo and Madrid) took place from 5 to 8 June 2012. The second monitoring visit to Spain took place in Madrid on 14 January 2013;

f. The delegation would like to thank the Permanent Representation of Spain to the Council of Europe, the Spanish authorities at all level of governance, the national association of Spanish municipalities and Provinces (FEMP) and all the persons with whom discussions took place, for their readiness to assist, their interest in the Congress’s work and their cooperation throughout.

3. The Congress notes with satisfaction:

a. That Spain is generally fulfilling its obligations with regard to the Charter;

b. the direct incorporation of the Charter into Spain’s national law, which enables legal interpretation by the domestic courts;

c. the regular working relationship between the Central Government and the FEMP and the existence of a wide variety of instruments for co-operation between the national government and the executives of the autonomous communities;

d. the entry into force of the Law on budgetary stability and financial sustainability of public administration in 2012, which serves to reduce transfers of public resources and strengthen the capacity of public administrations to control their own expenses;

e. the creation in October 2012 of a special Commission to Reform Public Administration, with the scope to eliminate administrative burdens by simplifying rules and procedures, and avoid overlap of competences;

f. the good practices with regard to the right to participate in public affairs at local level;

g. the adoption of the Act No.22/2006 of 4 July 2006 on the Capital Status and Special Regime of Madrid, and the direct reference to the provisions of the Charter in the preamble of this Act.

4. The Congress regrets:

a. the lack of precision concerning the distribution and delegation of competences and responsibilities to local and regional authorities;

b. the overlapping competences among various government levels, which results in a loss of financial resources for local and regional authorities as well as a loss of efficiency of public services delivered to the citizens;

c. the large disparity in the salaries of local elected officials and the reduction of deputies’ allowances in regional parliaments;

d. the transfer of powers to municipalities without adequate financial resources;

e. the inefficient policies and measures with regard to the fiscal autonomy of municipalities, a situation which obliges local authorities to depend on state and regional transfers and not on their own revenues;

f. the difficulties of management of small municipalities and the insufficient financial equalization procedures or equivalent measures to correct the effects of the unequal distribution of financial sources between smaller and larger municipalities;

g. the proposal of streamlining municipalities which is contained in the Government Reform Programme;

h. the lack of progress in the reform of the Senate in order to confer on this institution a real role of territorial representation.

5. The Congress recommends that the Committee of Ministers invite the Spanish authorities to:

a. ensure that the proposed governmental reforms to transform the Spanish administration into a system in which “one competence corresponds to one administration” is conducted in accordance with the principle of subsidiarity; (Article 4.3)

b. continue, during the preparatory work of the bill for the Local Administration Rationalization and Sustainability Act, the dialogue with both the FEMP and with the various Autonomous Communities taking into account, when possible, the institutional and historical features of some of them for the reforms to be adopted; 

c. identify, through the Commission for Reform of Public Administration, concrete measures to eliminate the duplication of competences between different levels of government in order to increase the efficiency of public services; (Article 4.4)

d. revise legislation in order to fix a minimum and maximum threshold for remunerating local elected officials in accordance with Article 7.2 of the Charter and, in the same spirit, to provide rules of remuneration for members of the parliaments of the Autonomous Communities, which will allow them to perform their duties properly;

e. ensure that, in accordance with the legislation, each transfer of powers to local authorities is guaranteed by adequate financial resources; (Article 9.2)

f. boost the fiscal autonomy of municipalities, with the aim of ensuring the sustainability of the financial situation of local authorities, by creating appropriate conditions and policies so that the major form of revenue for municipalities comes from their own resources and not from transfers that are awarded by the regions and by the State; (Article 9.3)

g assure smaller municipalities greater management support from the provincial administration and ensure a system of equalization between municipalities, in order to transfer resources from richer to poorer; (Article 9.5)

h. define in law the relationship between the State, the Conference of Presidents of Autonomous Communities and the FEMP;

i. continue to support local and regional administrations during the governmental reform programme in order to strengthen the capacity of public administration to control their own expenses;

j. ensure that an adequate consultation process is duly organized if the national authorities implement measures to merge municipalities;

k. reform the institution of the Senate with the aim of conferring on this institution a real role of territorial representation;

l. sign and ratify in the near future 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).

