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Strasbourg, 28 August 2009                                                                CDLR(2009)47

Item 6.14 of the agenda

                                                                                                                         

EUROPEAN COMMITTEE ON LOCAL AND REGIONAL DEMOCRACY

(CDLR)

DRAFT UTRECHT DECLARATION

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.


COUNCIL OF EUROPE CONFERENCE OF MINISTERS RESPONSIBLE FOR LOCAL AND REGIONAL GOVERNMENT

16th SESSION - UTRECHT, THE NETHERLANDS, 16-17 NOVEMBER 2009

THE UTRECHT DECLARATION ON GOOD LOCAL AND REGIONAL GOVERNANCE IN TURBULENT TIMES: THE CHALLENGE OF CHANGE

We, the European Ministers responsible for Local and Regional Government, meeting in Utrecht on 16 and 17 November 2009 for the 16th Session of our Conference,

As a further step in our co-operation, have come together to:

1.       decide steps and measures to enhance the work of the Council of Europe in the field of local and regional democracy;

2.       address the impact of the economic downturn on local government and the role of central government in removing obstacles to transfrontier co-operation;

3.       have an occasion to sign two new Council of Europe instruments, the Additional Protocol to the European Charter of Local Self-Government on the right to participate in the affairs of a local authority and Protocol No. 3 to the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities concerning Euroregional Co-operation Groupings (ECGs), as well as to adopt a reference framework for regional democracy; and

4.       adopt the Utrecht Agenda for the work of the Council of Europe in support of our common objective of delivering good local and regional governance to all citizens.

As a result of our 16th session we adopt the following specific declarations and messages:


I. (A) Declaration on the impact of financial/economic crisis on local and regional government

We, the European ministers responsible for Local and Regional government, meeting in Utrecht on 16 and 17 November 2009 for the 16th Session of our Conference,

(To be completed on the basis of the results of the Roundtable on 2 September 2009)

NB: the resulting proposals for future action are to be linked to Utrecht Agenda


I. (B) Declaration on government action to overcome obstacles to transfrontier co-operation, including the Protocol No 3 to the Madrid Outline Convention

We, the European ministers responsible for local and regional government, meeting in Utrecht on 16 and 17 November 2009 for the 16th session of our Conference,

Recalling that the aim of the Council of Europe is to achieve a greater unity between its members,

Witnessing the great contribution that the crossborder and interterritorial co-operation between our local and regional authorities has made to the attainment of this goal,

Recalling the importance of the Madrid Outline Convention and its protocols for creating the conditions under which local and regional authorities can establish and deepen their co-operation,

Grateful to the participants in the Maastricht Conference of 6-7 July 2009 for the wealth of information, experience and suggestions they have gathered and put at our disposal,

 

Having shared information about recent experiences and innovative solutions adopted in individual member States with a view to removing obstacles to transfrontier co-operation and wishing to encourage their dissemination,

Wishing to further contribute to making the border areas of our countries places of contact, dialogue and opportunity, by enhancing the capacities of our local and regional authorities to develop appropriate policies and actions,

Marking the 60th anniversary of the Council of Europe by a commitment to increase the use made of its acquis in the field of transfrontier co-operation and by developing it in a number of priority areas,

Welcoming the adoption by the Committee of Ministers of the Council of Europe of Protocol No 3 to the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities, concerning Euroregional Co-operation Groupings, and its opening for signature at this Conference,

Having exchanged information on recent developments in our respective domestic policies and on examples of bilateral or multilateral co-operation, that may be considered and implemented, as appropriate, at the level of the Council of Europe,

Declare and agree as follows:

I.

Crossborder and interterritorial co-operation between territorial communities or authorities plays a fundamental role in promoting dialogue, mutual understanding as well as social, economic and human development between neighbouring territories of our respective States, thus creating stability and prosperity for our nations. We, ministers for local and regional government in our respective States, have a crucial responsibility in ensuring that our countries adopt and pursue policies that uphold this goal. At this Conference, we have exchanged on our respective policies and experience and have realised how these policies are beneficial to our mutual relationships and our borderlands in particular.


We agree to pursue and develop further at domestic level policies and actions that enable local and regional authorities to co-operate across the borders in their respective fields of responsibility.

We will take care, at both domestic and European level, that legislation and policies do not impinge on crossborder co-operation between territorial communities or authorities and will favour or develop the appropriate mechanisms and procedures for raising the awareness of this both at home and at the appropriate European levels.

