Strasbourg, 11 March 2014                                                                   CDDG(2014)5

                                                                                             Item 5 of the agenda

EUROPEAN COMMITTEE ON DEMOCRACY AND GOVERNANCE

(CDDG)

REFERENCE TEXT ON THE EXISTING PRINCIPLES AND STANDARDS OF DEMOCRACY

For action

Secretariat Memorandum

prepared by the

Directorate of Democratic Governance

Democratic Institutions and Governance Department

This document is public. It will not be distributed at the meeting. Please bring this copy.

Ce document est public. Il ne sera pas distribué en réunion. Prière de vous munir de cet exemplaire.

Introduction

The Terms of Reference adopted by the Committee of Ministers establishing the European Committee on Democracy and Governance, instruct the CDDG:

“on the basis of a comprehensive document by the Secretariat, advise the Committee of Ministers on the necessity, purpose, scope, feasibility and budgetary and workload implications of the preparation of a reference text bringing together existing principles and standards of democracy, intended for programming purposes and, if the advice is positive and the Committee of Ministers agrees, prepare such a draft reference text;”

In short, the CDDG must advise the CM on the “necessity, purpose, scope, feasibility and budgetary and workload implications” of preparing a reference text on the principles and standards of democracy in 2014.

For the CDDG to deliver such an opinion the Secretariat has undertaken some ground work in advance of the first plenary meeting of the CDDG. A preliminary stocktaking of existing standards and established principles on democracy with a view to identifying a comprehensive list of source materials has been carried out.  This research has focused on texts adopted or approved by the Committee of Ministers, such as Council of Europe treaties, recommendations and resolutions, Parliamentary Assembly and Congress’ resolutions, reports and conclusions delivered by the Council of Europe Commissioner for Human Rights, texts adopted by the Venice Commission and will also include reference to case law of the ECtHR and other relevant sources.

On the basis of this research, the Secretariat has sought to group the source materials around key themes and principles that might form the core of any reference text.  This stocktaking paper will be shared with other institutional actors such as the Venice Commission, and presented to the CDDG at its first meeting in April 2014 for debate and guidance.

As regards the advice stricto sensu, the Committee of Ministers requests that it focus on the following.

a.    Necessity

In particular following the Third Summit in Warsaw in 2005, the work of Council of Europe is to pursue its core objective of preserving and promoting human rights, democracy and the rule of law.  The European Convention on Human Rights, the first instrument to give effect and binding force to key human rights, serves as the foundation for Council of Europe activities to preserve and promote human rights. 

While key principles of democracy figure in many key texts adopted and approved by the different organs of the Council of Europe, they are not set out in a single text.  Would the bringing of these principles and standards together and reaffirming them in a single authoritative document be helpful or even necessary in the current climate where democratic systems are increasingly fragile due to numerous factors (increasing disillusionment with political institutions and processes, risk of erosion of democratic practices and reduced legitimacy of democratic institutions, confusion between participation and democratic representation, growth of extremism)?

Having regard to its statutory mission[1] it can be argued that such a reference text would be helpful in order to guide the Council of Europe’s future operational work, to assist in fixing priorities and ensure greater consistence and coherence in its programmes, notably the work of the Directorate General of Democracy. The difficult process of translating shared values into operational activities designed to preserve and promote democracy in and across member States will be greatly facilitated by a common reference text.

b.    Purpose

The purpose of the exercise would be to bring together in a single reference text the core standards and principles of the Council of Europe in the field of Democracy.  This reference text will then be used to frame and guide future activities and programmes, particularly those piloted by DGII - Democracy. 

c.    Scope

The ultimate scope of the document will be for the Committee of Ministers to decide based on advice given by the CDDG.  However, the document could also be useful for member States individually, as a reference for national authorities when steering through reforms in response to the many political and societal challenges European countries are facing now and in the years ahead.

The practical value of the text will not necessarily be limited to the Council of Europe area; it may also prove useful for sharing democratic values with emerging democracies in other regions such as the Southern and Eastern neighbourhood.

d.    Feasibility

The framework exists within the Secretariat to prepare the initial groundwork for the exercise and, should a decision to that effect be taken by the Committee of Ministers, the intergovernmental structure (CDDG) would also offer the appropriate forum in which to draw up such a reference text.

e.    Budgetary and workload implication

The framework and resources exist within the Secretariat to prepare the initial stocktaking report for the CDDG.  This report should also look into the broader implications for the Secretariat and the CDDG of drawing up the “reference text” (in terms of workdays, meetings, induced costs, etc.).

At this stage, the CDDG is asked to consider how to address the questions from a. to e. with a view to adopting, at its next meeting in 2014, the advice requested by the Committee of Ministers.

In view of the above, it is suggested that the CDDG set up an open ended working party of member States’ representatives[2] and instruct it to carefully examine, on the basis of a comprehensive report to be prepared by the Secretariat, the topics mentioned in the Terms of Reference and to prepare a reasoned (draft) opinion. Other Council of Europe bodies and departments within the Secretariat could be invited to take part in or contribute to this work.

The working party could meet twice in the course of 2014. The CDDG would examine the draft opinion and adopt it at its second meeting in 2014.

Action required

The CDDG is invited to agree on the setting up, composition and mandate of a working party entrusted with drawing up draft advice to the Committee of Ministers on the Reference Text on Democracy, as per its Terms of Reference.