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Strasbourg, 10 August 2009                                                                    CDLR(2009)53

                                                                                               Item 11 of the agenda

EUROPEAN COMMITTEE ON LOCAL AND REGIONAL DEMOCRACY

(CDLR)

DRAFT TERMS OF REFERENCE OF THE CDLR

AND THE SUB-COMMITTEES

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

This document contains the draft terms of reference for the European Committee on Local and Regional Democracy (2010-2012) and of the three CDLR sub-committees (2010): Committee of Experts on good democratic governance at local and regional level (LR-GG), Committee of Experts on local and regional government institutions and co-operation (LR-IC) and Committee of Experts on finance and public services at local and regional level (LR-FS).

The members of the CDLR are invited to express their preference in the questionnaire appearing in appendix V and to submit their replies to the Secretariat, at latest, on Monday 21 September, in the afternoon.

The Committee is invited to consider the draft terms of reference with a view to submitting them afterwards for approval by the Committee of Ministers.

On the basis of the agreed procedure (see CDLR Handbook 2008, pp 119-121), the Bureau will, at the meeting, on Monday 21 September 2009, make a proposal for the reimbursement of seats in committees.

Action required

The Committee is invited to approve the terms of reference for the CDLR and its three sub-committees (LR-IC, LR-GG and LR-FS), including as concerns the attribution of reimbursement of seats.

 


APPENDIX I

European Committee on Local and Regional Democracy (CDLR)

Fact Sheet

Name of committee

European Committee on Local and Regional Democracy (CDLR)

Compliance with Resolution Res 2005)47

YES

The CDLR agreed however that (i) documents requiring a decision should be sent at least two weeks in advance and (ii) the report of the CDLR plenary meetings be adopted at the end of the meeting itself, whereas the reports of all sub-committees are prepared after the meeting (within three weeks) and sent out in draft form to members for approval by written procedure

Programme of Activities: project(s)

Programme III.1.2 – “Local and regional democracy”; Projects :

 - 2008/DGDPA/1397 – “Sound institutional framework for local and regional democracy”;

- 2009/DGDPA/1980 – “Centre of Expertise for Local Government Reform”;

- 2009/DGDPA/1969 – “Strategy for Innovation and Good Governance at Local Level”.

Project relevance

1. Third Summit Action Plan: Chapter 1.3 – “Strengthening democracy, good governance and the rule of law in member states”.

2. Contribution to core values: The committee’s work contributes to reinforce the action capacities of local governments in member states and consequently, democracy, good governance and respect of the rule of law in member states.

3. Political justification/framework: Council of Europe Conference of Ministers responsible for Local and Regional Government and Ministerial Declarations: Budapest (2005), Valencia (2007) and Utrecht (2009).

4. Consolidation, promotion, implementation of Council of Europe standards: The CDLR develops and keeps up to date intergovernmental standards in the field of the local and regional democracy (conventions and recommendations), promotes them and evaluates their impact, in close collaboration with other bodies (Congress, PACE).

5. Relevance to Council of Europe country strategies and country-specific needs:  Member States make use and conform to Council of Europe standards in the field of the local and regional democracy.


Project added value

1. Council of Europe as leading agency, most important facilitator: The Council of Europe is the only international organisation in Europe where governments co‑operate on local and regional democracy.

2. Project covering “new ground”: Local and regional democracy is not a new phenomenon but it is constantly evolving and presenting new challenges to respond to.

3. Possibility of partnerships with other International Organisations:

Partnerships with OECD on local and regional finance and with EU in line with the Memorandum of Understanding.

4. Avoiding duplication: The replies to the questionnaire examined by the GT-REF.INST (to the pilot study on the relevance of steering committees: GT-REF.INST(2009)1 final) don’t mention any serious institutional overlap with the work of other organisations. The Council of Europe (CDLR) is the only international body having explicit expertise in the field of local and regional democracy and providing the member states with information and dissemination of good practice.

Financial information

Two plenary meetings (all member states) and two bureau meetings (7 members) per year: estimated budget per year €110.400.


Terms of reference of the European Committee on Local and Regional Democracy (CDLR)

1.

