19th SESSION

CG(19) 18
19 October 2010

SUMMARIES OF THE REPORTS

presented to the 19th Session of the Congress

Table of contents

I. REPORTS SUBMITTED TO THE PLENARY SITTINGS OF THE CONGRESS. 2

Verification of new members’ credentials and new appointment procedures. 2

Anders KNAPE, Sweden (L, EPP/CD) and Günther KRUG, Germany (R, SOC) 2

The reform of the Congress. 2

2011-2012 Priorities of the Congress. 3

Presentation by the Rapporteur: Ian MICALLEF, Malta (L, EPP/CD) 3

Observation of municipal elections in Georgia. 3

Rights and reponsibilities of local and regional elected representatives: the risks of corruption. 4

Local and regional democracy in the Russian Federation. 4

Landscape: a new dimension of public territorial action. 5

Cultural integration of Muslim women in European cities. 5

Coastal towns and cities tackling threats from the sea. 5

The integration of young people in disadvantaged areas. 6

II. REPORTS SUBMITTED TO THE CHAMBER OF LOCAL AUTHORITIES. 6

Local democracy in Montenegro. 6

Local democracy in Estonia. 7

Local time, leisure time: which local time planning policy?. 7

Meeting the challenge of inter-group relations at local level 7

III. REPORTS SUBMITTED TO THE CHAMBER OF REGIONS. 8

Co-operation between the Congress and associations representing regions in Europe. 8


I. REPORTS SUBMITTED TO THE PLENARY SITTINGS OF THE CONGRESS

Verification of new members’ credentials and new appointment procedures

Presentation by the Rapporteurs:

Anders KNAPE, Sweden (L, EPP/CD) and Günther KRUG, Germany (R, SOC)

           

CG(19)2 Resolution

As they do every year, the Rapporteurs will review the credentials of the new members and any new procedures for the appointment of national delegations in the light of the current criteria of the Congress Charter and Rules of Procedure

The reform of the Congress

Presentation by the Rapporteurs:

Halvdan SKARD, Norway (L, SOC) and Günther KRUG, Germany (R, SOC)

CG(19)4 Recommendation

The Congress will adopt a series of reforms to its structures and working methods at its 19th Session. Certain provisions of the reform may be implemented by the Congress independently and promptly and are reflected in the revised Rules of Procedure appended to the resolution on the reform of the Congress which will be submitted to the vote of the Congress.

Those proposals requiring amendment of the Statutory Resolution and Charter, and therefore subject to approval by the Committee of Ministers, are appended to this recommendation and submitted to the Committee of Ministers for adoption

CG(19) 5 Resolution

The Congress has reflected at length upon its mission, its political role, its place within the Council of Europe and on the European scene, and also upon its structures and working methods with the aim of

improving its efficiency, transparency and the quality of its contribution to the work of the Council of Europe.

The proposals presented by the Rapporteurs are the result of consultation, at key stages, of the Congress’ members, and also its partners, the national and European associations of local and regional authorities. If approved, they will enable the Congress to set in motion, in the aftermath of its 19th Session, as many practical improvements as it can in the immediate to short term, while planning for further important and wide-ranging modifications over the next two-year mandate.

Amongst proposals are such structural changes as an extended mandate of four years for members, the replacement of the Standing Committee by a Statutory Forum comprised of heads of delegations and Bureau members as well as three new committees to replace the four existing ones. In addition, the Bureau’s political role will be reaffirmed and provisions governing the representation of the underrepresented sex in delegations will be clarified and strengthened.

The Rules of Procedure of the Congress, which are appended, have been revised to take into account

the reform proposals. Changes to the Congress Charter and Statutory Resolution required by the reform have been submitted to the Congress for adoption as an appendix to a recommendation to the

Committee of Ministers.


2011-2012 Priorities of the Congress

Presentation by the Rapporteur: Ian MICALLEF, Malta (L, EPP/CD)

CG(19) 6 Resolution

At its meeting on 18 June 2010, the Standing Committee adopted Resolution 304 (2010) on the Priorities of the Congress for 2011-2012, marking its full approval of the orientations proposed and inviting the Congress Bureau to prepare a revised text for the 19th session, taking into account the results of a consultation with the national associations of local and regional authorities.

The members, national associations and observers were consulted by letter on 30 June 2010, and asked to submit their observations and comments on this text by 16 August 2010. A compilation of the replies will be presented to the 3rd General Meeting of the associations on 16 September.

The replies express strong support for the orientations set out in Resolution 304, and include a number of proposals.  The text "Priorities of the Congress for 2011-2012" has been revised to take these proposals into account.

Observation of municipal elections in Georgia

Presentation by the Rapporteur:

Günther KRUG, Germany (R, SOC), with the participation of

Sharon TAYLOR, speaker on behalf of the Committee of the Regions members participating in the

observation mision

Statement by George UGULAVA, Mayor of Tbilisi

CG(19)8 Recommendation

 Resolution

Following the official invitation from the Georgian Ministry of Foreign Affairs to observe the municipal elections of Sunday 30 May 2010, the Congress appointed an observer delegation, headed by Günther Krug (Germany, SOC), Member of Parliament of the Land Berlin. The delegation was composed of ten members of the Congress and four members of the EU Committee of the Regions, assisted by the Congress Secretariat.

The delegation concluded that the municipal elections in Georgia have shown considerable progress in respect of democracy and local self-government. The campaign was characterised by a competitive atmosphere and substantive issues. Improved overall electoral administration ensured professional and transparent processes, in particular in the run-up to these elections. Election day was generally well organised and calm. However, the delegation pointed to legal and procedural deficiencies and atmospheric disturbances on election day that could undermine the confidence of voters in the electoral process and thus put in danger the progress which had been made. This applies, in particular, to the long drawn out counting of the votes and doubtful practices of voter mobilisation and control. Concerning the pre-electoral situation there were reports of intimidation and bullying tactics. In addition, the misuse of administrative resources remains a matter of concern. Shortcomings have also been detected in respect of the appeal procedure.