II.

Implementing effectively our national policies aimed at facilitating and encouraging crossborder co-operation and initiatives means reviewing existing legislation and practices, identifying legal and non-legal obstacles and changing or suppressing those procedures, requirements and conditions that, directly or indirectly hinder, slow down or de facto render very difficult for local authorities, companies and citizens to co-operate across borders.

We acknowledge that action still needs to be taken at national level with a view to reducing or removing those obstacles and that the Council of Europe Recommendation Rec(2005)2 serves as a valid guideline for doing so.

Sometimes, however, difficulties may result from internal overlapping of competences and responsibilities between national administrations or tiers of government. We heard with interest about the experience of the host country with the “grensmakelaar” or “cross-border mediator” who plays a role as facilitator between the various tiers of government involved in definition of cross-border initiatives.

As far as the capacities of local and regional authorities to design, conclude and implement crossborder co-operation projects are concerned, we are aware that they may be limited, due to a lack of resources, staff, or know how. In some countries, dedicated agencies exist to assist local and regional authorities. At European level, associations also possess different types of expertise which, if shared or made available through networking, could meet the needs of local authorities.

We decide to conduct before the end of 2010 a review of our domestic legislation and practices in the framework of and in the light of the acquis of the Council of Europe – in particular Committee of Ministers’ Recommendations Rec(2005)2 on good practices in, and reducing obstacles to, transfrontier and interterritorial co-operation between territorial communities or authorities, and Rec(2005)3 on the teaching of neighbouring languages – and to make the results of this exercise available, through the CDLR, to the next session of our Conference.


III.

A clear and easy-to-understand legal framework is necessary for the crossborder and interterritorial co-operation between local and regional communities or authorities. Our domestic legal orders often contain appropriate legislation aimed at enabling territorial communities or authorities to engage in co-operation or establish co-operation bodies with neighbouring or remote territorial communities or authorities of other States.

In the framework of the Council of Europe, we have adopted the Madrid Outline Convention which continues to be the key international instrument for enabling territorial communities or authorities to embark in crossborder co-operation. This convention merits to have  all Council of Europe member States being party to it.

We also have developed a new protocol to this Convention on “Euroregional Co-operation Groupings” to supplement existing provisions for similar bodies already in force between Council of Europe member States.

We agree to consider favourably the signature and ratification of this Protocol.

IV.

Even without the formal establishment of co-operation groupings or bodies, we acknowledge that neighbouring territorial communities or authorities should, through dialogue and exchanges of practices, take more and more into account, when designing and implementing their policies and actions, the situation in territories across the border and the impact these policies will have on them. This is already being the case and we see it as a prefiguration of the “crossborder governance” that should take roots at our borders, without entailing any transfer of sovereignty or competence.

We express interest for these developments and are ready to take on board the relevant experience of other States or territorial authorities, with a view to promoting a similar attitude at home.

V.

We have also discussed other actions proposed by colleagues or contained in the conclusions of the Maastricht Conference and have taken them up in the framework of the Utrecht Agenda.


I. (C) Declaration on the Council of Europe Reference Framework for Regional Democracy

We, the European ministers responsible for Local and Regional government, meeting in Utrecht on 16 and 17 November 2009 for the 16th Session of our Conference,

(To be filled in with results of the ongoing work)


II.       DECLARATION ON THE STEPS AND MEASURES TO STRENGTHEN OUR CO-OPERATION FURTHER TO THE REPORT ON “HOW TO ENHANCE THE WORK OF THE COUNCIL OF EUROPE IN THE FIELD OF LOCAL AND REGIONAL DEMOCRACY?” (THE KIVINIEMI REPORT)

We, the European ministers responsible for Local and Regional government, meeting in Utrecht on 16 and 17 November 2009 for the 16th Session of our Conference,

Convinced that 60 years after its establishment the Council of Europe continues to play an essential role for the benefit of the citizens of Europe by seeking to achieve greater unity between its member States in the interest of safeguarding and further realising democracy and good governance, human rights and the rule of law;

Convinced that intergovernmental co-operation which continues to lie at the heart of the Council of Europe’s work requires not only the engagement of our colleagues responsible for foreign affairs but also of ministers with domestic responsibility for public affairs pertaining to democracy and good governance, human rights and the rule of law;