Name of committee:

EUROPEAN COMMITTEE ON LOCAL AND REGIONAL DEMOCRACY (CDLR)

2.

Type of committee:

Steering Committee

3.

Source of terms of reference:

Committee of Ministers

4.

Terms of reference:

-

-

Having regard to:

Resolution Res(2005)47 on committees and subordinate bodies, their terms of reference and working methods;

the Warsaw Declaration and Action Plan adopted at the Third Summit of Heads of State and Government of the Council of Europe (16-17 May 2005), in particular its Chapter 1.3 – “Strengthening democracy, good governance and the rule of law in member states”;

-

the Budapest Declaration adopted by the European Ministers responsible for Local and Regional Government on 25 February 2005 which established delivering good local and regional governance as an essential objective to be pursued by Council of Europe member States;

-

-

the Utrecht Declaration and Agenda adopted by the European Ministers responsible for Local and Regional Government on 17 November 2009;

the intergovernmental acquis of the Council of Europe in the field of local and regional democracy and in particular the European Charter of Local Self-Government, the European Outline Convention on Transfrontier Co-operation of Territorial Communities or Authorities and the Protocols thereto and the Convention on the Participation of Foreigners in Public Life at Local Level,

i.

ii.

iii.

iv.

v.

vi.

vii.

Within the framework of the Programme of Activities, under Programme III.1.2 – “Local and regional democracy”, the Committee is instructed to:

Pursue the implementation of the Budapest Declaration, Utrecht Declaration and Agenda in accordance with the Intergovernmental Programme of Activities established by the Committee of Ministers;

Advise the Committee of Ministers on questions concerning local and regional democracy;

Maintain and develop dialogue with the Congress, Parliamentary Assembly and Conference of  INGO’s on issues of common concern in the field of local and regional democracy;

Participate, through its designated representatives, in the Stakeholders’ Platform on the Strategy for Innovation and Good Governance at Local Level;

Participate, through its designated representative, in the Advisory Board of the Centre of Expertise for Local Government Reform;

Participate, through its designated representatives, in the Joint Working Group (with Congress) on the European Local Democracy Week;

Prepare the sessions of the Council of Europe Conference of Ministers responsible for Local and Regional Government and ensure the follow up thereto, having regard to the relevant decisions of the Committee of Ministers.

5.

Composition of the Committee:

5.A.

Members

Governments of member states are entitled to appoint representatives of the highest possible rank in the administration(s) dealing with local and regional government, competent in such areas as local finance, institutional relationship between central state administration and intermediate tiers of government, citizen participation, transfrontier co-operation.

The Council of Europe budget will bear the travel and subsistence expenses of one representative from each member state (two in the case of the state whose representative has been elected Chair)

5.B.

Participants

i.

The Parliamentary Assembly may send representatives to meetings of the Committee, without the right to vote and at the charge of its administrative budget;

ii.

The Congress of Local and Regional Authorities of the Council of Europe may send representatives to meetings of the Committee, without the right to vote and at the charge of its administrative budget;

iii.

The Conference of INGOs of the Council of Europe may send (a) representative(s) to meetings of the Committee, without the right to vote and at the charge of the sending body.

5.C

Other participants

i.

The European Commission may send representatives to meetings of the Committee without the right to vote or defrayal of expenses;

ii.

The states with observer status with the Council of Europe (Canada, Holy See, Japan, Mexico, United States of America) may send a representative to meetings of the Committee without the right to vote or defrayal of expenses;

iii.

The following intergovernmental organisations may send a representative to meetings of the Committee without the right to vote or defrayal of expenses:

- United Nations Economic Commission for Europe (UN/ECE),

- Organisation for Economic Co-operation and Development (OECD),

- Office for Democratic Institutions and Human Rights (ODIHR-OSCE).

5.D.

Observers

The following non-governmental organisations may send a representative to meetings of the Committee without the right to vote or defrayal of expenses:

- United Cities and Local Government (UCLG),

- Council of European Municipalities and Regions (CEMR),

- Assembly of European Regions (AER),

- International Federation for Housing and Planning (IFHP).

6.

Working Methods and Structures

The CDLR elects a seven member Bureau. It may, within the limits of budgetary appropriations, have recourse where appropriate to consultants.

