Strasbourg, 11 August 2009                                                                     CDLR(2009)28

                                                                                              Item 5.1 of the agenda

                                                                                                                      

EUROPEAN COMMITTEE ON LOCAL AND REGIONAL DEMOCRACY

(CDLR)

IDENTIFICATION OF TOPICS AND ISSUES THAT WOULD BE APPROPRIATE FOR INCLUSION IN A POSSIBLE
ADDITIONAL PROTOCOL TO THE ECLSG  

Secretariat Memorandum

prepared by the

Directorate General of Democracy and Political Affairs

Directorate of Democratic Institutions

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

Congress Recommendation 228(2007) on a draft additional protocol to the European Charter of Local Self-Government was adopted on 20 November 2007. At the request of the Ministers’ Deputies, the CDLR delivered its opinion, adopted at its 41^st meeting (CDLR(2008)30 final, appendix 5). Further to this opinion, the Ministers’ Deputies at their 1036th meeting on 16 September 2008 requested the CDLR :

“To examine whether there are topics and issues that would be appropriate for inclusion in a possible additional protocol to the European Charter of Local Self-government, taking into account the elements prepared by the Congress of Local and Regional Authorities on this matter, and if so, to identify them, providing justification for their inclusion in an additional protocol.”

The deadline for the implementation of the ad hoc terms of reference was set at 31 December 2009.

At the request of the CDLR, the LR-GI and LR-GR Committees examined the topic and came to the conclusion that a questionnaire to member States would be appropriate. At its 42^nd meeting, the CDLR agreed with this proposal and adopted the questionnaire setting 27 February 2009 as deadline for replies (CDLR(2008)68 final).

At its 43^rd meeting, the Committee agreed on a further questionnaire (Appendix I) to clarify the views of member States and decided to return to this issue at the present meeting, with a view to adopting an opinion for the Ministers’ Deputies (CDLR(2009)24).

The replies to the questionnaire are summarised in the table appended (Appendix II).

Action required

The CDLR is invited to examine the replies submitted by member states and in the light thereof draw up a reply to the Committee of Ministers.

APPENDIX I

QUESTIONNAIRE

(such as adopted by the CDLR at its 43^rd meeting on 22-24 April 2009)

The Ministers’ Deputies at their 1036th meeting on 16 September 2008 gave ad hoc terms of reference to the European Committee on Local and Regional Democracy (CDLR):

“To examine whether there are topics and issues that would be appropriate for inclusion in a possible additional protocol to the European Charter of Local Self-government, taking into account the elements prepared by the Congress of Local and Regional Authorities on this matter[1], and if so, to identify them, providing justification for their inclusion in an additional protocol. “.

These terms of reference shall expire on 31 December 2009.

Questions

The CDLR invites its members to reply to the following questions:

1. Has your government identified any appropriate topic and/or issue for inclusion in a further additional protocol[2] to the European Charter of Local Self-government? Please answer by ticking the one of the three boxes below that most accurately describes the position of your government.

2. If so, please identify it/them and provide justification for its/their inclusion in a further additional protocol.

3. Please tick the box if associations of local authorities in your country have been consulted on questions 1 and 2. 

APPENDIX II

SUMMARY OF REPLIES