Strasbourg, 18 January 2010                                                                        CDLR-Bu(2010)1

Item 3 of the agenda

BUREAU OF THE

EUROPEAN COMMITTEE ON LOCAL AND REGIONAL DEMOCRACY

(CDLR)

DECISIONS OF THE COMMITTEE OF MINISTERS

CONCERNING THE CDLR

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

The following table sets out the decisions concerning the CDLR taken by the Committee of Ministers since the last CDLR meeting of 21-23 September 2009. Only the decisions and texts in respect of which the CDLR is required to produce an output are appended to this document. All documents referred to may also be found on the Committee of Ministers web site.

Date and meeting

CM decision in respect of CDLR

Reference document

Proposed action by CDLR

1069th meeting,
4 November 2009

(item 12.1.b)

Congress of Local and Regional Authorities of the Council of Europe - b. 17th Plenary Session of the Congress (Strasbourg, 13-15 October 2009) – Texts adopted

The Deputies agreed to forward it to the European Committee on Local and Regional Democracy (CDLR) for information and possible comments before 15 February 2010:

-     the Recommendation 270 (2009) – “Transfrontier co-operation in Europe”

-     the Recommendation 273 (2009) – “Equal access to local and regional elections”

-     the Recommendation 274 (2009) – “E-democracy: opportunities and risks for local authorities”

-     the Recommendation 276 (2009) – “Improving indoor air quality: a new challenge for local authorities”

-     the Recommendation 278 (2009) – “Regions with legislative powers: towards multi-level governance”

-     the Recommendation 279 (2009) –“Overindebtedness of households: the responsibility of regions”

CM/Del/Dec(2009)1069

Appendix I

The Bureau is to take note and to make possible comments.   

1073rd meeting,
9 and 14 December 2009

(item 2.3)

European Committee on Local and Regional Democracy (CDLR)

Decisions

The Deputies

1. endorsed the opinion of the CDLR that governments currently have no interest to engage in developing provisions for a further additional protocol to the European Charter of Local Self-Government and agreed to inform the Congress accordingly;

2. adopted the terms of reference of the CDLR and approved the terms of reference of its subordinate committees LR-GG, LR-IC and LR-FS, as they appear at Appendices 4 to 7 to the present volume of Decisions;

3. having regard to the decisions above, took note of the abridged report of the 44th meeting of the CDLR, as it appears in document CM(2009)151 rev, as a whole.

CM/Del/Dec(2009)1073

The Bureau is to take note.


APPENDIX I

Congress of Local and Regional Authorities of the Council of Europe

17 th PLENARY SESSION

Strasbourg, 13-15 October 2009

Transfrontier co-operation in Europe

Recommendation 270 (2009)

1. Transfrontier co-operation between local and regional authorities is an important part of the Council of Europe's work to promote democratic stability and good neighbourliness between states and regions and thus the Organisation's values of democracy, rule of law, respect for human rights, including minorities' rights, and the safeguard of cultural diversity. It is a key political task for the Council of Europe that needs to be implemented at regional/local level in partnership with the national bodies in each area.

2. Since the Congress' last report on the subject[1], the state of transfrontier co-operation in Europe has changed decisively. Efforts towards cross border co-operation have been intensified considerably; the Committee of Ministers adopted Recommendation (2005)2 on good practices in and reducing obstacles to transfrontier and international co-operation between territorial communities or authorities; the "Matching Opportunities for Regions in Europe – MORE" Project was set up to assist local and regional authorities in their transfrontier co-operation; the Parliamentary Assembly of the Council of Europe adopted Recommendation 1829 (2008) on transfrontier co-operation; the Congress launched two Euroreigons.

3. The face of Europe has evolved over the years. Borders between the European Union member states have come down and following its enlargement, new EU external borders have come into being. An increased number of Council of Europe member states are now part of this European Union borderless space however political borders still exist between many others.

4. Organised and implemented by local and regional authorities, transfrontier co-operation is exercised by those authorities closest to the citizens in full respect of the principles of subsidiarity and partnership. Thanks to this proximity, co-operation is centred around the preoccupations of the authorities, citizens and structures in those areas and can deal with the specific issues encountered by border regions.