6. The Congress invites the Committee of Ministers of the Council of Europe to take into consideration the present recommendation on local and regional democracy in Spain, as well as the explanatory memorandum, in its own monitoring procedures and other activities related to this member state.

24th SESSION

Strasbourg, 19-21 March 2013

Local and regional democracy in Italy

Recommendation 337 (2013)^[8]

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 of the Committee of Ministers of the Council of Europe relating to the Congress of Local and Regional Authorities, 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 the above-mentioned Statutory Resolution CM/Res(2011)2, 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) revised 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 (ETSNo.122);

d. Resolution 299 (2010) of the Congress on the 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. Recommendation 35 (1997) on local and regional democracy in Italy which was adopted by the Congress in June 1997.

2. The Congress underlines that:

a. Italy became a member of the Council of Europe on 5 May 1949. It is a founder member of the Organisation. It signed the European Charter of Local Self-Government (ETS No.122, hereafter referred to as “the Charter”) on 15 October 1985 and ratified it on 11 May 1990. Italy has adopted all the provisions of the Charter with no reservations or declarations;

b. Italy 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), 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), or Protocol No. 2 to the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities concerning interterritorial co-operation (ETS No.169);

c. The Congress Monitoring Committee appointed Mr Knud ANDERSEN (Denmark, R, ILDG) and Mrs Marina BESPALOVA (Russian Federation, L, EPP/CCE) as Co-rapporteurs to monitor local and regional democracy in Italy;

d. The two monitoring visits took place from 2 to 4 November 2011 and from 3 to 5 December 2012. During the visits, the Congress monitoring delegation met representatives of the state institutions (Parliament, Government), the Constitutional Court, the Ombudsmen, local authorities and their associations (for the detailed programme of the visits, please see the appendices);

e. The delegation would like to thank the Permanent Representation of Italy to the Council of Europe, the Italian authorities, the national associations of local authorities and all the persons with whom discussions took place, for their readiness to assist, their interest in the Congress’s work and their cooperation throughout the visits.

3. The Congress notes with satisfaction:

a. the consolidation of the fundamental principle of local self- government in the Italian Constitution;

b. the inclusion, in 2001, of a new chapter (Title V) in the Italian Constitution on Regions, Provinces and Municipalities;

c. the adoption of the law on the funding of local authorities in March 2011, which provides for the allocation of a portion of national taxes to local authorities, to compensate for certain State transfers which had been abolished;

d. the adoption in 2009 of the Law on Fiscal Federalism setting out the fundamental principles for the coordination of public finances and the tax system, as well as the definition of tax equalisation.

4. The Congress regrets:

a. the non-respect of the right of local authorities to manage a substantial share of public affairs under their own responsibility, in the light of Article 3.1 of the Charter;

b. that the principle of direct elections of the officials at the provincial level is called into question with the introduction of indirect elections for provinces within the framework of the ongoing reform (Article 3.2 of the Charter);

c. the reallocation of responsibilities, which ought rightly to be allocated to municipalities, to independent local consortia (Article 4.4 );

d.  the cuts in personnel and the arbitrary character of the financial restriction for the staff of local authorities (“linear cuts”) (Article 6.1);

e. the inadequacy of the financial resources that the local authorities may dispose freely within the framework of their powers, and the fact that these resources are not always commensurate with the responsibilities provided by the law (Article 9.1 and 9.2);

f. the insufficiency of the mechanisms and procedures for financial equalisation at the local and regional levels and the resulting unfairness and financial burdens (Article 9.5);

g. the lack of mechanisms for consultation of local authorities by the government in an appropriate manner, on issues related to the redistribution of financial resources to be allocated to them  (Article 9.6);

h. that only the regions (and not the provinces or municipalities) have the right to commence proceedings in the Constitutional Court.