7.

Duration

These terms of reference will expire on 31 December 2012.


APPENDIX II

Committee of Experts on good democratic governance at local and regional level

(LR-GG)

Fact Sheet

Name of Committee:

Committee of Experts on good democratic governance at local and regional level (LR-GG)

Compliance with Resolution Res(2005)47:

YES

Programme of Activities: project(s)

Programme III.1.2 – “Local and regional democracy”;  
Project 2008/DGDPA/1397 – “Sound institutional framework for local and regional democracy”

Project relevance:

Action Plan of the Third Summit : Chapter 1.3 – “Strengthening democracy, good democratic governance and the rule of law in member states” :

pursue, in partnership with the Parliamentary Assembly and the Congress of Local and Regional Authorities of the Council of Europe, intergovernmental co-operation on democracy and good democratic governance at all levels;“

Contribution to core values: The committee’s work contributes to reinforce the action capacities of local governments in member states and consequently, democracy, good governance and respect of the rule of law in member states.

Additional criteria:

1. Political justification/framework: Council of Europe Conference of Ministers responsible for Local and Regional Government and Ministerial Declarations: Budapest (2005), Valencia (2007) and Utrecht (2009).

2. Consolidation, promotion, implementation of Council of Europe standards: The CDLR develops and keeps up to date intergovernmental standards (conventions and recommendations), promotes them and evaluates their impact. The LR-GG committee prepares future standards, policy and tools as well as being instrumental in their implementation and evaluation.

3. Relevance to Council of Europe country strategies and country-specific needs: The committee contributes to the Council of Europe’s acquis in the field of local and regional democracy, which is indispensable for assistance programmes.

Project added value:

1. The Council of Europe as leading agency, most important facilitator: The Council of Europe is the only international organisation in Europe where governments co-operate on local and regional democracy. The questions relating to good governance at local level dealt with the LR-GG committee are discussed in many member states.

2. Projects covering ‘new ground’: The LR-GG committee works to exchange views, identify good practices, develop new standards, policies and tools to strengthen good democratic governance at local and regional level, as well as to facilitate its implementation in and by member states.

3. Avoiding duplication:

No duplication exists within or outside the Council of Europe.

Financial information:

The LR-GG (…members) meets once, or if necessary, twice a year.

The estimated budget per year (two meetings) is about €…: €…(experts costs) + €7 800 (interpretation costs) + €8 000 (translation costs) + €600 (production of documents costs).


Terms of reference of the Committee of Experts on good democratic governance at local and regional level (LR-GG)

1.

Name of Committee:

Committee of Experts on good democratic governance at local and regional level (LR-GG)

2.

Type of Committee:

Committee of Experts

3.

Source of terms of reference:

Committee of Ministers, on the proposal of the European Committee on Local and Regional Democracy (CDLR)

4.

Terms of reference:

-

-

-

-

Having regard to:

Resolution Res(2005)47 on committees and subordinate bodies, their terms of reference and working methods;

the Warsaw Declaration and Action Plan adopted at the Third Summit of Heads of State and Government of the Council of Europe (16-17 May 2005), in particular its Chapter 1.3 – “Strengthening democracy, good governance and the rule of law in member states”;

the Utrecht Declaration and Utrecht Agenda adopted by the European Ministers responsible for Local and Regional Government on 17 November 2009;

The Committee, under the authority of the European Committee on Local and Regional Democracy (CDLR), and in relation with the implementation of project 2008/DGDPA/1397 “Sound institutional framework for local and regional democracy” of the Programme of Activity, is instructed to:

assist the CDLR in the implementation of all activities relating to good democratic governance at local and regional level.

5.

Membership of the Committee:

5.A.

Members

Governments of member states are entitled to appoint representatives of the highest possible rank and with particular work experience in the field of good democratic governance and in the light of items appearing on its agenda.   

The Council of Europe budget will bear the travel and subsistence expenses for one representative for each of the following …member states:

5.B.

i.

ii.

Participants

The Congress of Local and Regional Authorities of the Council of Europe may send representatives to meetings of the Committee, without the right to vote and at the charge of its administrative budget.