5. The specific knowledge and competencies of other local actors such as NGOs, local businesses, trades unions and other structures are the foundations for transfrontier co-operation. They contribute to the social-cultural and economic development of border regions, for example through the setting up of activity centres, exchange of innovative ideas, jointly funded research.

 

6. Borders can divide areas with a common culture just as they can divide areas with different cultures. Where cultures are different, transfrontier co-operation can bring these together to meet within border areas giving rise to exchanges between groups with different ethnic, cultural, religious and linguistic backgrounds thus contributing to social and cultural integration, mutual trust and a culture of tolerance which can be but beneficial in the prevention of conflicts.

7. Transfrontier co-operation thus contributes to greater social, economic and territorial cohesion in Europe.

8. Different funding programmes from the European Union (EU), such as the Interreg Programme, the European Neighbourhood and Partnership Instrument (ENPI) and the Instrument for Pre-Accession Assistance (IPA), make an important contribution to the successful implementation of cross border co-operation programmes.


9. For its part, the Congress is convinced of the contribution transfrontier co-operation can make to European integration, to the economic development of European regions, to strengthening social and territorial cohesion, to promoting the active participation of all citizens, as well as to intercultural dialogue.

10. Moreover, the Congress notes the successful results of cross border co-operation programmes and projects which deal with problems specific to border regions, and the long standing co-operation between other cross border structures such as in the Upper Rhine area. It has itself launched its own Euroregional initiatives, namely the Adriatic Euroregion and the Black Sea Euroregion. The Congress also notes other transfrontier co-operation initiatives such as the European Union Strategy for the development of the Danube Regions, as well as its Baltic Sea Strategy.

11. The Congress welcomes the on-going commitment of the Parliamentary Assembly to transfrontier co-operation (Recommendation 1829 (2008)).

12. Consequently, the Congress invites the Committee of Ministers to:

a. include, in its intergovernmental programme of activities, consideration of the difficulties encountered by border regions in day-to-day affairs which are specific to those regions by virtue of their position at national borders, for example the provision of cross border healthcare, the status of transfrontier workers and social security cover, emergency response mechanisms, etc.

b. support exchanges between experts and of advice in line with the report's recommendations.

13. Invites the governments of Council of Europe member states to:

a. promote the conclusion of bi- or trilateral agreements and arrangements as foreseen in Article 1 of the Madrid Outline Convention, and provide financial instruments conducive to the setting up of transfrontier co-operation projects;

b. to support the setting up of legal entities, based on international law, between regional and local self-government authorities, in border regions. Such entities can contribute to solving cross border problems while operating according to the law of their respective countries.

c. support Euroregions or similar structures as successful tools for transfrontier co-operation;

d. actively promote transfrontier co-operation and encourage and enable local and regional authorities to enter into agreements where the need arises in particular by reducing obstacles in accordance with Recommendation Rec(2005)2 of the Committee of Ministers to member states on good practices in and reducing obstacles to transfrontier and inter-territorial co-operation between territorial communities or authorities;

e. work towards generally facilitating border crossing by local citizens, transfrontier workers, business representatives, and others who are required to regularly cross borders in their daily activities. This can be done by such measures as, for example, allowing a more flexible allocation of visas, ie long term or multiple; visa deliverance outside of capital cities (eg the case of Strasbourg which is entrusted to issue identity cards and passports thanks to an agreement with the French state authorities); additional crossings accessible to people living and working around borders; accelerated customs clearance procedures; or single shared buildings at checkpoints;

f. be aware that issues tackled at national level can take on a specificity of their own at cross border level, for example the situation of minorities, provision of healthcare services, employment, transport, infrastructure, and, where feasible, formulate national policies in these fields in co-ordination with the local and regional authorities concerned;

g. sign and ratify the Protocol n° 3 to the Madrid Outline Convention on Euroregional Co-operation Groupings;

h. guarantee national part-funding of transfrontier co-operation projects.