5. The Congress recommends that the Committee of Ministers invite the Italian authorities to:

a. complete the reform project launched with the constitutional amendments of over a decade ago and continued with legislation in 2009, in order to achieve the declared goals of fiscal federalism (Arts. 4 and 9);

b. guarantee the maintenance of a substantial share of public functions for local and regional authorities, which should be full and exclusive (Art. 3.1);

c. recommit to the democratic value of direct elections in any future structural reform proposals, notably as concerns the provincial level (Art. 3.2);

d. review the scale and effect of shifting responsibilities from municipalities to consortia (Art. 4.4);

e. ensure a sensitive application of cash  saving measures in the public sector and therewith prevent the democracy-denying effects of “linear cuts” with respect to the internal administrative structures and staffing of local authorities (Art. 6);

f. endeavour to match resources to local and regional functions and to ensure the availability of adequate funding to local and regional  authorities (Art. 9.1, Art. 9.2);

g. develop and implement equalisation procedures in order to achieve a functional system of local and regional funding, which is compatible with the Charter (Art. 9.5) as far as local authorities are concerned, and which takes inspiration from the Reference Framework on Regional Democracy, as regards the Italian regions;

h.  improve the mechanisms of consultation with local authorities in the light of Article 9.6 of the Charter;

i. review the law in order to allow the provinces and municipalities with the right to apply, through a representative, to the Constitutional Court;

j.  make further efforts to continue and to reinforce the implementation of  anti-corruption measures, in order to ensure a high level of local and regional democracy;

k. sign and ratify in the near future 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).

6. The Congress invites the Committee of Ministers of the Council of Europe to take into consideration the present recommendation on local and regional democracy in Italy, as well as the explanatory memorandum, in its own monitoring procedures and other activities related to this member State.

         

24th SESSION

Strasbourg, 19-21 March 2013

Local by-elections in Armenia

(9 and 23 September 2012)

Recommendation 338 (2013)^[9]

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’ role in the observation of local and regional elections;

b. the principles of the European Charter of Local Self-Government (CETS No. 122), ratified by the Republic of Armenia on 25 January 2002;

c. to its Recommendation 255(2008) on local elections in Armenia observed on 28 September 2008 and to its Recommendation 277(2009) on the first municipal elections in Yerevan observed on 31 May 2009;

d. to the Joint Opinion of the European Commission for Democracy through Law (the Venice Commission) and the OSCE Office for Democratic Institutions and Human Rights (OSCE/ODIHR) on the Electoral Code of Armenia, adopted on 26 May 2011.^[10]

2. The Congress underlines the importance of genuinely democratic elections and its specific mandate and role in the observation of local and regional elections in Council of Europe member states.

3. It stresses that the Congress observes elections only upon invitation by the countries concerned. Like the monitoring process of the European Charter of Local Self-Government, election observation missions are conceived in a spirit of co-operation and dialogue between the Congress and the country concerned.

4. The Congress notes with satisfaction that a new Electoral Code, containing significant improvements, was adopted on 26 May 2011. The new code introduces the possibility for political parties to appoint candidates to stand for election as mayor or municipal councillor (Article 133) and an increase in the number of municipal councillors in the bigger municipalities.^[11]

5. The Congress acknowledges the progress made since the previous local elections and that the polls were conducted in a calm and orderly manner, with a satisfactory rate of participation.^[12]

6. The Congress nevertheless notes that:

a. the presence of too many people in most of the polling stations visited by the delegation, some of whom were not authorised to remain there, may have disrupted the voting and vote-counting process; the tense atmosphere outside these polling stations was also noted;

b. as a rule the chairs of the local electoral commissions were familiar with the electoral code and electoral practices but that, in some cases, more thorough training is necessary.

