Strasbourg, 17 September 2010                                                               CDLR(2010)19

Item 3.2 of the agenda

EUROPEAN COMMITTEE ON LOCAL AND REGIONAL DEMOCRACY

(CDLR)

DECISIONS OF THE COMMITTEE OF MINISTERS

CONCERNING THE CDLR

For adoption

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 1-2 March 2010. 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.

APPENDIX I

Recommendations (2010) 280 – 288 of the

Congress of Local and Regional Authorities of the Council of Europe

The role of local and regional authorities in the implementation of human rights

Recommendation 280 (2010)

1. The Congress recalls that:

a. the primary aim of the Council of Europe is to create, throughout the European continent, a common area based on respect for human rights, democracy and the rule of law;

b. democracy and human rights are interdependent. Democracy, including at the local and regional level, cannot exist without an unconditional respect for human rights;

c. local and regional authorities must comply with the human rights duties which stem from the international commitments of the member states, albeit only within their local/regional competences;

d. local and regional authorities are not only agents of central government – they secure human rights at the same time as they fulfil local self-government;

e. good governance is rights-based governance. Complying with human rights duties is a challenge with potential of strengthening democracy at the local level.

2. The Congress has a distinctive role to play within the Council of Europe as it provides a forum where elected representatives can discuss common problems, share their experience and develop policies. It works to strengthen democracy through its monitoring activities.

3. In order to better secure the concrete implementation of human rights by local and regional authorities, the Congress recommends that the Committee of Ministers call on all member states to:

a. ensure that the allocation of financial resources to local and regional authorities is set at an appropriate level to ensure the proper implementation of human rights, and that monitoring compliance with these rights can be ensured effectively;

b. associate representatives of local and regional authorities in the drafting of national human rights' strategies, policies and indicators, in order to have their input and make them aware of their responsibilities in the implementation of human rights;

c. encourage local and regional authorities to promote respect for human rights through awareness-raising initiatives and through local and regional action plans;

d. encourage the setting up of independent complaints’ mechanisms at local and regional level, and in particular to create independent bodies such as local or regional ombudspersons, or mediators, able to find remedies to cases where human rights are not fully respected, in particular in the delivery of local public services.

e. involve civil society organisations in the planning and implementation of activities for the protection of human rights at all levels.

4. The Congress notes that the best way to effectively secure the protection of human rights is to take measures on the basis of a regular, comprehensive and accurate review of the situation. Therefore, the Congress asks the Committee of Ministers to invite member states to consider ways of encouraging local and regional authorities to create appropriate structures and procedures in order to facilitate effective monitoring of the human rights situation at local and regional level. There is no standard solution for implementing human rights at local and regional level, but a criterion of good governance should be to provide the citizens with sufficient support and advice to exercise their rights.

5. The Congress also asks the Committee of Ministers to urge member states to ensure that local and regional authorities comply with the principle of non-discrimination in the implementation of human rights.

6. The Congress stresses that education and benchmarking are crucial to improve the situation of human rights in Europe at all levels. It recommends that the Committee of Ministers:

a. encourage a systematic multi-level dialogue between the political levels of all member states, to promote the human rights dimension of local self-governance;

b. foster respect for human rights through the training of local and regional elected representatives and their staff.

*     *     *

After Copenhagen, cities and regions take up the challenge

Recommendation 281 (2010)

1. The 15th Conference of the Parties to the United Nations Framework Convention on Climate Change, held in Copenhagen (Denmark) from 7 to 18 December 2009, closed with a political agreement which brings only partial answers to the challenges of global warming. The possible conclusion of an international treaty was therefore deferred to the next Conference of the Parties, which will take place in Mexico from 29 November to 10 December 2010.

 

2. Climate change affects the fate of humanity and throws up some major challenges for the 21st century. It is no longer a purely ecological question, for it has economic and geopolitical implications as well as implications on equity, human rights and international solidarity. The Copenhagen conference gave rise to an unprecedented mobilisation by non-governmental organisations, citizens and local and regional authorities from all over the world.

3. While the heads of State did not manage to agree on a binding global plan under which each country makes commitments commensurate with its responsibilities, this mobilisation bears witness to the place that global warming now holds in public opinion and on the international political agenda.

4. The indisputable fact of global warming and the vital need to restrict it were formally acknowledged in the Copenhagen Accord. It is therefore States' responsibility to get the whole world to commit in the near future to a binding agreement proportionate to the present energy and climate challenges.