Determined to step up co-operation in the Council of Europe between ourselves as well as between the governments we represent by making full use of the structures and bodies for intergovernmental co-operation that it provides;

Convinced that in order to optimise the benefits of intergovernmental co-operation for our citizens a new and invigorated strategic partnership is required between the Committee of Ministers and Conferences of specialised ministers such as our own;

Having examined in depth and with great interest the Report by our colleague Mrs Mari Kiviniemi (Finland) “How to enhance the work of the Council of Europe in the filed of local and regional democracy”;

Convinced by the conclusions and recommendations of our colleague Mari Kiviniemi that if they are to add value for citizens and achieve the strategic aims intended by the Warsaw Summit of Heads of State and Government, the objectives and activities of the Council of Europe in the field of local and regional democracy and good governance need:

a. strong ownership by member States,

b. efficient co-operation with other international players,

c. increased organisational flexibility and efficiency,

d. opening up.

Accordingly,

A.        WE DECLARE that:

1.       Such strong ownership necessitates that member States are committed to their objectives and activities and that the Ministers responsible for local and regional government in each member State collectively lead and own the Council of Europe’s agenda in this field.


2.       It is essential that the Council of Europe agenda in this field is on the basis of maximising cooperation with other international players, avoiding duplication, and ensuring that the maximum outputs are achieved for the resources member States input to the agenda.

3.       The greatest possible organisational flexibility and efficiency across the whole of the Council of Europe should be sought throughout this agenda having regard to the need for achieving the greatest value for money in the use of public resources.

4.       The work of the Council of Europe in the field of local and regional democracy deserves to be better known and an active communication policy should be developed in order to maximize its impact on member States and civil society.

B.        WE AGREE the following:

Having regard to the fundamental importance of democracy and governance issues for the mission of the Council of Europe

(a)      to request the Committee of Ministers at its session in May 2010 to establish an enhanced “strategic partnership” with our Conference and to set up with our Bureau a joint ministerial taskforce to develop concrete proposals for this partnership in time for our 17th session in 2011;

(b)      to undertake, and to invite the Congress of Local and Regional Authorities to join with us and our representatives, a review of:

-        the present situation of the functioning of co-operation between the Congress and the inter-governmental sector with a view to securing high quality outcomes and facilitating each other's work so that projects can be dealt with swiftly and without excessive inter- and intra-institutional to-ing and fro-ing,

 

-        the Congress's monitoring work in respect of the European Charter of Local Self-Government and the Helsinki principles with particular attention to the aspects of systematisation, priority setting, follow-up and NGOs’ involvement;

(c)      to invite the Congress to work with us and our representatives, having regard to the outcomes of the above reviews, towards:

         

-        developing the Council of Europe's local and regional democracy agenda which should, as far as possible, reflect a common understanding between the Congress and ourselves,

-        establishing the modalities for conducting periodic evaluations by external experts of the functioning of the work for the promotion of local and regional democracy, both from the political and the administrative perspective;


In order to improve the effectiveness of our international co-operation, we shall review working methods and enhance communication channels at domestic level, so that:

(a)      relevant “line” ministries are informed about and if appropriate contribute to our work on local and regional democracy and colleagues responsible for foreign affairs are fully briefed about the local and regional democracy issues on the Committee of Ministers’ agenda in order that appropriate instructions can be given;

(b)      in our ministries, appropriate synergies are developed and parallelisms are avoided when we shall discuss issues related to local and regional democracy as members of international organisations and structures;

(c)      in the various international organisations and structures of which our countries are members, a coherent approach is adopted and information between member States about possible implications before decisions are taken in these other fora is exchanged.

In the spirit of the Memorandum of Understanding between the Council of Europe and the European Union

-        to invite the European Commission to share information with the Council of Europe on respective approaches to good governance and to make use of the Council of Europe’s know-how in the design of programmes and initiatives pertaining to local and regional democracy and good governance;

In order to enhance the visibility and transparency of our work

-        to encourage the European Committee on Local and Regional Democracy to develop, in partnership with our respective ministries, a comprehensive communication strategy that enhances visibility and transparency, seizing the opportunities that modern information technologies provide;

In order to give full effect to the Kiviniemi report

-        to take the additional steps and measures set out in the Annex;

C.         WE THANK our colleague Ms Mari Kiviniemi for her outstanding report and the important contribution that she has thus made to the improvement of the quality and effectiveness our co-operation.