The Conference of INGOs of the Council of Europe may send representatives to meetings of the Committee, without the right to vote and on the charge of the sending body.

5.C.

i.

ii.

iii.

Other participants

The European Commission may send representatives to meetings of the Committee, without the right to vote or defrayal of expenses.

The states with observer status with the Council of Europe (Canada, Holy See, Japan, Mexico, United States of America) may send representatives to meetings of the Committee, without the right to vote or defrayal of expenses.

The following intergovernmental organisations may send representatives to meetings of the Committee, without the right to vote or defrayal of expenses:

- Organisation for Economic Co-operation and Development (OECD),

- United Nations Specialised Agencies.

5.D.

Observers

The following non-governmental organisations may send representatives to meetings of the Committee, without the right to vote or defrayal of expenses:

- Assembly of European Regions (AER),

- Council of European Municipalities and Regions (CEMR).

6.

Working methods and structures:

The Committee may have recourse, where necessary, to the services of consultants within the limits of available budgetary appropriations.

7.

Duration:

These terms of reference will expire on 31 December 2010.


APPENDIX III

Committee of Experts on local and regional government institutions and co-operation (LR-IC)

Fact Sheet

Name of Committee:

Committee of Experts on local and regional government institutions and co-operation (LR-IC)  

Compliance with Resolution Res(2005)47:

YES

Programme of Activities: project(s)

Programme III.1.2 – “Local and regional democracy”;  
Project 2008/DGDPA/1397 – “Sound institutional framework for local and regional democracy”

Project relevance:

Action Plan of the Third Summit: Chapter 1.3 – “Strengthening democracy, good democratic governance and the rule of law in member states” :

“pursue, in partnership with the Parliamentary Assembly and the Congress of Local and Regional Authorities of the Council of Europe, intergovernmental co-operation on democracy and good democratic governance at all levels; “

Contribution to core values: The committee’s work contributes to reinforce the action capacities of local governments in member states and consequently, democracy, good governance and respect of rule of law in member states.

Additional criteria:

1. Political justification/framework: Council of Europe Conference of Ministers responsible for Local and Regional Government and Ministerial Declarations: Budapest (2005), Valencia (2007) and Utrecht (2009).

2. Consolidation, promotion, implementation of Council of Europe standards: The LR-IC committee assists the CDLR in the development and update of intergovernmental standards (conventions and recommendations), policy and tools as well as being instrumental in their promotion and the evaluation of their impact.

3. Relevance to Council of Europe country strategies and country-specific needs: The committee contributes to the Council of Europe’s acquis in the field of local and regional democracy, which is indispensable for assistance programmes.

 


Project added value:

1. The Council of Europe as leading agency, most important facilitator: The Council of Europe is the only international organisation in Europe where governments co-operate on local and regional democracy. The institutional and co-operation questions dealt by the LR-IC committee are very topical in many member states.

2. Projects covering ‘new ground’: The LR-IC committee works to exchange views, identify good practices, develop new standards, policies and tools on questions that are considered topical by member states as regards the legal framework, the institutional structure and transfrontier co-operation of local and regional government.

3. Possibility of partnerships with other international organisations: Benelux Union and Association of European Border Regions (AEBR) on transfrontier co-operation; Assembly of European Regions (AER) on regional self-government; Council of European Municipalities and Regions (CEMR) on institutional aspects and citizen participation.

4. Avoiding duplication: No duplication exists within or outside the Council of Europe. The intergovernmental work of the LR-IC is entirely complementary with the work of the Congress, which treats the questions of local and regional democracy from the local and regional authorities’ point of view.

Financial information:

The LR-IC (…members) meets once, or if necessary, twice a year.

The estimated budget per year (two meetings) is about €…: €… (experts costs) + €7 800 (interpretation costs) + €8 000 (translation costs) + €600 (production of documents costs).


Terms of reference of the Committee of Experts on local and regional government institutions and co-operation (LR-IC)

1.

Name of Committee:

Committee of Experts on local and regional government institutions and co-operation (LR-IC)

2.

Type of Committee:

Committee of Experts

3.

Source of terms of reference:

Committee of Ministers, on the proposal of the European Committee on Local and Regional Democracy (CDLR)

4.