5. The Congress of Local and Regional Authorities of the Council of Europe is convinced that a binding global agreement bringing together the needs of developed and developing countries is no longer an option, but a moral and political imperative.

6. As a crucial year of negotiations begins, there must be no widening of the gap between worldwide public opinion and governments. The Congress calls on States to make an individual commitment and collectively to commit the whole international community.

 

7. Local and regional authorities, for their part, are well aware of the challenges that lie ahead and have responsibilities in many fields enabling them to combat climate change effectively and to adapt in their territories in line with the new climatic conditions. They remain active and are politically and very practically committed in the field. They are determined to provide ambitious and sustainable solutions and, to this end, make full use of the various levers available to them.

8. The Congress has resolutely committed itself to obtaining recognition of the fundamental role that local and regional authorities play in combating climate change, for it considers their action to be vital in order to meet today’s unprecedented energy and climate challenges. Thus, it played an active part in the Copenhagen conference and supported the efforts of cities, regions and their associations to obtain recognition of this role and to give an account of their initiatives.

9. It considers that States' lack of commitment makes the action of local and sub-national governments worldwide even more essential. The unprecedented extent of the challenges certainly requires an urgent and comprehensive response from every level of governance.

10. It notes that, while local and regional representatives may regret the shortcomings of the diplomatic process and the lack of tangible results at international level, they did not wait for an agreement between States before starting innovative activities in their cities and regions to encourage citizens to change their ways.

11. The Congress points out that local and regional authorities constitute the level of governance closest to citizens and bear responsibility for safeguarding their citizens' quality of life. They will continue to work in partnership at both national and international levels and to work with their associations to make the greatest possible contribution to national and international objectives.

12. The Congress applauds the transcending by local and regional authorities of differences in political, geographical and demographic terms in order to make a joint commitment and ensure that 2010 will be the year of a binding global agreement on combating climate change. It calls for national discussions to enhance their governments' proposals.

13. It also considers that the European Union has to date played a prominent role in the fight against climate change and that, without awaiting the individual positioning of non-European states, it should go beyond its initial commitments and contribute the resources needed for adaptation on the continent of Europe and in developing countries.

14. Consequently the Congress reiterates its request for the Committee of Ministers to support the Congress in its efforts to persuade member and observer States to involve local and regional authorities fully in the diplomatic process relating to the climate.

15. The Congress invites the Committee of Ministers of the Council of Europe to ask member and observer States:

a. to make commitments commensurate with the challenges arising and ensure that political negotiations throughout the year 2010 do not become bogged down and that the 16th Conference of the Parties to the United Nations Framework Convention on Climate Change, to be held in Mexico in December 2010, brings the conclusion of a new binding agreement on the climate;

b. to recognise that local and regional authorities should play a central part in all the efforts to be made, combat global warming and adapt their territories in line with its effects;

c. to allow local and regional authorities direct access to the diplomatic process relating to the climate, and therefore to include them in the national delegations which throughout the year 2010 will be taking part in negotiations on a climate change agreement, and to involve them in the pre-negotiation phase as key partners in the activities to be carried out;

 

d. to support local and regional authorities in the implementation of activities to combat climate change and to amend national legislation in order to strengthen their capacity for action at the level closest to citizens.

16. The Congress also asks the Committee of Ministers to invite the European Union:

a. to make commitments beyond its current ones in order to promote a binding world agreement on climate commensurate with the energy and climate challenges arising;

b. to recognise to an even greater extent local and regional authorities' activities to combat climate change by facilitating their access to funding and by promoting networking and the pooling of experience.

17. The Congress invites the Parliamentary Assembly of the Council of Europe to support its efforts to persuade national parliaments to take fully into consideration the role of local and regional authorities and to promote appropriate legislation increasing their capacity to mitigate, and adapt to, climate change, in accordance with the principles of the European Charter of Local Self-Government and the Reference Framework for Regional Democracy.

*    *    *

Follow-up by the Congress of the Conference of Ministers responsible for Local and Regional Government (Utrecht, Netherlands, 16-17 November 2009)

Recommendation 282 (2010)

1. The Congress of Local and Regional Authorities of the Council of Europe welcomes the substantive discussions held at the 16th Council of Europe Conference of Ministers responsible for Local and Regional Government in Utrecht on 16 and 17 November 2009, which confirmed member governments’ commitment to continuing and further developing the Council of Europe’s activities in the field of local and regional democracy.