7. The Congress regrets the lack of commitment to local governance shown by most of the political parties and the poor media coverage consequently given to these elections.

8. Moreover, with regard to women’s participation, while they were well represented in the polling station committees, the Congress nevertheless regrets that very few women stood for election or were elected as mayors or municipal councillors.

9. Although enough space had generally been set aside for voting in polling stations, the Congress regrets that, despite the provisions of the electoral code, almost all of the polling stations visited by the delegation were inaccessible to people with disabilities.

10. Taking account of the above-mentioned elements, the Congress invites the Armenian authorities to take appropriate measures to:

a. increase women’s participation in local politics^[13] and in particular their access to the posts of mayor and municipal councillor, in particular by encouraging political parties to seize the opportunity provided by the new Electoral Code to appoint candidates to increase the number of women and by offering information and training to women;

b. place emphasis on training and the qualities required by the chairs of local electoral commissions in each polling station;

c. limit the number of people present in polling stations;

d. make practical improvements in the organisation of elections, in particular in vote counting so as to speed up the process ;

e. make all polling stations, the built environment and transport in general accessible and pursue their efforts to ensure that people with disabilities can exercise their right to vote and stand for election, in consultation with the organisations representing them, in keeping with Council of Europe instruments in this field;^[14]

f. create genuine political pluralism through the emergence of an opposition force in order to offer voters a choice of candidates.

11. The Congress also urges the Armenian authorities to take appropriate steps to prevent fraud, namely:

a. by reminding returning officers of the absolute necessity of checking the identity of each voter against their own personal passport;

b. by ensuring that “assistance” is offered to the elderly only if requested and in accordance with their real needs;

c. by systematically punishing practices involving the distribution of money observed in certain polling stations.

12. Finally, the Congress encourages the Armenian authorities to explore, together with the Congress and other partners, the possibilities for improving governance, local self-government and the electoral process, by drawing on the principles set out in the European Charter of Local Self-Government.

24th SESSION

Strasbourg, 19-21 mars 2013

Local elections in Bosnia and Herzegovina 

(7 October 2012)

Recommendation 339 (2013)^[15]

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’ 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 Bosnia and Herzegovina on 12 July 2002.

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 countries.

3. It stresses that the Congress observes elections only upon invitation by the countries. Similar to the monitoring process of the European Charter of Local Self-Government, election observation missions are conceived as activities carried out in dialogue with the respective authorities.

4. In conformity with its Resolution 306(2010) on rules for observing local and regional elections, the Congress underlines the importance of this statutory activity and its complementarity to the political monitoring of the situation of local and regional democracy in Council of Europe member states.

5. The Congress notes with satisfaction that:

a. the local elections held in Bosnia and Herzegovina on 7 October 2012 were generally well-prepared, conducted in an orderly manner and organised in accordance with the standards for democratic elections elaborated by the Council of Europe and other international institutions;

b. following the recommendations made by the Congress in 2008 (Recommendation 256(2008)^[16]), significant progress was made in respect of the overall election management, in particular with regard to: signalling and housing of polling stations, measures preventing the use of mobile phones inside polling stations and voting booths as well as the user-friendly design of ballot papers;

c. the Central Election Commission (CEC) of Bosnia and Herzegovina conducted an informative campaign, with relevant materials and reference texts available on its website and television information spots about the elections and how to vote. Also, manuals for the staff at polling stations and election observers were made available by the CEC and an SMS facility was introduced by which voters could easily locate their polling station with their mobile phone.

6. The Congress is also pleased to note that there was a vivid and competitive election campaign and that there was less violence compared to previous years.