Terms of reference:

-

-

-

-

Having regard to:

Resolution Res(2005)47 on committees and subordinate bodies, their terms of reference and working methods;

the Warsaw Declaration and Action Plan adopted at the Third Summit of Heads of State and Government of the Council of Europe (16-17 May 2005), in particular its Chapter 1.3 – “Strengthening democracy, good governance and the rule of law in member states”;

the Utrecht Declaration and Utrecht Agenda adopted by the European Ministers responsible for Local and Regional Government on 17 November 2009;

The Committee, under the authority of the European Committee on Local and Regional Democracy (CDLR) and in relation with the implementation of project 2008/DGDPA/1397 “Sound institutional framework for local and regional democracy” of the Programme of Activity, is instructed to:

assist the CDLR in the implementation of all activities relating to the legal framework, institutional structure and transfrontier co-operation of local and regional government.

5.

Membership of the Committee:

5.A.

Members

Governments of member states are entitled to appoint representatives of the highest possible rank and with particular work experience in the fields of competence of the committee, having regard to its agenda. 

The Council of Europe budget will bear the travel and subsistence expenses for one representative for each of the following … member states: …

5.B.

i.

ii.

Participants

The Congress of Local and Regional Authorities of the Council of Europe may send representatives to meetings of the Committee, without the right to vote and at the charge of its administrative budget.

The Conference of INGOs of the Council of Europe may send representatives to meetings of the Committee, without the right to vote and on the charge of the sending body.

5.C.

i.

ii.

iii.

Other participants

The European Commission may send representatives to meetings of the Committee, without the right to vote or defrayal of expenses.

The states with observer status with the Council of Europe (Canada, Holy See, Japan, Mexico, United States of America) may send representatives to meetings of the Committee, without the right to vote or defrayal of expenses.

The following intergovernmental organisations may send representatives to meetings of the Committee, without the right to vote or defrayal of expenses:

- Benelux Union,

- Organisation for Economic Co-operation and Development (OECD),

- United Nations Specialised Agencies.

5.D.

Observers

The following non-governmental organisations may send representatives to meetings of the Committee, without the right to vote or defrayal of expenses:

- Assembly of European Regions (AER),

- Association of European Border Regions (AEBR),

- Council of European Municipalities and Regions (CEMR),

- International Federation for Housing and Planning (IFHP).

6.

Working methods and structures:

The Committee may have recourse, where necessary, to the services of consultants within the limits of available budgetary appropriations.

7.

Duration:

These terms of reference will expire on 31 December 2010.


APPENDIX IV

Committee of Experts on local and regional  finance and public services (LR-FS)

Fact Sheet

Name of Committee:

Committee of Experts on local and regional finance and public services (LR-FS)

Compliance with Resolution Res(2005)47:

YES

Programme of Activities: project(s)

Programme III.1.2 – “Local and regional democracy”;  
Project 2008/DGDPA/1397 – “Sound institutional framework for local and regional democracy”

Project relevance:

Action Plan of the Third Summit: Chapter 1.3 – “Strengthening democracy, good democratic governance and the rule of law in member states”:

“pursue, in partnership with the Parliamentary Assembly and the Congress of Local and Regional Authorities of the Council of Europe, intergovernmental co-operation on democracy and good democratic governance at all levels; “

Contribution to core values: The committee’s work contributes to reinforce the action capacities of local governments in member states and consequently, democracy, good governance and respect of the rule of law in member states.

Additional criteria:

1. Political justification/framework: Council of Europe Conference of Ministers responsible for Local and Regional Government and Ministerial Declarations: Budapest (2005), Valencia (2007) and Utrecht (2009).

2. Consolidation, promotion, implementation of Council of Europe standards: The CDLR develops and keeps up to date intergovernmental standards (conventions and recommendations), promotes them and evaluates their impact. The LR-FS committee prepares future standards by its in-depth activities in the fields of financial management, resources and public services at local and regional level.

3. Relevance to Council of Europe country strategies and country-specific needs: The committee contributes to the Council of Europe’s acquis in the field of local and regional democracy, which is indispensable for assistance programmes.