2. The Congress notes that 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) were signed by a large number of countries during the conference, bearing witness to this commitment.  It sincerely hopes that other signatures will follow shortly.

3. In view of the growing importance of the regional tier of governance, it believes that the Reference Framework for Regional Democracy which the Ministers responsible for Local and Regional Government took note of at the conference is a major step in the process of strengthening regional democracy.

4. It is therefore pleased by the ministers’ recommendation that the Congress and the Parliamentary Assembly use the reference framework when considering institutional reforms and governance at the regional level and by the inclusion of the text in the conference final declaration.

5. The Congress also welcomes the report by M Kiviniemi, Minister of Public Administration and Local Government of Finland, on enhancing the work of the Council of Europe in the field of local and regional democracy, which is a major contribution to discussion of the subject.

6. The Congress would nevertheless draw attention to the joint position it adopted with the Parliamentary Assembly regarding the document, underlining, in particular, the importance of the diversity of the Council of Europe’s political organs, which is the very essence of the uniqueness of its contribution.

7. At the same time, the Congress supports the Kiviniemi report’s proposal that co-operation with the European Committee on Local and Regional Democracy (CDLR) be stepped up as regards monitoring of the application of the European Charter of Local Self-Government.  With reference to Statutory Resolution (2007) 6, the Congress will continue to give top priority to its monitoring activities and believes there is a need for the CDLR to follow up the resulting recommendations at intergovernmental level.

8. In the light of the above, the Congress asks the Committee of Ministers:

a. to take note of these comments on the Kiviniemi report and to continue guaranteeing the diversity of the organs and activities of the Council of Europe which are its key asset in the field of local and regional democracy, while also ensuring a level of inter- and intra-institutional co-operation that enables tangible results to be achieved;

b. to encourage member governments to take account of the Reference Framework for Regional Democracy when formulating policies for the regional level or in the context of relevant institutional reforms;

c. with regard to European Local Democracy Week, to sign up to the provisions of the Utrecht Final Declaration on the matter and to support and encourage the activity, in particular by promoting the event and its results among member governments.

*    *    *

Minority languages – an asset for regional development

Recommendation 286 (2010)

1. Regional and minority languages are not luxuries: as well as being an integral part of Europe's rich cultural heritage, they have a vital role to play in increasing the integration and economic prosperity of the greater European area.

2. For the economic potential of these languages to be realised, governments need to ensure that they are properly supported and that their use is encouraged in all sectors of society. Regional and minority language representatives should be fully involved in the economic development of their regions at all levels, for the benefit of all.

3. The Council of Europe has valuable legal instruments for protecting and promoting Europe's minority populations. These deserve to be better known and more systematically implemented.

4. The Congress,

a. mindful that the economic and cultural value of Europe's regional and minority languages remains largely unrecognised and that there is still too little attention given to regional and minority languages by the governments of member States;

b. bearing in mind the work of the Committee of Experts of the European Charter for Regional or Minority Languages and the work of the Advisory Committee on the Framework Convention for the Protection of National Minorities;

c. bearing in mind Committee of Ministers Recommendation CM/Rec(2008)7 on the use of the Council of Europe’s Common European Framework of Reference for Languages (CEFR) and the promotion of plurilingualism;

d. bearing in mind the evidence that the promotion of regional and minority languages can provide an important stimulus to a region's economy;

e. bearing in mind Parliamentary Assembly Recommendation 1383 (1998) on Linguistic Diversification;

f. bearing in mind Parliamentary Assembly Recommendation 1740 (2006) on The place of the mother tongue in school education;

5. Therefore invites the Committee of Ministers of the Council of Europe to:

a. recognise that language minorities are an important economic and cultural asset;

b. recognise the economic benefits of promoting regional and minority languages and take the promotion of regional and minority languages and their cultures into account in their economic policies;

c. recognise the role of linguistic minorities in transborder cooperation and involve them in fully in transborder projects and planning;

d. recognise that the languages of immigrant groups are an important asset for establishing cultural and economic links with countries of origin.