7. At the same time, the Congress has identified issues to be addressed which include:

a. the question of voter registration, notably the scope of liberality of different related provisions (such as allowing registered voters to cast their ballot other than in their constituency and allowing first-time voters, as well as “new residents”, to participate in the elections even if they had not registered within the period stipulated for registration) ;

b. the “tender ballot”-system (for “unconfirmed” or unregistered voters) in particular, for first-time voters; out-of-country voters and “new residents”, which created uncertainty as to voter numbers in certain areas and confusion among the staff at polling stations, particularly at the vote count;

c. the political pervasion of Polling Station Committees whereby members are proposed by the political parties and these same parties also send the domestic observers who should oversee the process and ensure pluralism;

d. the provision conceding assistance to certain voters of reduced capacity which allowed for potential abuse of the ballot by the “assister”.

8. Taking into account the previous comments, the Congress invites the authorities of Bosnia and Herzegovina to take all necessary steps:

a. to revise the existing system of voter registration including the so-called tender ballot system for unconfirmed voters in order to establish clarity, avoid confusion and ensure procedures which are transparent and unchallengeable, not only but particularly in politically sensitive areas ;

b. to take measures to professionalise the electoral process by involving more experienced, competent and well-trained election officials in the management of polling stations and push back party control; consequently, the know-how in election management at state level, notably of the Central Election Commission, should not be disregarded and  efforts should be made to use qualified election officials according to their field of competence;

c. to review the provisions in place for voters who need assistance due to reduced capacity in order to avoid potential abuse of the ballot by the assister and to make more use of the existing system of mobile voting boxes for voters who are incapable of getting to the polling station.

9. In addition, the Congress points to the unsatisfactory situation in the City of Mostar where residents were unable to take part in these local elections, and it encourages all actors to work together constructively to find a  solution so that elections can take place as soon as possible.

10. Furthermore, in order to contribute to the strengthening of grassroots democracy, the Congress encourages the authorities of Bosnia and Herzegovina to reconceive the existing regulation allowing citizens not permanently resident of a municipality to take part in local elections.

11. Being aware of disenchantment with politics in Bosnia and Herzegovina and of the opinion that political apathy could be countered by organising concurrent elections on one day (“Super Sunday”), the Congress points to the experiences of other countries where the concurrent conduct of elections at different levels of government led to local elections being largely overshadowed by the national vote and to organisational challenges for the election administration having to be managed, to a great extent, by the municipalities. Another option chosen by certain Council of Europe member states is to organise different elections in the same year, but not on the same date.

24th SESSION

Strasbourg, 19-21 March 2013

Verification of new members’ credentials

Resolution 352 (2013)^[17]

The Congress:

1. Draws national delegations’ attention to the provisions relating to the term of office of delegates as set out in Article 3.3 of the Congress’ Statutory Resolution, namely that such delegates are appointed for four years and may be withdrawn from the delegation before the end of that term of office only if they have lost their local or regional mandate, resign or have died, regardless of whether local or regional elections have taken place;

2. Reminds all delegates of their obligation to sign a written declaration affirming and stating that they subscribe to the aims and basic principles of the Council of Europe;

3. With regard to Article 4.1 of the Rules of Procedure of the Congress which stipulates that “a member state which has a region or regions with legislative powers must include at least one delegate from one such region in the Chamber of Regions”:

a. notes that this provision has, in the past, been unevenly applied by delegations and not been strictly enforced by the Congress itself;

b. refers to its decision, as part of its reform process, to monitor more closely the application of the provisions laid out in its Charter and Rules of Procedure;

c. reaffirms its intention to continue in this spirit, notably with regard to its verification of credentials of members to ensure that this is done in a systematic and equitable fashion by member states;

d.acknowledges that this exercise has shown that certain member states with regions with legislative powers have encountered serious difficulties in including them in their delegations;

e. thereforemandates its Bureau and relevant committees to examine this issue, in particular in the light of its on-going re-evaluation of levels of governance and membership and representativity criteria with a view to clarifying and, where necessary, refining the criteria pertaining to such regions and proposing a possible revision of the Congress Rules of Procedure;

f. decides that, until the next renewal session in October 2016, delegations not in strict compliance with the specific provisions of Article 4.1 pertaining to regions with legislative powers may, nevertheless, be approved by the Congress upon the Bureau’s proposal.