14. Urges the European Ministers responsible for Local and Regional Government, who will meet in Utrecht (Netherlands) in November 2009, to reflect on ways of furthering and supporting transfrontier co-operation through the conclusion of inter-state agreements, the setting up of legal and administrative frameworks and the provision of funding.

15. Requests the European Commission explore the possibility of implementing joint co-operation between the Council of Europe and the European Union programmes for supporting transfrontier co-operation projects through the EU's Interreg Programme, the European Neighbourhood and Partnership Instrument (ENPI) and the Instrument for Pre-Accession Assistance (IPA). This approach should be integrated, from the outset, into the concept of the future territorial cohesion policy.

*   *   *

17 th PLENARY SESSION

Strasbourg, 13-15 October 2009

Equal access to local and regional elections

Recommendation 273 (2009)

The Congress,

1. Having regard to Article 2, paragraph 1.b., of Statutory Resolution (2000)1 relating to the Congress of Local and Regional Authorities of Europe, which stipulates that one of the objectives of the Congress is “to submit proposals to the Committee of Ministers in order to promote local and regional democracy”, and to Article 2-3 of Statutory Resolution (2007)6 of the Committee of Ministers;

2. Recalling that the fundamental principles of democratic participation of everyone in decision-making have been enshrined by the Council of Europe in a number of legal and political instruments, which form a common set of standards on democracy for Europe as a whole;

3. Considering the European Charter on Local Self-Government, particularly its Preamble and Article 3 which states that local councils or assemblies shall be composed “of members freely elected by secret ballot on the basis of direct, equal, universal suffrage (…)”;

4. Referring to its Explanatory Memorandum on equal access to local and regional elections;

5. Recommends that the Committee of Ministers urge the governments of member states:

a. to invite the Congress of Local and Regional Authorities to monitor local and regional elections in their countries to ensure that the requirements for equal access to local and regional elections, are met ;

b  to achieve equal representation of each sex, to establish an electoral system at local and regional level ensuring that men and women alternate on lists (with a minimum of 1 to 3), with financial penalties in the event of non-compliance, and to enable the under-represented sex to attain positions of responsibility within the executive bodies of municipalities and regions;

c. to grant the right to vote and stand in local elections to all residents legally residing for at least three years on their territory, irrespective of their origin ;

 

d. to invite local and regional authorities to ensure the availability of electoral material in a regional or minority language and to give the right to candidates from minority groups to use their mother tongue in the pre-electoral campaign in order to guarantee equal access to local and regional elections to members of a minority group;


e. to assist local and regional authorities in implementing, and taking part in, awareness-raising campaigns especially addressed to young people, and in supporting local initiatives for local youth councils, in order to promote their participation in the decision making process at local level;

f. to stimulate the creation of secure alternative forms of access to the polls such as postal, proxy voting or secure e-voting systems;

g. to review their domestic legislation in order to ensure that no provisions remain in place which would impede the registration of political parties and candidates, and to guarantee transparency and fairness in the financing of electoral campaigns at local and regional levels;

h. to guarantee, by appropriate domestic regulations, fair and balanced media coverage (TV, radio and newspapers) of all candidates in local and regional electoral campaigns, notably under the supervision of local or regional independent authorities;

i. to ensure special assistance by the local and regional authorities be provided to voters with physical and sensory impairments, those with mobility problems, learning disabilities or dyslexia. Alternative measures, and specific arrangements in polling stations should be provided on election day to enable them to exercise their right to vote;

6. Requests that the Committee of Ministers call on all member states to give appropriate follow-up to its Recommendation (2003)3 on balanced participation of women and men in political and public decision making, as well as the Parliamentary Assembly Recommendation 1674 (2004) on women’s participation in elections, in which states have been asked to take special measures to stimulate and support women’s will to participate in political and public life, by introducing parity measures (such as, for example the implementation of quotas) in order to bring a change in attitudes and to stimulate and support women’s willingness to participate in political and public life.

*   *   *

17 th PLENARY SESSION

Strasbourg, 13-15 October 2009

E-democracy: opportunities and risks for local authorities

Recommendation 274 (2009)

1. The development of information and communication technologies (ICTs) offers local authorities exciting new opportunities to connect with their voters, to improve the effectiveness and transparency of their work.  By introducing electronic democracy (e-democracy) applications, local authorities can increase participation and voter engagement and  improve the quality of life at local level.