6. The Congress invites the Committee of Ministers to ask member States to:

a. take action to prevent the decline of regional and minority languages by ensuring shared responsibility between central government and relevant regional and local authorities;

b. ensure that all children have the opportunity to learn these languages from a very early age (pre-school) and to continue learning them up to higher education and vocational training;

c. encourage and support the provision of regional and minority language courses in adult, continuing education and vocational training;

d. encourage and promote the use of regional and minority languages in the media, cultural industries and cultural tourism;

e. promote education in the mother tongue for all minority groups;

f. set up language promotion councils to encourage language diversification and the development of regional and minority language use in regions.

g. sign and ratify the Framework Convention for the Protection of National Minorities and the European Charter of Regional or Minority Languages if they have not yet done so.

*    *    *

Intra-regional transport: a challenge for sustainable development and territorial cohesion

Recommendation 287 (2010)

1. In recent decades Europe’s regions have undergone major transformations linked to economic globalisation, population trends and lifestyle changes. These transformations, which have significant impacts on the physical distribution of populations, on the tenure and use of land, as well as on the organisation of public and private services. Moreover, all these alterations cause an exponential growth in mobility flows.

2. The limitation of fossil fuel resources and the rise in fuel prices, together with the need to reduce CO2 emissions, raise new challenges. The Congress of Local and Regional Authorities of the Council of Europe is concerned about the increase in these emissions, principally connected with the growing use of personal motor transport and the large expansion of goods transported by road.

3. Mobility and its related policies have become a major issue in the quality of life and the economic and social development of our societies. An effective network of transport infrastructures is needed to ensure the proper functioning of the economy and the development of a region. It enables the free movement of goods, services and persons, and ensures the mobility crucial to labour, education and leisure.

4. The Congress is convinced of the obligation to re-think transport policies and of the necessary transition to post-fossil fuel mobility. Indeed, the inevitable rise in the price of fuel causes severe economic and social vulnerability linked with dependence on road transport which, in Europe, remains the principal means of carrying both passengers and goods.

5.  Although the majority of Europeans live in urban areas, very special attention should still be paid to the outskirts of these urban areas as well as to rural areas where a coherent standard of service provision, which meets the legitimate needs of the population, has to be guaranteed.

6. The Congress calls for a new culture of mobility giving pride of place to sustainable modes of transport with greater emphasis on social and regional cohesion, hence on the more vulnerable users.

 

7. Since responsibilities in respect of transport are shared among the various levels of governance, the stimulus can be local, regional or national, and moreover public or private. Nonetheless, the Congress is convinced of the dominant role that the regions should play in order to achieve a high coherence of action and balanced regional development.

8. A sustainable intra-regional transport policy needs to limit traffic congestion, improve road safety, reduce levels of noise and air pollution and provide a better sharing of the road. It must also propose methods of rapid transportation at a reasonable cost to users and encourage greater interaction between urban and regional public transport.

9. Transport and spatial planning are the two facets of mobility. A good integration of transport issues into town and country planning decisions will result in a reduction of transport volume and a better account of the population’s needs.

10. The Congress reiterates the imperative need for a renewed public policy for sustainable multimodal transport, promoting soft modes and innovative solutions which are alternatives to the individual car, such as car sharing, bus on request and public bicycle rental systems.

11. In this regard, it stresses the important, but largely underestimated, role of non-motorised modes which should be naturally grafted on to other modes of transport. In many regions of Europe they represent over one-third of citizens’ entire daily travel. Walking and cycling should be encouraged as they are more accessible, cheaper as well as the most environmentally friendly and healthy modes of transport.

12. Where motor vehicles are concerned, European and national legislation require strengthening so that these vehicles comply with the highest standards of emissions. It will also be expedient to hasten the development of low carbon vehicles and to promote their distribution particularly in administrations and enterprises and integrate them into new mobility solutions.

13.  The transport sector also has social and cultural aspects which should not be overlooked. The image of certain modes of transport plays an important part in their development. Public opinion could be won over by offering a quality multimodal service.

14. The Congress welcomes the fact that the European Commission, in the framework of its plan to combat climate change, is taking more interest in sustainable transport, and stresses that these efforts need to be increased if a significant reduction in the proportion and volume of carbon dioxide emissions in this sector is to be achieved.

15. Consequently, the Congress asks the Committee of Ministers to invite the European Conference of Ministers responsible for Spatial/Regional Planning (CEMAT):

a. to continue its reflection on better links between transport and spatial planning policies for sustainable development and greater regional cohesion;

b. to include in the declaration from the next ministerial meeting (Moscow, 8-9 July 2010) concrete proposals for solutions to the new challenges that face regions in a globalised world.

