0.

0.1

• PROVIDE COMMENTS ON PACE AND CONGRESS TEXTS AT THE INVITATION OF THE CM

Modalities

The Bureau receives requests from CM to provide comments on texts adopted by the PACE and Congress. The Secretariat sends out an electronic request for written contributions from CDLR members within a provided time period. Based on contributions received, the Bureau:

a) prepares a draft opinion, issues to all delegations for approval by written procedure (article 13 b., Appendix I to CM Resolution(2011)24,

or

b) refers the draft opinion to the next plenary meeting of the CDLR for discussions and possible adoption, if the subject matters are of particularly high relevance.

Timeframe – 2012 – 2013

Expected outcomes

Opinions, reflecting the collective viewpoint of CDLR members, enable the Committee of Ministers to give an informed reply to the Parliamentary Assembly and the Congress.

Beneficiary(ies)

Committee of Ministers

Current situation: at the moment there are no requests for comments pending.

0.2

• TO GIVE ADVICE, AT ITS OWN INITIATIVE, TO CM ON QUESTIONS WITHIN ITS AREA OF COMPETENCE

Modalities

Any delegation to the CDLR can propose to draw the attention of the CM to an issue which they consider relevant. The suggestion is made in writing, with reasons, and discussed at the earliest meeting of the CDLR. The CDLR should agree on the pertinence and importance of the subject matter, for the issue to be referred to the CM. This could happen in relation to a general debate on a topical issue (see hereunder, terms of reference i.)

Timeframe – 2012 – 2013

Expected outcomes

The Committee of Ministers considers and takes action on, as the case may be, a topic which the CDLR believes to be of particular relevance for the Council of Europe.

Beneficiary(ies)

Committee of Ministers

Current situation: at the moment, there are no proposals emanating from delegations.

1.

1.1

• CDLR TO HOLD TOPICAL EXCHANGES AT ITS MEETINGS

Modalities

Themes for topical exchanges could be identified at each meeting for discussion at the forthcoming meeting. Outside the plenary meetings, members can make proposals, having regard to recent developments. The Bureau decides.

Once the topic is identified, members are invited to prepare for oral presentations and to provide, if possible, written contributions in advance (this can take the form of answering short questionnaires).

The Bureau may invite selected members and guest speakers to make specific presentations, to be followed by discussions.

If appropriate, a summary of information provided and/or comments made is appended to the abridged meeting report or distributed separately to all delegations. If the CDLR so feels, proposals can be submitted to the Committee of Ministers (link to General terms of reference, above)

Timeframe – 2012 – 2013

Expected outcomes

Through their representatives in the CDLR, member states are provided with information on policies and practices on topical subjects relevant for their policy making in the field of local and regional democracy.

Beneficiary(ies)

Delegations to the CDLR, relevant ministries.

Current situation: At its 49^th meeting, the CDLR held its first exchange of views on Stregthening the capacities of local authorities (introduced by the Netherlands) and Local finance in times of crisis (introduced by Estonia and Portugal). A second exchange of views will take place at the 50th meeting of the CDLR. It will deal with Citizens’ and local authorities’ consultation procedures (introduced by Italy) and measures adopted to overcome the crisis (introduced by the Netherlands).

1.2

• CDLR TO HOLD EXCHANGES VIA ELECTRONIC MEANS

Modalities

CDLR can decide at any time that an issue deserves to be discussed or information exchanged via electronic means. Any delegation can submit a request to that effect. The CDLR or the Bureau, between meetings, decide.

If a member wishes to receive information on other members’ legislation or practice on a given topic (Rapid Response Service), its submits a request to the Secretariat, specifying the topic(s) and the deadline for replies. If need be, the secretariat and the member discuss the exact wording of the question.

The Secretariat issues the request of the member to all members. Replies are sent directly to the requesting state.

If the CDLR so decides, having regard to the topicality of the issue proposed for the exchange, replies should be disseminated to all members.

The exchanges could take the form of pre-established questionnaires, which the respondent countries could fill in. Alternatively the procedure can be open regarding the content and presentation style.

The CDLR is also to determine if electronic exchanges serve only as means of dissemination of information or the subjects on which such exchanges are organised can later be debated at CDLR meetings.

Timeframe – 2012 – 2013

Expected outcomes

Exchange of information and practices on highly relevant subjects within the CDLR will facilitate the flow of information among participating governments.