2. Citizens are making increasing use of ICTs for political mobilisation and debate. Local authorities need to seize the opportunities offered by this new reality, to keep abreast of developments and to embrace the new facilities available to them.

3. E-democracy, although still in its infancy, is evolving rapidly. While there are no clear-cut models to be adopted, important lessons have already been learnt and there are clear principles to be applied.

4. The strength of democracy lies in the level of participation in the political process. The uptake of technology is an opportunity to widen that participation. Care must be taken that it does not at the same time create new groups of marginalised citizens.

5. E-democracy is largely a bottom-up phenomenon, with much of the activity happening at the local level. However, the application of technology to democratic processes at the local level has implications for democratic practice at all levels.

6. In the light of the above the Congress,

a.  bearing in mind the conclusions of the 2008 Forum for the Future of Democracy (Madrid, 17-18 October 2008),


b. bearing in mind the work of the Council of Europe Ad Hoc Committee on Electronic Democracy (CAHDE),

c.  bearing in mind its own reports recommendations on e-democracy, notably:

- Young people and new information and communication technologies: a new opportunity for local   democracy [Resolution 207(2006)];

 

- E-tools: a response to the needs of local authorities [Recommendation 248 (2008) and Resolution 266 (2008)];

- Electronic democracy and deliberative consultation on urban projects [Recommendation 249(2008) and Resolution 267(2008)];

- The digital divide e-inclusion in the regions [Recommendation 263 (2009) and Resolution 282 (2009);

d. bearing in mind Parliamentary Assembly Recommendation 1860(2009) and Resolution 1653(2009) on electronic democracy,

7. Recommends that the Council of Europe Committee of Ministers:

a. give follow-up to the Madrid Forum for the Future of Democracy, encouraging public bodies at all levels to make use of ICTs to consult citizens;

b. pursue the work begun by the CAHDE, examining the potential of e-democracy for improving the quality of local democracy,  increasing capacity building and promoting civil society initiatives in this area;

8. Recommends that the Council of Europe Committee of Ministers call on member States to:

a. recognise the positive contribution that e-democracy applications can make to all areas of local governance;

b. support and encourage local initiatives in e-democracy;

c. assist local authorities in implementing the recommendations contained in the accompanying resolution on e-democracy by:

- providing central services of tools and resources to local authorities;

- facilitating exchanges of experiences;

- taking due account of the risks and barriers to e-democracy and developing good practices for local authorities to manage them;

d. use European Local Democracy Week to pursue and promote new e-democracy experiments.

e. promote research on the potential health risks associated with the use of information and communication technologies, particularly among young people.

*  *   *

17 th PLENARY SESSION

Strasbourg, 13-15 October 2009

Improving indoor air quality: a new challenge for local authorities

Recommendation 276 (2009)

1. The threat from indoor pollution has been grossly underestimated by both public authorities and civil society. Policies, research and resources have mostly focused on atmospheric pollution even though numerous studies point out that indoor air is likely to be more than twice as polluted as outdoor air. This is all the more preoccupying as modern lifestyles mean that Europeans spend up to 90% of their lives indoors.


2. The Congress of Local and Regional Authorities of the Council of Europe asks public authorities at all levels of governance to meet their responsibilities to guarantee a healthy and sustainable environment for all. A new paradigm is required which defines clean air policies, taking into account total air exposure, both indoor and outdoor air. Moreover, there is also a need for greater recognition of the links between policies on the environment, health, energy, transport, spatial planning and agriculture. 

3. The Congress notes with satisfaction that many local authorities are already undertaking ambitious programmes to improve indoor air quality which go beyond the scope of existing legislation. Such initiatives highlight the need for new regulations which would extend existing legislation on air pollution to include indoor pollution and which define quantifiable targets for all types of pollutants.

4. Any environmentally responsible policy must be developed in collaboration with all stakeholders; air quality regulations can only be truly effective if they are understood and endorsed by both public authorities and by the people they are meant to protect.