4. Regrets the absence of a Serbian delegation for the second consecutive session and expresses its hope that the Serbian authorities will shortly be able to come to an agreement on the composition of their delegation, thereby enabling its delegates to play a full role in the Congress’ different bodies.

5. Approves the credentials of the members of the 46 national delegations contained in List I of the 24^th Session.

24th SESSION

Strasbourg, 19-21 March 2013

Congress post-monitoring and post-observation of elections: developing political dialogue

Resolution 353 (2013)[18]

Preamble

The Congress of Local and Regional Authorities of the Council of Europe is a unique institution in Europe with responsibility in respect of local and regional democracy, through monitoring and local election observation in member states of the Council of Europe. These statutory duties of the Congress constitute the basis of further activities including dialogue and co-operation with the national governments and intergovernmental sector, as well as technical co-operation programmes and activities.

In concrete terms, the Congress assesses the implementation of the European Charter of Local
Self Government by means of missions to member States and organises high-quality election observation missions according to recognised international standards. Both activities are based on guidelines adopted by the Congress[19] in order to ensure high professional quality, transparency, comparability and dialogue.

Seeking more impact and effectiveness, the Congress wishes, beyond the adoption of recommendations and resolutions, to pursue political dialogue with national authorities and other relevant stakeholders involved in monitoring and election observation activities, in order to improve the implementation of these adopted texts.

In this perspective, the Congress adopts the following resolution on the development of the political dialogue on post-monitoring/post-election observation.

Activities in the framework of the political dialogue on Congress post-monitoring/post-election observation are subject to the availability of the necessary resources.

1. Referring to:

a. its Resolution 31 (1996) and to Statutory Resolution Res(2011)2 of the Committee of Ministers or the Council of Europe, which reiterates 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 Charter of Local Self-Government are implemented. The same Statutory Resolution states that the Congress shall also prepare reports and recommendations following the observation of local and/or regional elections;

b. Statutory Resolution CM/Res(2011)2 which makes clear that recommendations and opinions of the Congress shall be sent as appropriate to the Parliamentary Assembly and/or the Committee of Ministers as well as to European and international organisations and institutions. Resolutions and other adopted texts which do not entail possible action by the Assembly and/or the Committee of Ministers shall be transmitted to them for their information;

c.its Resolution 307(2010) rev. in which it stresses the importance for the Council of Europe to ensure that the commitments entered into by all its member states are fully honoured;

d. its Resolution 306(2010) which underlines the importance of election observation at local and regional level and its complementarity to the political monitoring process of the European Charter of Local Self-Government which constitutes the cornerstone of local democracy in Europe. It points to the specific role of local and regional elected representatives as observers of territorial votes for  the legitimacy and credibility of the electoral process at local and regional level;

e. the Priorities 2012-2013 proposed by the Secretary General of the Council of Europe and supported by the Committee of Ministers,[20] which stress the need to increase the coherence and effectiveness of monitoring, allowing a better integration of monitoring results into the programme of activities;

2. The Congress:

a. contributes at local and regional level to the fundamental aims of the Council of Europe to foster democracy on our continent;

b. underlines that its recommendations following monitoring and election observation missions addressed by the Committee of Ministers cannot be efficient if not implemented by the authorities of the member state to which the text refers;

c. considers that its political dialogue with national authorities, in the framework of the monitoring process, should be pursued after the adoption of a recommendation, in the form of a post-monitoring dialogue, in order to discuss - together with the authorities - a roadmap to improve local and regional democracy in line with the recommendations addressed to national authorities by the Committee of Ministers;

d. discusses, in the light of the above-mentioned complementarity between monitoring and election observation activities, recommendations resulting from missions to observe local and regional elections in its Monitoring Committee;