Beneficiary(ies)

Delegations to the CDLR, relevant ministries.

Current situation: at the moment there are no information exchanges open.

1.3

1.3.1

1.3.2

1.3.3

1.3.4

• CDLR TO TAKE ACTION ON THE FOLLOWING REPORTS:

a.       Report on the implementation of the Additional Protocol to the European Charter of Local Self-Government on the right to participate in the affairs of a local authority

Modalities

At its 49^th meeting the CDLR agreed that the Secretariat circulate a short questionnaire to all delegation for possible answers by June 2012.

Timeframe – 2012 – 2013

Expected outcomes

Members are informed about the state of ratification processes and measures in force or taken in the parties to comply with the Additional protocol. They can use other members’ experience with a view to adopting their own implementing measures, legislation etc.

Beneficiary(ies)

Member states’ governments and parliaments

Current situation: by 30 June 2012, replies were received from: Armenia, Austria, Belgium, Flemish region, Walloon region, Brussels region, Bulgaria, Cyprus, Czech Republic, Estonia, Finland, France, Germany, Greece, Island, Lithuania, Luxemburg, Netherlands, Norway, Portugal, Romania, Serbia, Slovakia, Slovenia, Sweden and Turkey. Following examination by the Bureau, a paper has been prepared by the Secretariat which will serve as the basis for an exchange of views in the CDLR at its 50^th meeting.[1]

b.       Report on low democratic participation, follow-up of the proposal from Rapporteur Mr Lefebre for CDLR to organise a workshop on low participation in early 2012

Modalities

At the 49^th meeting, the CDLR agreed that a workshop on reasons for low democratic participation and experimented measures aimed at overcoming it would be organised in early 2013 by Belgium.

Timeframe – 2012 – 2013

Expected outcomes

Member states learn from each other experience and may replicate effective action.

Beneficiary(ies)

Member states

Current situation: preparations will start in the second half of 2012. The Bureau suggested that the discussion at the workshop would feed into the report on governance that the CDLR should adopt before end 2013 (see activity 1.5 hereunder). 

c.       Structure and Operation reports

Modalities

At its 49^th meeting, the CDLR agreed that Structure and Operation reports remain an important tool for disseminating updated information about local government in member states. The Secretariat was tasked with preparing a revised “table of contents” with easy-to-answer questions for the CDLR’s approval by written procedure (31 August 2012). At least three states agreed to update their report by the end of 2012 following the simplified layout.

Reports are put on line in the first quarter of 2013.

Timeframe – 2012 – 2013

Expected outcomes

Member states benefit from updated, comprehensive and comparable information on local government. Reports if frequently updated will serve as an easily accessible and reliable database for information regarding the structure and operation of local and regional government in member States. This data is particularly useful for shaping new policy recommendations and providing opinions on texts adopted by other bodies (PACE, Congress).

Beneficiary(ies)

Member states, national parliaments, Parliamentary Assembly of the Council of Europe, Congress

Current situation: the CDLR will consider at the present meeting the new lay-out for the report, approved by the Bureau, and adopt it. Member states will be invited to confirm their readiness to submit their next report using the new lay-out.[2]

d.       Report on structures for transfrontier co-operation

Modalities

At the 49^th meeting the CDLR decided to update the Report on the Current State of the Administrative and Legal Framework of Transfrontier Co-operation in Europe that was last updated in 2006. The deadline for contributions by member states was set at 31 October 2012. The report will be put online by the end of this year.

Timeframe – 2012 – 2013

Expected outcomes

Member states benefit from updated information on each other’s legislation and practice on crossborder cooperation. This information supplements the one on measures to overcome obstacles to TFC, to be included in a separate Manual (see hereunder).

Beneficiary(ies)

Member states, Congress, Committee of Ministers.

Current situation: the report and an explanatory note have been circulated to all member states. By 30 June 2012 the following have replied: Finland, Monaco. A reminder was issued on 17 September 2012. The updated report will be put online by the end of the year.

1.4

• CDLR TO PREPARE A MANUAL OF PRACTICAL SOLUTIONS TO OVERCOME OBSTACLES TO CROSS-BORDER CO-OPERATION BASED ON EXISTING REPLIES FROM MEMBER STATES

Modalities

The CDLR agreed (49^th meeting) that a consultant should prepare the draft manual. Delegations would be invited to make suggestions  as to which body or institution in their respective countries, could perform such task.