 

16. The Congress invites the Committee of Ministers of the Council of Europe to encourage the member states:

a. to recognise the appropriateness of the regional level for building a concerted, future-oriented vision as regards intra-regional transport;

b. to develop, in co-operation with the regions, a new transport policy combining the new patterns of mobility with the approaches geared to space and time factors;

c. to foster and support coherent development of collective transport on a national scale through long term investment and commitments;

d. to support experimentation and ensure systematic evaluations of experiences with innovative transport as well as their resolute generalisation.

17. The Congress also asks the Committee of Ministers to invite the European Commission to give stronger support to the initiatives taken at the local and regional level for sustainable transport by means of demonstration programmes, for example, the CIVITAS initiative for clean urban transport.

18. The Congress invites the Parliamentary Assembly of the Council of Europe to continue its work on emerging challenges of sustainable development and territorial cohesion.

*    *    *

Achieving sustainable gender equality in local and regional political life

Recommendation 288 (2010)

1. The declarations and action plans adopted by the Heads of State and Government at Council of Europe Summits have reminded us that equal participation by women and men is a vital part of democracy.  Despite all these activities, the Council of Europe’s action to promote and implement gender equality should be increased to bridge the gap between legal and actual equality, both within the Council of Europe and in individual member states.

2. Similarly, balanced participation by women and men in political decision-making, which is a vital requirement for any democratic society, is not yet a reality in all the national parliaments.  The average representation of women in lower or single houses of parliament in Europe is only 19.3% .  Only three Council of Europe member states  have achieved balanced gender representation (40% of either sex) and seven others  have attained the critical mass of 30% women .

3. The Congress fully backs the recent Committee of Ministers Declaration Making gender equality a reality , and reaffirms its longstanding commitment to equality between women and men .  In this connection, it welcomes the fact that, in accordance with its Charter , ever since its 15th session (May 2008), the delegations of all member states have complied with the provisions on the minimum participation of at least 30% of the underrepresented sex, and expresses its determination to continue along this road.  It encourages the Parliamentary Assembly of the Council of Europe to accede to the motion for a resolution tabled by a number of its members in June 2008 , in order to guarantee a balanced representation of women and men on all national delegations.

 

4. Furthermore, now that the Council of Europe has prepared the ground by defining such concepts as democratic parity and by developing various strategies, the Congress welcomes the action taken by the Council of Europe Administration to promote parity, and encourages the Committee on Equal Opportunities  to continue its efforts to improve the balance in the representation of Council staff at all hierarchical levels (notably the goal of achieving a 40% threshold in the higher grades) .

5. Moreover, the Congress considers that governments are primarily responsible for ensuring the promotion of equality between women and men. Local and regional authorities, however, are also responsible and must be involved in the pursuit and achievement of this equality and in the process of social and cultural change.

6. Accordingly, it recommends that member States reinforce the ability of national, regional and local authorities to carry out gender-based policies, inter alia by means of:

-           legislation requiring the authorities to take the gender dimension into account in their activities at all levels, assessing the impact and publishing this assessment (equality indices);

-           assistance, including financial aid, to enable municipalities and regions to introduce gender mainstreaming into their departments, possibly under special programmes  geared to promoting a society based on sustainable gender equality via fair distribution of powers, resources and services of equal value among women and men;

-           incentives to women to become and remain involved in political life and accede to responsibilities, as well as measures to help them stand for election (establishing quota systems and ensuring their implementation, combined with other types of positive action);

-           an analysis, by the relevant bodies, of the presence of female candidates standing for elections in the media and financing awareness campaigns which encourage the election of women;

-           parity at all levels within the administration, clear anti-discrimination messages and resources earmarked for developing specific tools and training: taking account of respect for equality in civil service careers and training civil servants responsible for preparing budgets in gender budgeting.

7. It also invites the Council of Europe Development Bank to take account of the specific needs of women and men in the projects which it finances and of their gender-specific impact.

8. Lastly, the Congress welcomes the work of the Steering Committee for Equality between Women and Men (CDEG), particularly its willingness to close the gap between de jure and de facto equality with positive measures, gender mainstreaming and action against stereotypes thanks to education and the media, and invites the Ministers who will be meeting in Baku on 24 and 25 May 2010 to take the local and regional level into account in addressing these matters.

APPENDIX II

Resolution (2010) 307 of the

Congress of Local and Regional Authorities of the Council of Europe

Procedures for monitoring the obligations
and commitments entered into by the Council of Europe member States in respect of their ratification of the European Charter of Local Self-government (CETS No. 122)

Resolution 307 (2010)[1]

1. The European Charter of Local Self-government is the authoritative legal instrument guaranteeing respect of a minimum of rights forming the first European platform for local self-government.