e. stands ready, at the request of national authorities, to hold political exchanges of views on the European Charter on Local Self-Government with national authorities and all stakeholders involved in the monitoring process, in order to agree on a roadmap to implement Congress recommendations;

f. is prepared to enter, at the joint request of the Congress and the national authorities, into a post‑election observation dialogue with the national authorities and all stakeholders involved in the electoral process, in order to agree on a roadmap to implement its recommendations resulting from election observation missions;

g. concurs, on the basis of the defined roadmaps, with the relevant departments of the Council of Europe in the field of co-operation activities, aiming at providing input to, if appropriate, action plans or co‑operation programmes;

h. confirms its will to continue contributing to the preparation and implementation of Council of Europe co-operation activities with the member States concerned to make the whole process meaningful and effective. It offers its operational capacities, mainly financed externally, to implement projects to develop and improve local and regional democracy also for activities supported by member States and/or other donors, especially the European Union;

i. carries out, in the framework of the objectives set up in the reform of the Secretary General of the Council of Europe[21]a regular follow-up of the implementation of its recommendations in order to ensure the effectiveness and impact of its monitoring and election observation activities.

Appendix

Rules governing the implementation of political dialogue in the framework of Congress post-monitoring/post-observation of elections pursuant to Resolution 353 (2013)

Pursuant to Resolution 353 (2013), the purpose of the present rules is to define the arrangements for organising the post-monitoring and post-election observation political dialogue with all levels of government of the Council of Europe member states, with the aim of achieving the objective set forth in the aforementioned resolution, namely to pursue a political dialogue with national authorities of member states in order to implement the Congress recommendations addressed to the authorities.

1.         The post-monitoring dialogue

1.1.       The post-monitoring procedure may be carried out at the joint request of the Congress and the national authorities to which the Committee of Ministers addressed a Congress recommendation on local and regional democracy. It shall comprise five phases following the adoption of the recommendation by the Committee of Ministers:

a)   an exchange of views with the Permanent Representative to the Council of Europe of the country concerned;

b)   a political exchange with national authorities and other relevant stakeholders in order to identify the priorities laid down in the adopted recommendation;

c)   the development of a roadmap by the Congress delegation,  in co-operation with national authorities, in order to determine the main steps necessary to implement the recommendations;

d)   a political dialogue with the national authorities in order to agree on a roadmap;

e)   the roadmap will be the basis for developing, if appropriate, an action plan or co-operation programmein association with the other relevant departments of the Council of Europe.

1.2.       Composition of the delegation

The delegation may comprise the monitoring rapporteurs, the Chair of the Monitoring Committee or in case of non-availability of the above-mentioned persons, any Congress member who has a particular knowledge of the given country. In the latter case, the criteria provided by Resolution 307(2010) rev. shall apply.

2.         The post-election observation dialogue

2.1.       The post-election observation procedure may be put into place at joint request of the Congress and the national authorities to which the Committee of Ministers addressed a Congress recommendation on observation of local or regional elections. It comprises the following steps:

a)   an exchange of views with the Permanent Representative to the Council of Europe of the country concerned;

b)   a political exchange with national authorities and other relevant stakeholders in order to identify the priorities laid down in the adopted recommendation;

c)   the development of a roadmap by the Congress delegation in co-operation with national authorities and other relevant stakeholders, in order to decide on major steps necessary to implement the recommendations;

d)   a political dialogue with the national authorities in order to agree on a roadmap;

e)   on the basis of this roadmap, if appropriate, an action plan or co-operation programme, in association with other relevant departments of the Council of Europe, will be developed.

2.2.       Composition of the delegation

The delegation may comprise the Head of delegation/rapporteur – or in case of non-availability of the above-mentioned person(s) – any member of the Congress election observation mission as well as the rapporteur of the Monitoring Committee in charge of the respective country.

24th SESSION

Strasbourg, 19-21 March 2013

Local by-elections in Armenia

(9 and 23 September 2012)

Resolution 354 (2013)^[22]

1. The Congress of Local and Regional Authorities recalls that the Republic of Armenia became a member of the Council of Europe on 25 January 2001.

