Strasbourg, 12 March 2012                                                                    CDLR(2012)5

                                                                  Items 9, 11, 12, 13, 14, 19 of the Agenda

EUROPEAN COMMITTEE ON LOCAL AND REGIONAL DEMOCRACY

(CDLR)

CDLR WORK PROGRAMME

For approval and specific decisions

Secretariat Memorandum

prepared by the

Directorate of Democratic Governance, Culture and Diversity

Democracy, Institution-Building and Governance Department

________________________________________________

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

Following the adoption by the Committee of Ministers of the CDLR’s specific Terms of Reference, the work programme must now be revised to take account of new instructions. Based until 2011 on the priorities of the European Ministers declared at their conference in Utrecht, the programme includes new priorities and makes specific mention of the tasks to be accomplished and the expected results.

The document set out in the appendix was drawn up on the basis of the new specific terms of reference. It details the activities to be carried out both under the introductory paragraph and for each of the tasks (numbered i to v). Each activity corresponds either to the expected results mentioned in the terms of reference  or to activities already underway or planned in conformity with the Ministers’ deliberations in Utrecht and which are compatible with the new terms of reference. Any activity agreed at Utrecht which is not compatible with the new terms of reference has not been included and can be found at the end of this document for reference.

As the CDLR agenda now arranges the items for discussion according to the terms of reference, and distinguishes therefore between items arising from the general terms of reference and those from the 5 tasks entrusted to the Committee, it is proposed to study the current document in several stages. Proposals for activities arising under the general terms of reference will be considered under item 9 of the agenda, activities arising from task i will be considered under item 11 and those under task ii will be considered under item 12; activities from task iii will be considered under item 13, activities from task iv will be considered under item 14 and activites from task v will be considered under item 19.

The approach, the schedule for completion, the expected results and the beneficiaries are listed for each activity, the title of which appears in CAPITALS. The CDLR is invited to exam, modify if appropriate, and approve the different elements for each activity.

Implementation of the activities should be spread out over 2012 and 2013, in accordance with the Council of Europe’s new biennial budget plan. Available resources (not including staff) for 2012 amount to €240000.

Action required

The CDLR is invited to examine the proposals set out in the appendix to the present document, approve them after modifying them if necessary and instruct the Secretariat, as appropriate, with regard to their implementation, keeping in mind both the budget allocated and the timescale fixed by the Committee of Ministers.

CDLR work programme 2012 – 2013 based on its Terms of Reference

• 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

• 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

• CDLR TO DECIDE FOLLOW-UP TO THE REPORT ON THE IMPACT OF THE LISBON TREATY ON THE EUROPEAN CHARTER OF LOCAL SELF-GOVERNMENT

Modalities

At their 1132^nd meeting (1 February 2012), the Ministers’ Deputies took note of the abridged report of the 48^th meeting of the CDLR. They did not take any action on the said report. At the present meeting, the CDLR should discuss which further action, if any, it wishes to give to the said report.

Timeframe – 2012 (II)

Expected outcomes

To be discussed

Beneficiary(ies)

To be identified

• 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.

• 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.

• 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

The CDLR agrees at this or at a subsequent meeting the scope of the report and gives instructions to the Secretariat on the action it wishes to be taken: short questionnaire (which questions), choice of addressees (all member states, signatory states, Parties), use to be made of the replies.

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

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

The CDLR agrees at this or a subsequent meeting on the timing and format of a workshop on reasons for low democratic participation and experimented measures aimed at overcoming it.

Timeframe – 2012 – 2013

Expected outcomes

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

Beneficiary(ies)

Member states

c.       Structure and Operation reports

Modalities

The CDLR agrees that Structure and Operation reports remain an important tool for disseminating updated information about local government in member states. The Secretariat prepares a revised “table of contents” with easy-to-answer questions. The CDLR agrees the layout at its next meeting. At least three states agree 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

d.       Report on structures for Transfrontier co-operation

Modalities

The CDLR decides at this meeting whether it wishes 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. If so, it agrees a deadline for contributions by member states (indicatively, 30 June 2012). The report is 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

• 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 to request the Secretariat to appoint a consultant who could prepare the draft manual. Delegations can make suggestions (by a given deadline) 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

• 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

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

Modalities

The CDLR should confirm the 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.

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

• 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

• 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 could agree 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

• 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 should at this meeting have a discussion on and come to the identification of the main actors on international level, whose work is similar, complementary and relevant for the activities of the CDLR so that possible synergies and cooperation between the CDLR and these organisations could be further developed. The CDLR should also 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 at one of its forthcoming meetings, 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.

Based on the results of previous investigations and the possible hearing, a report should be drafted and presented to the CM, enabling 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.

Following is a list of internationals actor in the field of local and regional democracy and cross-border co-operation, the mandates and activities of which have obvious links with the mandate and activities of the CDLR. The CDLR has traditionally maintained links with the majority of these bodies, some of which have observer status with it, in the past and should possibly maintain or enhance close relations with them in the future:

-          Committee of the Regions of the European Union (CoR)

-          EU’s High-Level Group on Governance 

-          Council of European Municipalities and Regions (CEMR)

-          Assembly of European Regions (AER)

-          Association of European Border Regions (AEBR)

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

-          UN Habitat

-          United Cities and Local Governments (UCLG)

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

• 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

CDLR has designated representatives to the above mentioned institutions for an indefinite period of time. Unless the Committee decides otherwise:

- 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.

• 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.

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".

UTRECHT AGENDA

Activities which have been envisaged in 2010 but are no longer in line with Terms of Reference

Activity 4.2 – Reference framework of features of local government systems

                                               

Activity 6.1 – Report on impact of demographic trends

Activity 6.2 – Workshops on types of demographic impact

Activity 6.3 - Report on improving access to services

                                               

Activity 7.3 – Report on EU funding opportunities

Activity 7.5 – Report on crossborder e-services