2. The Congress refers to its Resolution 31 (1996) on Guiding principles for the action of the Congress when preparing reports on local and regional democracy in member States and applicant States.

3. It also recalls the Committee of Ministers’ Statutory Resolution CM/Res(2007)6,[2] which stipulates that it is for the Congress to monitor implementation of the Charter by the countries having ratified it, and states inter alia, that:

"2-3.  The Congress shall prepare on a regular basis country-by-country reports on the situation of local and regional democracy in all member States and in States which have applied to join the Council of Europe, and shall ensure, in particular, that the principles of the European Charter of Local Self-Government are implemented (…)

2-5.  Recommendations and opinions of the Congress shall be sent as appropriate to the Parliamentary Assembly and/or the Committee of Ministers as well as to European and international organisations and institutions.  Resolutions and other adopted texts which do not entail possible action by the Assembly and/or the Committee of Ministers shall be transmitted to them for their information."

4. The Congress monitoring procedure is a crucial tool for checking that the Council of Europe countries having ratified the European Charter of Local Self-government honour their commitments.  In addition to checking in respect of States' commitments, the procedure makes it possible to establish open and constructive dialogue between the Congress and the national, local and regional authorities of member States, via impartial and independent co-rapporteurs appointed on the basis of objective criteria.

5. The Congress believes it necessary to organise these monitoring procedures on a regular basis in each member State which ratified the European Charter of Local-Self Government. Given the ever-changing nature of local and regional democracy, it believes that it should be possible to organise these visits at least once every five years.

6.  The Congress stresses how important it is for the Council of Europe to ensure that the commitments entered into by all its member States are fully honoured.

7.  Pursuant to the aforementioned texts, the Congress must ensure that it monitors the commitments entered into by the member States having ratified the European Charter of Local Self-government and/or its additional protocol on the right to participate in the affairs of a local authority[3] (hereinafter "the Charter").

8.  Within that monitoring effort, the European Convention on Human Rights (CETS No.5) and the revised European Social Charter (CETS No.163) may also be taken into account, in as much as they entail obligations in respect of local and regional authorities.

9. Furthermore, pursuant to Resolution 299 (2010), the Reference Framework for Regional Democracy will have to be taken into consideration.[4]

10. To achieve that objective, the Bureau shall decide to organise monitoring in one or more given countries, either because of a particular situation requiring clarification regarding application of the Charter or in order to update a report on the situation of local and/or regional democracy.  It shall instruct the Institutional Committee to make arrangements for the monitoring of the honouring of these commitments in that/those countries.  Monitoring is also intended to check the content of any notifications made by the State pursuant to Article 12 of the Charter when depositing their instrument of ratification and, where applicable, explore with the authorities the possibility of ratifying, at a later date, the article(s) to which their notification related.

11.  The monitoring visits must focus on the situation of local and regional democracy, except in countries which have no regional structures.

12.  On the basis of a list of candidates, the Institutional Committee shall appoint two co-rapporteurs from among its members (one full member or alternate from its Chamber of Regions and one full member or alternate from its Chamber of Local Authorities).  Appointment of the co-rapporteurs shall comply with Article 2 of the Rules governing the organisation of Congress monitoring procedures, appended to the present Resolution.

13.  The Congress believes that, in the interest of ensuring compliance with the criteria of independence and impartiality of the co-rapporteurs, which are the very keys to the effectiveness of a monitoring mission, a co-rapporteur's mandate may not exceed five years and they may not be tasked with monitoring the same country for the five years following that initial period.

14.  For the sake of the smooth running of the monitoring procedure, the committee may decide to extend the mandate of one of the co-rapporteurs, where there are grounds and if it is possible, for six months at the most, in particular to enable the co-rapporteur to present a report already entered on the agenda of a Congress part-session.

15.  For the purposes of the present resolution, the mandate of co-rapporteurs shall commence on the date of their appointment.

16.   By decision of the Institutional Committee, the delegation shall be assisted by a consultant drawn from the Group of Independent Experts on the European Charter of Local Self-government or by an independent consultant who has specialist knowledge of the country to be visited and substantial knowledge of the Charter and of local and regional democracy issues in Council of Europe member States.

