1. Local and Regional Democracy in Albania
CG(13)29
Recommendation
PART 2
Rapporteurs: Guido THODIO, Italy,EPP/CD and
Jean-Claude CAUWENBERGHE, Belgium, SOC
The report provides a detailed overview of the situation of local and regional democracy in Albania, analyses the various reforms conducted in this field since the adoption of the first report on this country in 1997, and concludes that despite a number of positive developments, a more radical legislative reform is needed. The Congress invites the Albanian authorities to speed up reforms in the field of decentralisation and to harmonise the relevant legislation and bring it into line with the Constitution, the Organic Law and the European Charter of Local Self-Government. The report also stresses the importance of institutionalised consultations with local and regional authorities when drafting legislation relevant to the latter.
The report sets out a series of recommendations to help the national authorities to improve the functioning of local and regional democracy. Where local self-government is concerned, the report draws attention to fields in which the implementation of the provisions of the Charter gives cause for concern, including safeguards on the effective financial and administrative autonomy of local communities.
In connection with the regional strand of the report, the Congress advised the Albanian authorities to consider improving territorial organisation by cutting the number of regions, assigning real powers to the regions, improving the definition of the regions’ financial autonomy by giving them their own resources and moving toward a system of direct democratic election of regional councils.
2. Local and Regional democracy in Bosnia and Herzegovina
CG(13)30
Recommendation
PART2
Rapporteurs: Christopher NEWBURY, United Kingdomi, EPP/CD and
Karsten BEHR, Germany, EPP/CD
Following Bosnia and Herzegovina's ratification of the European Charter of Local Self-Government, which came into force in July 2001, the Congress carried out a monitoring exercise which took account of the history and radical changes of the past 15 years in the country.
The first part of the report describes the situation of local and regional democracy in the specific circumstances prevailing in Bosnia and Herzegovina, while the second examines the issues from the standpoint of the European Charter of Local Self-Government. The third discusses reform plans and their prospects.
The rapporteurs conclude that, while local self-government has made an appreciable contribution to normalisation of the country, after years of doubt and instability, a clear constitutional guarantee of local self-government should be an absolute must for Bosnia and Herzegovina. They also say that an amendment to the country’s Constitution guaranteeing the power to regulate local self-government is urgently required.
3. Draft Recommendation on the United Nations Human Settlements Programme (UN-HABITAT) draft guidelines on decentralisation and the strengthening of local authorities
CG(13)31
Recommandation
Résolution
Rapporteur: Ian MICALLEF, Malta, EPP/CD
The Congress, having taken note of the draft guidelines on decentralisation and the strengthening of local authorities drawn up by the Governing Council of the United Nations Human Settlements Programme, offers its full backing to the adoption of this text, scheduled for the Governing Council meeting of April 2007, and invites the Committee of Ministers and the governments of Council of Europe member states to give their full support to the said draft. It also reiterates its wish for the earliest possible resumption of work on a world charter of local self-government.
Bearing in mind the positive outcome of the July 2006 high-level contacts between a Congress delegation and the Deputy Director of the UN-Habitat Office in New York, the Congress invites its Bureau to pursue its contacts with UN-Habitat, so that both parties can help to enhance the principles of local democracy in all United Nations member states.
4. The new forms of control over local authorities
CPL(13)6
Resolution
PART2
Rapporteur: Guido RHODIO, Italy, EPP/CD
This report has been drawn up on the basis of an inquiry designed to take a snapshot of developments, as at mid-2005, in the administrative system of supervision applied to local authorities throughout Europe by their supervisory authorities, and to ascertain whether, at that specific point in time, the tendency in all the different countries was towards more authoritarian or less authoritarian supervisory action, preserving or undermining local self-government.
A number of questions referred to in the report relate to the effects on local self-government of the creation of an intermediate tier of elected regional government. The rapporteur's view is that the Congress will have to take account of the fact that regionalisation is on the agenda in many countries, and that it is important for the probable consequences of such reforms to be examined and understood. The other specific set of questions relates to controls over local government that may result from the pursuit of “best value” or similar initiatives by central or regional governments.
According to the report, the tensions between the pressures of centralisation and the goals of local self-government have not disappeared. It will probably be necessary to return to these questions as part of a research programme.
5. Compliance of Norwegian legislation with Article 11 of the European Charter of Local Self-Government
CPL(13)7
Recommendation
PART2
Rapporteur: Muriel BARKER, United Kingdom, SOC
Following a request made by the Norwegian Delegation to the Congress for an opinion on whether Norwegian law was in conformity with the provisions of Article 11 of the European Charter of Local Self-Government, the Group of Independent Experts on the Charter drew up a draft reasoned opinion, subsequently approved by the Institutional Committee.
The request relates to four decisions of Norwegian courts, concerning legal action taken by local authorities.
According to the experts, Norway's system has only ordinary courts, but these have the power to review the lawfulness of administrative acts. Norwegian local authorities, however, do not have a general right of administrative appeal against government decisions which have a direct effect on their financial or legal situation.
A possible legal intention to restrict the applicability of Article 11 of the Charter solely to civil cases was not set out in a reservation when Norway deposited its instrument ratifying the Charter, which means that Norway is bound by the provisions of Article 11 of the Charter, with the scope generally accepted by the States Parties and by the Council of Europe.
The Group of Experts cannot therefore accept the argument of the Norwegian Government that Article 11 of the Charter is applicable only to local authorities' own powers. The restriction of administrative supervision of local authorities is a crucial element of local self-government, and must therefore extend to the guarantees offered by Article 11.
It is consequently recommended that Norway bring its legislation and judicial practice into line with Article 11 of the Charter, and thus recognise that local authorities have the right, and may fully exercise that right, to judicial remedies, so as to ensure free exercise of their powers and the honouring of the principles of local self-government which are enshrined in international law.
6. Regional democracy in the Slovak Republic
CPR(13)6
Recommendation
PART 2
Rapporteur : David SHAKESPEARE, United Kingdom, EPP/CD
In this report, which was drawn up to assess the situation of regional democracy in the Slovak Republic following the regional reform in 2001 and the introduction of new autonomous regions, the Congress concludes that the Slovak Republic has made considerable headway in decentralisation over the last five years, that the regionalisation process has been successful and that the general situation of regional self-government can be deemed globally positive.
This report outlines the major changes under way, particularly in the field of fiscal decentralisation, and lists the main problems outstanding. The Congress considers that the legislative efforts to reinforce regional powers should be continued, and that increasing financial autonomy and expanding the technical and managerial responsibilities for human resources in the regional communities by means of vocational training would help consolidate the regional reforms.
The Congress also recommends measures to increase the turnout at regional elections and heighten citizen awareness of the role of the regions.