5. Information on the extent and impact of the threat from indoor pollution is insufficient. This lack of reliable data makes it difficult for public authorities to properly assess the dangers and implement appropriate solutions. It also leaves citizens unsure of how best to protect themselves from risk. Local authorities are particularly well-placed to protect the public and make them more aware of the issues at stake and more able to take informed decisions.

6. Creating a healthy indoor environment is beneficial as it leads to improved health and productivity. Furthermore, experience shows that taking strong and early action to regulate the use of indoor pollutants can, in the end, be less expensive than the harm caused through inaction.

7. The Congress calls for a strong commitment from international intergovernmental organisations in the fight against indoor pollution and the health risks it causes. In this regard, it notes the lead taken by the World Health Organisation in recognising the significance of indoor pollution and welcomes its publication on Guidelines for Indoor Air Quality.

8. It also welcomes the Council of Europe Parliamentary Assembly Recommendation on “Environment and health: a better prevention of environment-related hazards”, in particular its focus on new emerging pathologies and on the need for early detection procedures, monitoring and prevention measures regarding indoor air quality.

9. It supports the Parliamentary Assembly’s initiative to promote a sustainable and healthy environment and the recommendation to elaborate an additional protocol to the European Convention on Human Rights which recognises the right to a healthy environment. The Congress commits itself to make an active contribution to the work which will be carried out in this respect.

10. The Congress invites the Committee of Ministers of the Council of Europe to ask member states to:

a. extend their policies on atmospheric pollution to include indoor air and, in cooperation with territorial authorities and NGOs, draw up programmes on indoor air quality. These programmes could focus on regular monitoring of indoor air and new emerging risks; on setting up environmental indicators and health-based guidelines; and on the development of specific labelling of materials, particularly for construction, decorating and maintenance;

b. facilitate, in collaboration with local authorities, the provision of reliable and targeted information on indoor air quality thereby raising public awareness on the noxious effects of pollutants found in indoor spaces;

c. foster ambitious research and development programmes which encourage innovation and technological progress to develop safer and more ecological products, thereby making preventative approaches practicable at all levels of governance.

11. The Congress recommends that the Committee of Ministers of the Council of Europe ask the European Commission to:


a. support local authority actions and pilot projects which address indoor pollution, and encourage an exchange of good practices and multidisciplinary research on this issue;

b. extend the scope of the REACH Regulation concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals, to ensure that they all sufficiently regulated, regardless of their place of production.

*  *   *

17 th PLENARY SESSION

Strasbourg, 13-15 October 2009

Regions with legislative powers: towards multi-level governance

Recommendation 278 (2009)

1. The Council of Europe lays great store by the strengthening of local and regional democracy in particular as it is at local and regional levels, in application of the principles of subsidiarity and proximity, where democracy is closest to citizens. Regional democracy is a strong element of constitutional checks and balances, especially in federated states, and a guarantee for democratic and effective multi-level governance. Citizens identify most strongly with their region through cultural and linguistic ties but also for historical, geographical and social reasons.

2. The Congress of Local and Regional Authorities of the Council of Europe believes that good regional governance brings an added value which can be seen in the fact that regionalisation has spread across many of the member states over the past years. New regional institutions have been introduced or existing ones endowed with additional responsibilities. This has lead to a rich diversity of regions based on a number of different models.

3. Following the Congress’ adoption of its Recommendation 240 (2008) on a Draft European Charter of Regional Democracy and in view of the Committee of Ministers’ reluctance to pursue work on a binding instrument on regional democracy, the Congress, still convinced of the merits of good regional governance, is co-operating with the European Committee on Local and Regional Democracy (CDLR) on the drafting of a reference framework on regional democracy. This framework will guide member states’ regional reforms and will embody the main principles of regional democracy the Congress feels must be respected. These principles are: a democratic functioning and composition based on citizen participation; respect for regions’ autonomy in the law/constitution; the principle of subsidiarity; the responsibilities of integrity and sovereignty of regions with regard to states; and the principle of loyalty and mutual respect between the different levels of governance (state, regions, local authorities).