17.  The monitoring delegations shall meet inter alia with the ministers responsible for local and regional authorities, parliamentarians, local and regional elected representatives, officials of the competent authorities and also associations representing local and regional authorities and representatives of civil society.[5]

18.  The report must be drafted, as far as possible, within six weeks following the visit.

19.   The report on the situation of local and regional democracy in a country to which a monitoring visit or fact-finding visit has been made shall be drafted by the co-rapporteurs in collaboration with the consultant and the secretariat.

20. It must also take into account the recommendations and/or resolutions previously adopted by the Congress, particularly recommendations addressed to the country visited.  The report shall also take into consideration the political context in which the monitoring visit took place and examine the situation of local and regional democracy in the light of other relevant Council of Europe texts[6] ratified by the country in question.

21.  Once validated by the co-rapporteurs, the draft report shall be sent to the authorities of the country concerned which were met by the delegation, so that they may respond and send back their comments.  The co-rapporteurs may decide to publish those comments in an appendix to their report.

22.  The report shall be accompanied by a draft recommendation and if necessary a draft resolution.

23. Pursuant to Rule 42-5 of the Rules of Procedure of the Congress and its Chambers,[7] draft reports, recommendations and, where applicable, resolutions, shall be submitted for adoption to the Institutional Committee, and then for adoption by the Congress at a plenary session or a session of the Chambers.

24.  Pursuant to Article 2-5 of the Statutory Resolution mentioned above, the recommendation shall be transmitted to the Committee of Ministers and to the Parliamentary Assembly.

25.  Rules governing the organisation of Congress monitoring procedures are appended to the present resolution.

Appendix

Rules governing the organisation of Congress monitoring procedures pursuant to

Resolution 307 (2010)

Pursuant to Resolution 307 (2010), the purpose of the present rules is to define the arrangements for organising procedures for monitoring the commitments of Council of Europe member States having signed and ratified the European Charter of Local Self-government[8] with the aim of achieving the objective set forth in the aforementioned Resolution.

1.        The monitoring procedure

The monitoring procedure shall be carried out every five years in each Council of Europe member State having signed and ratified the European Charter of Local Self-government. It shall comprise four phases:

a)    the monitoring visit;

b)    examination of the report by the Congress and adoption by that body of a recommendation.  If the co-rapporteurs think it necessary, they may propose a draft resolution for adoption by the Congress;

c)    transmission to the Committee of Ministers for debate and subsequent transmission to the authorities of the country concerned; 

d)    an invitation issued to the authorities of the country concerned to address the plenary Session of the Congress or the Session of one of its Chambers between two monitoring procedures.

2.        The co-rapporteurs

2.1 Two rapporteurs shall be appointed: one co-rapporteur for regional questions and one co-rapporteur for local questions in the case of a report focusing on the situation of local and regional democracy, and two co-rapporteurs for local questions in the case of a report focusing solely on local democracy;

2.2 The co-rapporteurs shall be appointed from among the full or alternate members of the Institutional Committee of the Congress who put forward their names as candidates;

2.3 Upon express derogation by the Chair of the Committee, a member of the Congress who is not a member of the Institutional Committee may be appointed as co-rapporteur;

2.4 The co-rapporteurs must be appointed in a manner that ensures a balanced representation of the political groups and the group of members not registered with a political group of the Congress;

2.5 Candidates for monitoring exercises may be appointed for only one monitoring exercise at a time;

2.6 The co-rapporteurs must not be nationals of the country concerned by the monitoring procedure, or a bordering country or a country which has a particular relationship with the country to be monitored;

2.7 The maximum duration of the rapporteurs' mandate shall be 5 years, dating from their appointment;

2.8 A co-rapporteur's mandate may exceptionally be extended for a maximum of six months, on grounds of the timetable for the presentation of the monitoring report at a Congress session.

3.        Monitoring visits

3.1 Number of visits

The monitoring procedure shall comprise one visit to the country concerned. Should they think it necessary, the co-rapporteur may make a second visit subject to the Bureau's agreement.

3.2 The delegation

The delegation participating in the monitoring visits shall comprise the 2 co-rapporteurs assisted by one/two representatives of the Congress Secretariat and a consultant drawn from the Group of Independent Experts on the European Charter of Local Self-government or by an independent consultant who has specialist knowledge of the country to be visited and substantial knowledge of the Charter and of local and regional democracy issues in Council of Europe member States.

