Strasbourg, 26 March 2009 CDLR(2009)21
Item 5.2.3 on the Agenda
EUROPEAN COMMITTEE ON LOCAL AND REGIONAL DEMOCRACY
(CDLR)
DRAWING-UP OF A REFERENCE FRAMEWORK
ON REGIONAL DEMOCRACY
Secretariat Memorandum
prepared by the Directorate General of
Democracy and Political Affairs
Directorate of Democratic Institutions
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Introduction
At its meeting of 8-10 December 2008 and further to a request from the Ministers’ Deputies, the CDLR adopted an opinion on Congress Recommendation 240(2008) on a Draft European Charter of Regional Democracy. It notably stated the following:
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15. […] Accordingly, the CDLR has come to the conclusion that there is currently not a sufficient degree of shared purpose to envisage such a standard-setting activity being undertaken successfully.
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18. […] In addition, putting in place a reference framework on regional democracy aimed at guiding institutional reforms at regional level could be valuable if this could be achieved quickly – i.e. with the aim of completing it before the next Ministerial conference – and without undue costs or disproportionate administrative burdens. The Congress would be associated with this work.
The CDLR further agreed that the setting up of a reference framework, as mentioned in the opinion, would be entrusted to the LR-IC Committee and based on existing texts and reference tools. The LR-IC Committee at its meeting of 9 February 2009, had an in-depth exchange on the matter and elaborated the approach described in Appendix I (extract from meeting report).
With the aim of taking forward work in this field, the Secretariat suggests the completed methodological approach which appears in Appendix II.
Action required
The CDLR is invited to have an in-depth discussion on the basis of elements presented in Appendices I and II, and to adopt a working procedure and outline for the reference framework on regional democracy in order to allow for the drafting process to be started shortly after the CDLR meeting.
The CDLR is further invited to appoint a Rapporteur on the topic and to give guidance to the Secretariat concerning the organisation of the specific workshop in June, the definite date of which also still needs to be decided.
APPENDIX I
Extract from the LR-IC meeting report (meeting of 9-10 February 2009)
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4. Elaboration of a reference framework on regional democracy
Following an in-depth exchange, the Committee agreed on the following lines of action for the elaboration of a reference framework, to be submitted to the CDLR for adoption at its meeting in April 2009:
- The reference framework should take the form of a non-binding instrument and is to be prepared in close co-operation with the Congress, and in due time to be presented at the Utrecht Ministerial session in November 2009.
- The main aim of this instrument, as decided by the CDLR in December 2008, would be to guide institutional reforms at regional level, also with regard to regions to be newly created. The document to be drawn up should be short and easy to understand, and of a technical nature, i.e. it should not contain any political statements on the importance of regions. It could, however, include procedural aspects with regard to undertaking regional reforms.
- This work is to be carried out in the most efficient manner possible and without taking up too many resources. Methods employed to ensure efficiency could include the appointment of a Rapporteur and the organisation of a workshop. Belgium indicated its readiness to assume the role of Rapporteur for this activity.
- A new questionnaire addressed to member states will not be necessary. The document aimed at should be a synthesis and compilation of existing elements. The elements to be taken into consideration as a basis are:
o the Helsinki principles (2002) which were agreed upon by the Ministers at the 13th session of their Conference;
o Rec(2004)12 of the Committee of Ministers to member states on the processes of reform of boundaries and/or structure of local and regional authorities;
o Rec. 240 (2008) of the Congress to which a Draft European Charter for Regional Democracy is appended (to be taken into account for the "democracy" aspects not addressed in the other two documents).
- The CDLR report on European practice and recent developments in the field of regional self-government presented to the 15th session of the Ministerial conference in 2007 in Valencia could be a reference document with regard to useful practical examples to be highlighted.
The Committee further agreed that the procedure for drawing up the draft reference framework could be the following:
o April : CDLR to formally agree on the procedure and document outline: appointment of a Rapporteur, content of the working documents, organisation of the workshop;
o May: drawing up of a first draft reference framework by the Secretariat, possibly in collaboration with a Rapporteur;
o June: CDLR workshop for interested delegations associating the Congress and open to other CDLR observers (possible date: 17 June after the LR-GG meeting of 15-16 June – to be confirmed);
o September: presentation of a draft reference framework to the CDLR.
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APPENDIX II
In order to allow for the work on the reference framework to be started shortly after the CDLR meeting of April 2009 the Secretariat suggests the following methodological approach, assuming that the basic approach suggested by the LR-IC at its meeting of
9 February 2009 is adopted under all its aspects (character, format, time schedule, reference documents etc.) and taken as a point of departure for work on the future reference framework on regional democracy (see details in Appendix I here above).
- The future reference framework, which could by the way (and for reasons of syntax) henceforth be renamed “reference framework for regional democracy”, shall be a non-binding instrument of the Council of Europe, short and concise (not more than 10 pages), of a technical nature, aimed at guiding institutional reforms at regional level, including setting up of new regions, and covering procedural aspects of regional reforms.
- The Helsinki principles (2002) shall serve as the main source for the reference framework, which will also draw upon:
o Rec(2004)12 of the Committee of Ministers as concerns processes of changes to boundaries and structures of regional authorities;
o the Draft European Charter for Regional Democracy appended to Recommendation 240 (2008) of the Congress as concerns aspects of democracy and governance;
o the CDLR report on European practice and recent developments in the field of regional self-government, for practical examples.
- Mr Paul-Henri Philips (Belgium), who indicated his willingness to take over this role, could be appointed Rapporteur on the reference framework for regional democracy (if this version of its title is retained).
- A first draft for the reference framework will be prepared, according to the outline described above, by the Secretariat, in close collaboration with the Rapporteur, in time for the dedicated workshop to take place on Tuesday 16 June 2009.
- The draft will be reviewed during the workshop in which the Congress is also to partici-pate. Theresulting draft will be presented to the CDLR at its meeting on
21-23 September 2009. The CDLR will establish the final draft for approval at the Ministerial session in Utrecht (16-17 November 2009).