The Manual could be drafted using as the starting point the information on obstacles to TFC collected in 2011 prior to the Kyiv conference. The draft will be disseminated to all delegations for comments prior to its adoption by the CDLR.

Timeframe – 2012 (II) – 2013 (I)

Expected outcomes

Member states, at both central and local level, will acquire a deeper insight of diversity of situations at the borders and solutions enacted and can use (replicate) them. The CDLR could make suggestions as to the possible updating of Committee of Ministers Recommendation (2005)2.

Beneficiary(ies)

Member states, Committee of Ministers

Current situation: following consideration by the Bureau of the expression of interest submitted by five research institutes and on the Bureau’s recommendations, the Institute of International Sociology of Gorizia was tasked with drafting the Manual. The work will be completed in time for the CDLR to examine and approve the report at its 51^st meeting.

1.5

• CDLR TO DISCUSS THE SCOPE OF THE REPORT ON "INITIATIVES TO STRENGTHEN GOOD GOVERNANCE, CAPACITY BUILDING AND CITIZENS’ DEMOCRATIC PARTICIPATION AT LOCAL LEVEL"

Modalities

The CDLR should at this or a subsequent meeting discuss and identify the main points around which this report should be constructed. The report could take into account the results of the workshop on low participation in public life (see above), if held in 2012. The Secretariat is instructed to prepare a proposal for consideration at the next meeting of the CDLR.

Timeframe – 2012 (II)

Expected outcomes

Member states have a better insight of which initiatives to strengthen good governance, capacity building and citizens’ democratic participation at local level already exist or could be envisaged. The CDLR could develop proposals for the Committee of Ministers to act upon.

Beneficiary(ies)

Member states, Committee of Ministers

Current situation: The Bureau agreed that consideration of this report be postponed until after the proposed workshop to be hosted by Belgium in early 2013.

2.

2.1

• CDLR WORKSHOPS ON PROMOTING THE COUNCIL OF EUROPE’S ACQUIS:

Modalities

The CDLR confirmed the following modalities (approved in 2008 and followed since) as regards the organisation of workshops. The state which wishes to host the workshop should inform the Secretariat of its intention and the proposed subject-matter. It should be the role of the Secretariat to inform CDLR members of the upcoming event and to elaborate, in close cooperation with the host state, the programme of the workshop, lists of key speakers and discussion topics. The Secretariat should also assist the host state in making arrangements, ensure the link to the Council of Europe acquis and take care of the reporting and dissemination of results.

Invitations for participation are issued to CDLR members by the host state. Participants from member states should, in principle, pay for themselves. The organisation of the workshops should not entail any additional expenses for the CoE (besides the travel and subsistence fees of Secretariat members participating in the workshop).

The following themes, which are particularly pertinent and closely related to CoE acquis in the field, are put forward by the Secretariat for the consideration of CDLR members wishing to host workshops in the future:

a.    Promoting the Additional protocol to ECLSG;

b.    Promoting Protocol 3 to Madrid Outline Convention;

c.    Analytical tool of local authorities’ competences and the degree of autonomy of first-tier local authorities (Marcou tool);

d.    Good practices on the implementation of the Strategy in pilot countries;

e.    Funding of new competences for local authorities;

f.     Transfrontier cooperation

g.    The impact of EU decisions and policies on local government

h.    Citizen participation

i.      The impact of economic crisis on local government.

Timeframe – 2012 – 2013

Expected outcomes

Outcome documents, summarizing the main findings of the workshops can be compiled and made available to policy-makers in member states.

Beneficiary(ies)

All CDLR member states

Current situation: Belgium agreed to host a workshop on low democratic participation in early 2013. Preparations will start in the second half of 2012.

2.2

• SECRETARIAT ORGANISES RAPID RESPONSE SERVICES ON REQUEST

Modalities

The “Rapid Reply Service” is a tool which has been used successfully by the Committee in the past and it aims at supplying the requesting country with specific comparative information at a short notice, whilst not constituting a major workload for the respondent countries.

The country which has a specific request for information should inform the Secretariat. The latter, in close cooperation with the requesting state, shall redraft the request in a clear and concise manner before forwarding it to all CDLR delegations for a response. The replying states should send their answers directly to the requesting state, by preferably copying the answer message to the Secretariat.

Timeframe – 2012 – 2013

Expected outcomes

Responses are provided to up to 10 requests from governments for information through “the rapid response service” for governments.