3.3 Preparation of the visit

3.3.1 The visit shall be prepared by the Congress Secretariat in conjunction with the national, regional and local authorities, and also the national association(s) of local and regional authorities.

3.3.2 The Secretariat shall draw up a draft programme in conjunction with the co-rapporteurs.

3.3.3 The draft programme shall be communicated to the Permanent Representative of the country concerned to the Council of Europe and to the secretary of the country's delegation to the Congress.  The Congress Secretariat shall inform the Permanent Representation of the country concerned and also the secretary of its national delegation to the Congress of correspondence with the authorities.

3.3.4 The visit programme shall make provision for meetings with the authorities responsible for questions of local and regional democracy or dealing with these questions, and also with the officials of the administrations concerned, notably:

·         the minister(s) responsible for local and regional authorities;

·         members of parliament (national and/or regional) – particularly those responsible for local or regional issues;

·         local and regional elected representatives, including the Congress delegation, the mayor of the capital city and mayors of small and medium-sized municipalities;

·         the President of the Constitutional Court;

·         the national, regional and/or local ombudsman;

·         a specialist on questions linked to the application of the Charter in the country concerned;

·         associations representing local and regional authorities;

·         representatives of civil society from non-governmental organisations and trade unions of the country visited.

Generally speaking, the co-rapporteurs might meet any individual whom they consider useful to interview for their task.

3.3.5 The secretariat shall provide the rapporteurs with the most comprehensive possible information on the country visited.

3.3.6 The consultant shall contribute to the preparation of the visit by drawing up a concise list of questions to be broached concerning problems linked to the application of the Charter.  This list shall also include the questions raised during the previous visit to the country.  The consultant shall also take into account any notifications made by the State when depositing their instrument of ratification of the Charter and the current political context.

3.3.7 The list of topics which the delegation wishes to broach shall be sent, at least one week prior to the visit, to the Permanent Representation to the Council of Europe of the state concerned, and to the talking partners listed in the programme.

3.4 Running of the visit

3.4.1  A work meeting of the delegation shall be organised prior to the series of meetings scheduled in the programme inter alia to enable the co-rapporteurs to check with the secretariat and the consultant that they have all the necessary information concerning their talking partners and the substantive topics they are to broach with the authorities during the visit.

3.4.2  In the course of their scheduled meetings, the co-rapporteurs will hold talks with the country's political authorities, mentioned in paragraph 3.3.4.  The consultant and the secretariat may speak on such occasions, with the rapporteurs' permission.

3.4.3 A meeting of the delegation members shall be organised on the spot by the secretariat at the end of the visit in order to assess the information gathered and the overall running of the visit.

4.        Preparation of the report, recommendation and resolution

4.1  The report shall be drafted, as far as possible, within a maximum of six weeks following the visit.

4.2  The report on the situation of local and regional democracy in a country to which a monitoring visit or fact-finding visit has been made shall be drafted by the co-rapporteurs in collaboration with the consultant and the secretariat.

4.3 It shall also take account of the recommendations and/or resolutions previously adopted by the Congress, particularly recommendations addressed to the country visited.  The report must also take into consideration the political context in which the monitoring visit took place and examine the situation of local and regional democracy in the light of other relevant Council of Europe texts ratified by the country in question.[9]

4.4  Once validated by the co-rapporteurs, the draft report shall be sent to the authorities of the country concerned which were met by the delegation, so that they may respond and send back their comments.  The co-rapporteurs may decide to publish those comments in an appendix to their report.

4.5  The report shall be accompanied by a draft recommendation and if necessary a draft resolution.

5.        Adoption of and follow-up to recommendations

5.1 Pursuant to Rule 42-5 of the Rules of Procedure of the Congress and its Chambers,[10] the preliminary draft report, recommendation and, where applicable, resolution, shall be submitted to the Institutional Committee for examination and adoption.

5.2 The draft report, recommendation and, where applicable, resolution shall be presented by the co-rapporteurs and examined by the Congress with a view to their adoption within the framework of its Session or the sittings of the Chambers.

5.3 Pursuant to Article 2-5 of the Statutory Resolution, the recommendation shall be transmitted to the Committee of Ministers for debate and transmission to the authorities of the state concerned and to the Parliamentary Assembly.

5.4  Implementation of the recommendation shall be followed up by the member States concerned and by the Congress as well as the intergovernmental entities of the Council of Europe competent in the area of local and regional democracy inter alia within the framework of the ongoing dialogue established with the authorities during the visit.