4. Multi-level governance must be guided by mutual co-operation and interaction between European, national, regional and local authorities with due regard to the respective roles, functions, competences and activities of each level. Former schemes are about to be abandoned in favour of a solutions-oriented approach of co-operation. A clear delineation of power for subordination issues is a prerequisite for sound and successful multi-level governance. In this light, the Congress welcomes the Committee of the Regions’ White Paper on multi-level governance adopted on 17 June 2009 (Doc n° CdR 89/2009 fin).

5. Regionalisation is a means of giving regions with legislative powers ownership of, and other regions a say in policy shaping and political decision-making. However, in an increasingly inter-dependent world and in a system of multi-level governance, the domestic responsibilities of regions must be reflected better at international level, after all, they must organise the implementation of the Council of Europe’s binding agreements and main policy objectives as well as EU legislation through their policies and actions.


Domestic consultation and co-ordination schemes can guarantee the involvement of the regions as part of countries/member states’ coherent action. It goes without saying, therefore, that regions must also be able to participate in the work   in Council of Europe and EU committees, working groups and other bodies   to frame and prepare these objectives, agreements and this legislation in order that specific regional needs may be expressed. An exchange of experiences between the Congress and the CDLR could identify good practices in this field and define the modalities of this co-operation and consultation.

6. Regions with legislative powers are obliged to conduct a very wide-ranging policy, including legal and technical matters, management of legislative and political consultation and co-ordination procedures and as such the necessary human and financial resources as well as administrative structures must be ensured, for example through the application of the principles of fiscal federalism in the sharing of revenue between the federal state and regional levels.

7. In the light of this, the Congress calls on the Council of Europe Committee of Ministers to:

a. recommend that the Ministers responsible for Local and Regional Government, meeting in Utrecht (Netherlands) on 16 and 17 November 2009, confirm the important role of regions, and in particular regions with legislative powers; adopt as a political reference the reference framework on regional democracy, drafted by the European Committee on Local and Regional Democracy (CDLR) in co-operation with the Congress; and assist the continuation of the regionalisation process in Europe;

b. invite the European Committee on Local and Regional Democracy (CDLR) to exchange experience on the participation of regions with legislative powers in shaping member states’ positions in the Council of Europe and other international fora, for example by including regional representatives, and thus their expertise, in member states’ delegations to Council of Europe committees, working groups and other bodies similar to practices in the EU Comitology system. This exchange of experience could be via ad hoc workshops on the basis of voluntary participation;

c. invite the European Committee on Local and Regional Democracy (CDLR) to examine how the participation of regions with legislative powers in member states’ delegations to the Council of Europe could be increased;

8. The Congress calls on governments of member states to:

a. continue strengthening the regional level of governance where this already exists. Where no sub-state level between local and national authorities exists, to reflect on the usefulness of establishing such a level with a view to improving democratic governance, social cohesion and economic development;

b. to encourage member states, in those countries where this is appropriate, to define relations between the central state and regional authorities so as to include regional representatives in their delegations to Council of Europe committees and working groups;

c. to apply, in countries with federal systems, the principles of fiscal federalism in the sharing of revenue between the federal state and regional levels.

9. The Congress welcomes the Council of Europe Parliamentary Assembly’s continued support for regional legislative assemblies which has been given tangible form thanks to the signature of an agreement with the Conference of European Regional Legislative Assemblies (CALRE).

*  *  *


17 th PLENARY SESSION

Strasbourg, 13-15 October 2009

Overindebtedness of households: the responsibility of regions

Recommendation 279 (2009)

1. Credit has greatly expanded in a number of European countries over the last few decades, sometimes without sufficient monitoring and regulation to the detriment of consumers’ rights.  Certain improper commercial practices are used to entice families to misuse consumer credit and some of these families who live on the fringes of a system inappropriately distributing credit have recourse to such illegal practices as usury.

2. Specialised public agencies and credit and debt observatories have noted a resurgence of predatory lending practices driven by the current economic and financial crisis.  Furthermore, the procedures for dealing with over-indebtedness which a number of member states have introduced are often complex and tend to penalise debtors by isolating them and their families, thus making them dependent on the community.