Beneficiary

Requesting state, all member states receiving copies of the information

Current situation: during Summer 2012, Germany requested information from CDLR members on womens’ participation in local bodies and in September Slovenia requested information on the topic of financial benefits of mayors and municipal councillors after finished term.

2.3

• CDLR TO DRAW UP AN APPENDIX TO PROTOCOL 3 WITH ASSISTANCE FROM CONSULTANT

Modalities

Professor Yves Lejeune (Catholic University of Louvain, Belgium) is working on the draft for the Appendix to Protocol No 3 to the Madrid Outline Convention, following the instructions given to him by the (former) LR-IC committee.

The CDLR agreed to set up an open-ended working party of the countries most interested to assist the consultant in the process of drafting the Appendix. Such working party could hold a first meeting in June 2012. A draft could be prepared for consideration and possible adoption by the CDLR in Spring 2013.

Timeframe – 2012 – 2013

Expected outcomes

Norms suitable for inclusion in the Appendix to Protocol 3 to the Madrid Outline Convention are prepared

Beneficiary(ies)

Member states, Committee of Ministers

Current situation: the proposal for norms to be included in the Appendix prepared by the consultant was discussed at the first meeting of the open-ended working party on 5 July 2012 in Brussels. A second meeting will be held in Strasbourg, immediately after the CDLR meeting, to discuss additional proposals (to be circulated). A third and final meeting could be held in early 2013 with a view to submitting a comprehensive text to the CDLR for consideration at its 51^st meeting

3.

3.1

• CDLR TO DRAW UP A LIST OF ACTORS WHOSE WORK IT WISHES TO FOLLOW AND DECIDE THE SCOPE, FOCUS AND METHODOLOGY FOR PREPARATION OF THIS REPORT

Modalities

The CDLR is requested to identify the main actors on international level, whose work is similar, complementary and relevant for its activities so that possible synergies and cooperation between the CDLR and these organisations could be further developed. The CDLR should identify the ways in which it can follow the work of these actors (exchanges of information, crossed participation in meetings and events, internet) and the themes on which complementary action would be of added value both to the CDLR and its possible partners. CDLR should also identify possible areas of cooperation with other international organisations, which correspond to the overall strategic objectives of the Council of Europe and would be of added value for advancing the CoE agenda in general.

Once the list of potential partners has been established, to CDLR could hold a hearing to which representatives of these organisations would be invited to participate. The hearing would be the occasion to have more detailed exchanges and consultations about areas of common concern and activity directions on which collaboration could be established or intensified.

A report should be adopted by the CDLR at its 50^th meeting and subsequently presented to the CM (before end 2012), enabling the Ministers’ Deputies to decide on the list of international actors the work of which the CDLR deems necessary to follow and areas where further cooperation would be desirable. The report should also lay out the modalities for CDLR to develop cooperation in practice and to follow the work of its international counterparts.

Timeframe – 2012 (II) – 2013 (IV)

Expected outcomes

The report on possible synergies and co-operation with other international actors in the field of local and regional democracy and cross-border co-operation enables the Committee of Ministers to assess the Council of Europe’s work in a broader context and take informed decision as to which synergies with which body(ies) to develop in order to reinforce CoE work’s relevance and impact.

Beneficiary(ies)

Committee of Ministers, CDLR, other organisations with whom cooperation will be developed

Current situation: at its 50^th meeting, the CDLR will consider the draft report[3] and possibly adopt it (or give guidance to the Secretariat on its finalisation)

4.

4.1

• CDLR TO DESIGNATE REPRESENTATIVES TO THE STAKEHOLDERS’ PLATFORM ON THE STRATEGY FOR INNOVATION AND GOOD GOVERNANCE AT LOCAL LEVEL AND THE ADVISORY BOARD OF THE CENTRE OF EXPERTISE ON LOCAL GOVERNMENT REFORM

Modalities

At its 49th meeting, CDLR confirmed the following representatives to the above mentioned institutions for an indefinite period of time:

- Mrs Greta Billing (Norway) is the CDLR’s representative in the Advisory Board of the Centre of Expertise on Local Government Reform;

- Mr Paul-Henri Philips (Belgium) and Mrs Greta Billing (Norway) are CDLR’s designated members to the Stakeholders’ Platform on the Strategy for Innovation and Good Governance at Local Level;

- Mr Paul-Henri Philips (Belgium) represents the CDLR in the Coordination platform of the European Local Democracy Week (ELDW).