2. The Congress notes with satisfaction that, in keeping with the European Charter of Local Self-Government (CETS No. 122), which was ratified by Armenia on 25 January 2002, the guiding principles of local self-government are enshrined in the Constitution adopted in 1995 and revised in 2005, as well as in national legislation.

3. It firmly believes that, over and above national election law and regulations it is important that local authorities play their full role in accordance with the principles of local democracy and that they are in a position to ensure effective governance in accordance with the subsidiarity principle and the European Charter of Local Self-Government. 

4. The Congress welcomes the intention of the Armenian authorities to undertake reforms in the area of local democracy, in line with Congress Recommendation 140 (2003) on local democracy in Armenia.

5. The Congress underlines the fact that free and fair elections, at not only national but also local and regional level are an integral part of democratic processes in Council of Europe member States.

6. It takes note of Recommendation XX(2013) regarding the findings of the Congress delegation which observed the local elections in Armenia on 9 and 23 September 2012, and welcomes the fact that members of the EU Committee of the Regions also took part in the observation.

7. It regrets the lukewarm interest shown in the local elections and deplores the fact that, despite the new provision of the electoral law giving political parties the possibility to appoint candidates, the majority of parties have shown little interest in the elections. It believes that municipalities’ low level of own resources might be an obstacle to their political commitment.

8. 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 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 Armenia in matters of local democracy and the honouring of commitments to the European Charter of Local Self-Government;

b. expresses its will and availability to participate in activities aimed at strengthening local democracy and electoral processes in Armenia, through continued political dialogue with the authorities and in co-operation with the Union of local communities of Armenia;

c. is prepared to commit itself to improving local governance in Armenia, and with this in mind, to implement the co-operation projects provided for in the Council of Europe 2012-2014 Action Plan for Armenia.

24th SESSION

Strasbourg, 19-21 March 2013

Local elections in Bosnia and Herzegovina 

(7 October 2012)

                                 

Resolution 355 (2013)^[23]

1. The Congress of Local and Regional Authorities recalls that Bosnia and Herzegovina became a member country of the Council of Europe on 24 April 2002 and ratified the European Charter of Local Self-Government (ECLSG) on 12 July 2002.

2. The Congress refers to its Report CG(22)12^[24]  as well as its Recommendation 324 (2012)^[25] on local and regional democracy in Bosnia and Herzegovina which was adopted at the 22^nd Session in March 2012 and which confirms the general compatibility of the country’s legislation on territorial self-government with the principles of the Charter. It concludes that the legislative framework in Bosnia and Herzegovina and the entities has improved and that judicial protection of local self-government in both entities has increased.

3. It observes with satisfaction that the recommendations made by the Congress on the observation of local elections in Bosnia and Herzegovina on 5 October 2008 have been largely implemented and led to improvements.

4. The Congress reiterates its conviction 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 refers to the explanatory memorandum and the draft recommendation regarding the findings of the Congress delegation which observed the local elections in Bosnia and Herzegovina on 7 October 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 as well as the Code of Good Practice in Electoral Matters (2002) of the Council of Europe Venice Commission, and the Declaration of Principles for International Election Observation (2004), the Congress:

a. asks its Monitoring Committee to take note of the above-mentioned draft recommendation and to take it into account in the framework of its mission to assess the progress made by the country in honouring its commitments to the European Charter of Local Self-Government;

b. invites its Governance Committee to add the investigation of the issue of concurrent organisation of elections at different levels of government (national, regional and local) to its work programme in 2013/14. In this context the committee should also take into consideration current discussions on this matter in the Committee of the Regions of the European Union;^[26]

c. expresses its will to participate in activities aimed at strengthening electoral processes and improving the situation of local and regional democracy in Bosnia and Herzegovina in the framework of the existing post-monitoring dialogue of the Congress.