3. The local and regional authorities are directly confronted with the social consequences of these developments, such as ever-longer waiting lists for social housing, increasing numbers of persons with no fixed abode, and deteriorating health.  The Congress welcomes the efforts of some local and regional authorities to adjust their social policies in this field.

4. With reference to its previous work on responsible consumption and solidarity-based finance,  the Congress appeals to the responsibility of the public authorities at all levels with a view to adopting a coherent set of measures to reinforce borrower protection and facilitate the financial integration of the most vulnerable households.

5. To this end, the Congress invites the Committee of Ministers to request member states to:

a. revise all their mechanisms for dealing with insolvency in consultation with consumers’ associations, concentrating on the preventive aspect;

b. link up the maximum credit rates to reference rates rather than to those used by the credit institutions;

 

c. make all the players in the credit chain aware of their responsibilities by:

i.     setting up a national databank recording all financial commitments entered into by individuals  and requiring lenders and credit intermediaries to consult this data facility, to secure all the requisite information from loan applicants in order to evaluate their financial situation and refunding capacity, and to pinpoint the most suitable type and amount of credit to grant them.  Such databanks should be supervised so that the requirements of data protection and privacy are met, to prevent their misuse (eg for scorings that would allow higher interest rates to be extracted from poor consumers);

ii.   establishing rules on the promotion, administration and implementation of credit contracts, accompanied by civil and criminal law sanctions against banks and credit organisations such as forfeiture of interests, and mandating national bodies to verify their practices;

d. set up, as an alternative to judicial proceedings, a nationwide network of debt mediation services (public or private) responsible for informing over-indebted persons of their legal rights and obligations and helping them propose debt clearance plans to their creditors or identify other legitimate strategies for dealing with their over-indebtedness;

e. promote education in financial matters for consumers and education on social matters for suppliers in a process of mutual learning;

f. encourage development and provision of responsible credit products in the private, co-operative, and public sectors which can meet the credit needs of those individuals hitherto excluded from the traditional economic and financial system;


g. co-operate with local and regional authorities to launch action on the ground against usury by establishing clear legal definitions of usury and providing human and budgetary resources for the setting up of teams with specific powers to conduct investigations and prosecute illegal lenders;

h. evaluate periodically activities geared to preventing and tackling household over-indebtedness and promoting financial inclusion.

6. The Congress invites member states to disseminate the approach developed by the European Committee on Social Cohesion (CDCS) in the Multipartite Social Contract, encouraging local and regional authorities and civil society organisations to coordinate their efforts to assist and provide services to overindebted people, setting up a dialogue with them and allowing them in particular to exercise their solidarity and civic responsibility; moreover the Congress asks the Committee of Ministers to reinforce the CDCS' activities on shared social responsibility involving citizens in the fight against exclusion.

7. Furthermore, the Congress recalls Recommendation CM/Rec(2007)8 to member states on legal solutions to debt problems, which recommends alleviating the effects of the recovery of debt and respecting the human dignity of over-indebted persons and families.  In order to ensure its effective implementation, it requests that the Committee of Ministers:

a. ensure the promotion of the recommendation in member states vis-à-vis all the stakeholders;

b. take practical action to assess its implementation, including gathering information from member states and exchanging good practices at national and regional level;

 

c. work on introducing the concepts of ethics and social responsibility into credit practices by mandating the appropriate Council of Europe bodies to devise a European model of good conduct and model responsible lending policy for banks and credit institutions, in close co-operation with the relevant professionals and consumer non-governmental organisations, and associate the Congress with its drafting and dissemination.

8. Lastly, the Congress requests the Committee of Ministers to invite the member states which are also members of the European Union to take account of Recommendation CM/Rec(2007)8 of the Committee of Ministers to member states on legal solutions to debt problems when implementing EU Directive 2008/48/EC on credit agreements for consumers, which centres on information for the future borrower.



[1] Promoting transfrontier co-operation: an important factor of democratic stability in Europe, H.M. Tschudi, 2002.