Project added value:

1. The Council of Europe as leading agency, most important facilitator: The Council of Europe is the only international organisation in Europe where governments co-operate on local and regional democracy. The questions relating to local and regional finance, performance management and relations with the private sector are very topical aspects of good democratic governance in many member states.

2. Projects covering “new ground”: The LR-FS committee works to exchange views, identify good practices, develop new standards, policies and tools on questions that are considered topical by member states as regards finance and public services at local and regional level.

3. Possibility of partnerships with other international organisations: OECD Fiscal Decentralisation Initiative, OECD Fiscal Relations Network, World Bank Institute on local and regional finance questions.

4. Avoiding duplication: No duplication exists within or outside the Council of Europe. The Congress is a participant in the LR-FS.

Financial information:

The LR-FS (…members) meets once, or if necessary, twice a year.

The estimated budget per year (two meetings) is about €...: €... (experts costs) +€7 800 (interpretation costs) + €8 000 (translation costs) + €600 (production of documents costs).


Terms of reference of the Committee of Experts on local and regional finance and public services (LR-FS)

1.

Name of Committee:

Committee of Experts on local and regional finance and public

services (LR-FS)

2.

Type of Committee:

Committee of Experts

3.

Source of terms of reference:

Committee of Ministers, on the proposal of the European Committee on Local and Regional Democracy (CDLR)

4.

Terms of reference:

-

-

-

-

 

Having regard to:

Resolution Res(2005)47 on committees and subordinate bodies, their terms of reference and working methods;

the Warsaw Declaration and Action Plan adopted at the Third Summit of Heads of State and Government of the Council of Europe (16-17 May 2005), in particular its Chapter 1.3 – “Strengthening democracy, good governance and the rule of law in member states”;

the Utrecht Declaration and Utrecht Agenda adopted by the European Ministers responsible for Local and Regional Government on 17 November 2009;

The Committee, under the authority of the European Committee on Local and Regional Democracy (CDLR) and in relation with the implementation of project 2008/DGDPA/1397 “Sound institutional framework for local and regional democracy” of the Programme of Activity, is instructed to:

assist the CDLR in the implementation of all activities relating to finance and public services at local and regional level.

5.

Membership of the Committee:

5.A.

Members

Governments of member states are entitled to appoint representatives of the highest possible rank and with particular work experience in the fields of competence of the Committee and in the light of the items appearing on its agenda.

The Council of Europe budget will bear the travel and subsistence expenses for one representative for each of the following … member states: …

5.B.

i.

ii.

Participants

The Congress of Local and Regional Authorities of the Council of Europe may send representatives to meetings of the Committee, without the right to vote and at the charge of its administrative budget.

The Conference of INGOs of the Council of Europe may send representatives to meetings of the Committee, without the right to vote and on the charge of the sending body.

5.C.

i.

ii.

iii.

Other participants

The European Commission may send representatives to meetings of the Committee, without the right to vote or defrayal of expenses.

The states with observer status with the Council of Europe (Canada, Holy See, Japan, Mexico, United States of America) may send representatives to meetings of the Committee, without the right to vote or defrayal of expenses.

The following intergovernmental organisations may send representatives to meetings of the Committee, without the right to vote or defrayal of expenses:

- Organisation for Economic Co-operation and Development (OECD),

- United Nations Specialised Agencies.

5.D.

Observers

The following non-governmental organisations may send representatives to meetings of the Committee, without the right to vote or defrayal of expenses:

- Assembly of European Regions (AER),

- Council of European Municipalities and Regions (CEMR),

- International Federation for Housing and Planning (IFHP).

6.

Working methods and structures:

The Committee may have recourse, where necessary, to the services of consultants within the limits of available budgetary appropriations.

7.

Duration:

These terms of reference will expire on 31 December 2010.


APPENDIX V

Reimbursement request form

COUNTRY …………………………………

Committee of experts for which the reimbursement of expenses is requested

(in order of priority, 1 being the highest priority)

Committee

Priority

Committee of experts on local and regional government institutions

and co-operation (LR-IC)

Committee of experts on good democratic governance at local and regional level (LR-GG)

Committee of experts on local and regional finance and public services

(LR-FS)

Signature…………………………………………