III.      THE UTRECHT AGENDA FOR DELIVERING GOOD LOCAL AND REGIONAL GOVERNANCE (2010-2013)

We, the European ministers responsible for Local and Regional government, meeting in Utrechton 16 and 17 November 2009 for the 16th Session of our Conference,

General considerations

United in the pursuit of our common objective to deliver good local and regional governance to all our citizens, agreed at Budapest in February 2005 and endorsed by the Third Summit of Heads of State and Government of the Council of Europe in Warsaw (16-17 May 2005);

Convinced that achieving our objective requires each of our member States to have a system of local and, where established, regional government made up of a framework that meets the requirements of the European Charter of Local Self-Government and the Helsinki principles, and of individual local and regional authorities which enjoy the right of local/regional self-government and provide good democratic governance to all citizens;

Convinced also that these systems must be regularly reviewed and adjusted to changing needs;

Facing turbulent times which generate the apparently contradictory situation in which available resources are under pressure whilst the necessity to move towards our objective is further increased;

Convinced that intergovernmental co-operation through the Council of Europe not only allows us to establish this common objective but also enables us to enhance collectively our individual efforts towards achieving it;

Highlighting in particular that the Council of Europe and its intergovernmental programme of activities in the field of local and regional democracy and good governance provide:

-          a common acquis of standards and knowledge as well as mechanisms for          maintaining and further developing them,

-      mechanisms for the exchange of information and good practice,

-      programmes for legislative and policy assistance to governments,

-      programmes and tools for capacity building by local and regional authorities,

-      the Strategy for Innovation and Good Governance at Local Level,

-      the European Local Democracy Week and other promotional activities,

-      a framework for developing new working methods, reviewing results and guiding future work.


Highlighting furthermore the potential for dialogue, interaction and co-operation with local and regional authorities across the continent through the Congress of Local and Regional authorities and recalling the steps and measures we have agreed in this respect further to the Kiviniemi report;

Review of activities and results

Having reviewed the results achieved under the Budapest Agenda over the years 2005-2009, the way in which our other initiatives, i.e. the Centre of Expertise for Local Government Reform, the Strategy for Innovation and Good Governance at Local Level and the European Local Democracy Week, have been taken forward as well as the results of the legislative and policy assistance programmes, in particular those further to the regional conferences of Zagreb (2004) and Skopje (2006),

Considering that we are satisfied with:

-      the results achieved under the Budapest Agenda and drawing particular attention to the following outputs prepared by the European Committee on Local and Regional Democracy (CDLR):

(list of highlights to be determined)

-      the way in which our initiatives for the Centre of Expertise for Local Government Reform, the Strategy for innovation and good governance at local level and the European Local Democracy Week have been taken forward;

(further elaboration possible)

-      the results of the legislative and policy assistance programmes, in particular those further to the regional conferences of Zagreb (2004) and Skopje (2006);

(further elaboration possible)

Noting however that our efforts to disseminate, promote and put to use in our member States the normative and knowledge acquis of the Council of Europe in the field of local and regional democracy have fallen short of our ambitions and need to be significantly stepped up in future years;

Future work

Considering that because we are primarily responsible for local and regional government within our respective member States it is essential that we collectively own and lead the full range of activities of the Council of Europe’s intergovernmental programme of activities in the field of local and regional democracy; 

Having held an exchange of experience on issues of local and regional democracy and good governance in Europe and having taken note with particular interest of the report we requested at our 15th session in Valencia on developments on citizen participation in member States covering also the integration of foreigners in local life;


Having discussed and reviewed the wide range of challenges we currently face in achieving our objective of delivering good local and regional governance in our individual member States;

Drawing on the results of the Enschede Conference (2-3 April 2009) on “Innovation for Good Local and Regional Governance – a European challenge”, and the Maastricht Conference (6-7 July 2009) on “Practical Approaches towards Effective European Transfrontier Co-operation”;

Having expressed our individual positions on the challenges we face to our respective systems of local and regional democracy and on the priority in the actions to be taken; (see Addendum)

(the Addendum will contain the full collection of voting bulletins);

A.        IDENTIFY the following as the challenges shared between us to the greatest extent:

(to be completed on the basis of the vote (I))

B.        IDENTIFY the following as actions with the highest common priority:

(to be decided on the basis of the vote (II))

C.         AGREE that:

-        we all will individually pursue the objective of delivering good local and regional governance in our respective member States whilst contributing to and making use of the Council of Europe and its work to the greatest possible extent;

-        we will within the Council of Europe pursue the following five strands of action:

-        the Strategy for Innovation and Good Governance at Local Level and the Twelve principles of good democratic governance at local level,

          -        capacity-building at local and regional level through the Centre of                             Expertise for Local Government Reform,

          -        legislative and policy assistance and co-operation programmes, 

          -        the European Local Democracy Week,

          -        the work of the European Committee on Local and Regional Democracy.