The CDLR representatives systematically report to and update the Committee about recent developments (if any) concerning the functioning of bodies to which they are delegated. The CDLR also discusses and conveys to them the range of issues, which they should raise at future meetings of respective CoE bodies.

Timeframe – 2012 (II) – 2013 (IV)

Expected outcomes

The added value of CDLR members’ participation in the work of the above-mentioned and other appropriate bodies of the Council of Europe is their contribution to:

a)    promoting initiatives and activities which subscribe in the overall strategic objectives of the Council of Europe;

b)    raising awareness of key values defended by the Organisation.

Beneficiary(ies)

The appropriate bodies of the Council of Europe. Member states which are direct or indirect beneficiaries of the activities coordinated by these bodies.

Current situation: the Advisory Board (CELGR) met on 26 June and approved the 2011 annual report of the Centre. The meeting of the Stakeholders’ platform (Strategy) was replaced by a written procedure. Its next meeting is planned at the end of January 2013.

4.2

• CDLR MAY ACCEPT INVITATIONS, SUBJECT TO RESOURCES, TO BE REPRESENTED IN OTHER RELEVANT EVENTS

Modalities

Invitations are collected by the Secretariat and transmitted to the Chair. The Chair decides which members, if any, should be designated to represent the CDLR at specific events taking into consideration the particular subject-matters and varying competencies and roles of CDLR members.

It is recalled that, for instance, the Chair of the CDLR is regularly invited to attend the sessions of the Congress.

The Secretariat assists the designated member(s) in the preparation of their participation, notably by providing information briefings, speaking notes and any other relevant documentation.

Timeframe – 2012 (II) – 2013 (IV)

Expected outcomes

This practice provides for larger dissemination of information regarding the activities of the CDLR to external partners and vice versa, the activities of other organisations can become more visible to the CDLR. Exchange of best practices and enhanced cooperation possibilities are the other potential advantages.

Beneficiary(ies)

The stakeholders’ involved in the organisation of specific events to which the CDLR is invited. CDLR delegations and member states.

Current situation: The CDLR was invited to attend the 2nd Conference of Ministers responsible for Social Cohesion (Istanbul, 11-12 October 2012). A Bureau member, Mr Jesper Lorenz, represented the CDLR. The Chair of the CDLR was invited to attend the conference on “The Role of the Decentralisation in consolidating Albanian democracy and its European integration”  held in Tirana on 29-30 October 2012 in the framework of the Albanian chairmanship of the Committee of Ministers. The CDLR was invited to contribute to the CoE’s strategy “Building a Europe for and with children”. It will appoint a rapporteur for this function at the present meeting [4].

5.

The Kyiv Declaration adopted at the 17th Session of the CoE Conference of Ministers responsible for local and regional government suggested five priority areas for further follow-up action in the field of local and regional democracy. The report by the Secretary General on the Kyiv conference (CM(2011)178) is currently pending before the Committee of Ministers of the Council of Europe and no decisions have yet been taken as to any follow-up actions.

The Declaration contains five specific recommendations to the CM:

• to put in place arrangements for implementing the proposals of the Chaves report and suggest, with the concurrence of the President and other representatives of Congress present at Kyiv, that:

-          these arrangements might include a “political high level follow up group”, convened by the Chairman for the time being of the Committee of Ministers, to assist in the development of such proposals as the “agenda in common”, and

-          such a “political high level follow up group” might involve Ministers or State Secretaries having responsibilities for local and regional government and members of the Parliamentary Assembly and the Congress;

·         to assist member States and their local and regional authorities to weather the economic downturn and address long-term challenges, include in the Council of Europe programme on local and regional democracy and governance the work of:

-          analysing the impact of changing economic fortunes on local budgets, and of

-          monitoring and developing policy responses on the basis of the “Kyiv guidelines”;

• to elaborate proposals for strengthening awareness raising of the human rights dimension of local and regional governance, as part of the Council of Europe programme on local and regional democracy and governance, in dialogue with the Parliamentary Assembly, the Congress and the Conference of INGOs;

• to examine how the Principles of good democratic governance at local and regional level can best be promoted and embedded in the practices of local and regional authorities and be supported by the adoption of the draft a Recommendation on the principles of good democratic governance at local level;

·         to include in the Council of Europe programme on local and regional democracy and governance the work of sharing the results of the experience of certain member states which have designated a cross-border "special task mediator/mediation office".