D.        INSTRUCT our representatives in the European Committee on Local and Regional Democracy (CDLR) to:

-        draw up at the committee’s meeting in Spring 2010 a concrete programme of activities for the years 2010-2013 that reflects the priority we have given to the challenges and to the actions to be taken and determines outputs that meet the highest possible level of support;

-              take forward the development of peer reviews as a new instrument for mutual learning between our member States;


-        keep under review the other activities of the Council of Europe in the field of local and regional democracy and good governance and to report to our  Bureau and our next session;

E.         REQUEST

the Committee of Ministers to adopt annual intergovernmental programmes of activities for the Council of Europe’s in the years 2010-2013 enabling the full implementation of this Utrecht Agenda.


Appendix

Further steps and measures to be taken

in follow up to the Kiviniemi Report

As concerns strong ownership by member States

i.        to make greater use of the Council of Europe’s acquis, tools and services in the field of local and regional democracy and good governance;

ii.       to designate from our respective ministries representatives of sufficient seniority and capacity – both in substance and working languages – to sit in the intergovernmental co-operation bodies, share information, enter into negotiations and make commitments, as the case may be;

iii        to let our representatives to take on the function of rapporteur (adviser) in multi-lateral activities where their know-how of, and experience in national policies and intergovernmental co-operation alike can be put to fruition ;

iv.      to ensure continuity between the sessions of our Conference and to this end, to establish a bureau that will act in support of the implementation of our declarations and participate in the joint ministerial taskforce for the strategic partnership between the Committee of Ministers and our Conference;

v.       to appoint (up to seven ministers) to this Bureau and [...] as chair and […] as vice-chairs;

vi.      to consider favourably providing the additional resources necessary for hosting meetings of the European Committee on Local and Regional Democracy, its sub-committees and other events in our respective countries;

vii.      to step up the dialogue with our respective national delegations to the Congress of Local and Regional Authorities to ensure mutual awareness about issues and positions, for example through meetings prior to the Congress sessions;

viii.     to ensure that in our dialogue with national associations of local and regional authorities, the Council of Europe and its acquis and work are taken fully into account;

ix.      to give positive consideration to requests for the secondment of competent officials to the Council of Europe Secretariat and to facilitate the organisation by the Council of Europe of dedicated summer/winter schools for officials and representatives from local and regional government;


As concerns the efficient cooperation with other international players:

x.       to ensure that the Council of Europe and its member States are kept informed of the work relevant to local and regional democracy we undertake individually and with others in other international organisations and structures;

xi.      to promote, as members of other international organisations and structures to which we respectively belong, partnerships and co-operation between the Council of Europe and the OECD as concerns local and regional finance, the European Union as concerns Eurostat, its regional policy and its partnerships and initiatives, the OSCE and UNDP;

xii.      to make use of - and strongly encourage other actors in our respective member States, including our colleagues of foreign affairs, to make use of - the Council of Europe’s experience and know-how – which includes the Centre of Expertise for Local Government Reform - when considering and designing assistance programmes in the field of local and regional democracy and good governance;

As concerns organisational flexibility and efficiency:

xiii.     to enter into discussions with our respective colleagues of foreign affairs and the Committee of Ministers about introducing in the Council of Europe true multi-annual budgets and decentralisation of responsibilities in order that the best possible use be made of available resources for chosen priorities;

As concerns opening up:

xiv.     to promote the involvement of civil society in the work of the Council of Europe in the field of local and regional democracy and good governance, particularly as it leads to concrete action at local level and to invite the Conference of INGOs to promote awareness about the procedures and structures for the involvement of NGOs;

xv.     to aim towards making the Council of Europe’ expertise available for use outside of its borders, once its performance in serving the needs of member States enables and allows it to do so.