Rights and reponsibilities of local and regional elected representatives: the risks of corruption

Presentation by the Rapporteur: Dubravka SUICA, Croatia (L, EPP/CD)

Statements by:

Antti LIIKKANEN, member of the Committee of the Regions of the European Union

Miklos MARSCHALL, Regional Director for Europe and Central Asia

of Transparency International

CG(19)10 Resolution

The implementation of local and regional self-government in Europe is an important asset for democracy. But self-government includes a considerable shift of responsibilities and duties to local and regional elected representatives. These last are required to act in the frame of acknowledged ethical values and according to the criteria of good governance.

Good governance implies a transparent fulfilment of public duties. Territorial administrations, while providing services to citizens, also manage significant public funds and are required to ensure a fair management of public expenditure and counteract any form of favouritism and corruption.

While dealing with public duties, corruption is a considerable risk. Some instruments and some compendia of good practices for counteracting corruption already exist. These instruments should be updated: recently, corruption mechanisms have evolved and new methods for by-passing the law are in use. The international conference held in Messina on 6 May 2010 analysed some new trends in the “corruption issue” and provided some indications on how to counteract it: the sharing of ethical values, prevention, good governance and public participation are considered key measures in this field.

Local and regional democracy in the Russian Federation

Presentation by the Rapporteurs: Christopher NEWBURY, United Kingdom (L, EPP/CD) and

Knud ANDERSEN, Denmark (R, ILDG)

 CG(19)11 Recommendation

This follow-up report looks at the situation of local and regional democracy in the Russian Federation in the light of the European Charter of Local Self-Government, Congress Recommendation 143 (2004) and Resolution 171 (2004). It also takes account of the Reference Framework for Regional Democracy.

The report highlights that the Russian Government has made important efforts to align itself with the Charter and that these efforts should be continued as part of the current reforms. The recommendation invites the Russian authorities inter alia to improve national legislation on local self-government, especially where the dismissal of mayors is concerned, to revise the electoral system, to take the necessary measures to reduce corruption and to ensure that freedom of expression and political debate are fostered at local and regional level. The Congress likewise reiterates its recommendation that the Russian authorities reintroduce direct elections for regional governors.


Landscape: a new dimension of public territorial action

Presentation by the Rapporteurs : Inger LINGE, Sweden (R, EPP/CD) and Devrim CUKUR, Turkey (R, SOC)

CG(19)14 Recommendation

Landscape is a new field for territorial action which links together the imperatives of economic development, preservation of natural resources and requirements in terms of quality of life for European populations. Public action on landscape also provides responses to meet the major challenges related to the radical transformations of European landscapes.

The European Landscape Convention, which was drafted at the initiative of the Council of Europe’s Congress of Local and Regional Authorities, sets out principles for political action which are ideally suited to local and regional levels. It has led to many innovatory spatial development experiences by local and regional authorities across Europe.

The Congress has decided that these experiences should be more widely publicised. It calls on the territorial authorities to shoulder their responsibilities under the Convention and to ensure that the landscape is a central element in their policies.

Cultural integration of Muslim women in European cities

Presentation by the Rapporteur: Amy KOOPMANSCHAP, The Netherlands (L, SOC)

 CG(19)12 Resolution

Muslim women in European cities often have difficulty integrating into society because of a combination of factors, including language problems, cultural differences and media stereotypes

This report provides an overview of the situation in European countries with Muslim minorities, notes some good practices in some member States and shows how local authorities can facilitate the cultural integration of Muslim women.

Coastal towns and cities tackling threats from the sea

Presentation by the Rapporteur: Iñigo DE LA SERNA HERNAIZ, Spain (L, EPP/CD)

 CG(19)13 Recommendation

 Resolution

Rising sea levels, worsening of coastal flooding, growing intensity of storm surges and increasing frequency of extreme events are among the most dramatic impacts of global warming.

These threats from the sea represent a direct risk to the well-being of persons, their property, and more broadly, the coast and its towns and cities which are particularly vulnerable areas. They are a clear illustration of how a certain number of fundamental rights can be affected directly, or indirectly, by climate change.

Local and regional authorities are essential actors for risk prevention and adaptation of their territories. The magnitude of the foreseen disturbances requires that they anticipate better and reduce the vulnerability of their territories. It means the development of a new risk culture and new governance practices.

The search for solutions to limit the risks to our coasts is in the public interest, it aims to protect individuals against foreseeable threats, notably the increasing risks in certain regions. It is a question of political interest but also an issue of ethics and moral responsibility.

The integration of young people in disadvantaged areas

Presentation by the Rapporteur: Eunice CAMPBELL-CLARK, United Kingdom (R, SOC)

 CG(19)15  Recommendation

Resolution

The transition of young people to adult life is not always an equal and smooth process: some benefit from new opportunities whilst others experience vulnerability and exclusion.  The Congress believes that local and regional authorities must rise to the challenge to reduce this “youth divide” and to promote the social inclusion of all young people, regardless of their social, ethnic and cultural background.

However, due to multiple difficulties faced by young people from disadvantaged neighbourhoods, policies and methodologies cannot be transposed wholesale from one group to the next or even sometimes from one individual to the next.  Hence the need to invest in youth work and youth policy to develop a framework capable of delivering programmes and practice which will produce positive outcomes for these young people and develop their self-belief and confidence.

The main purpose of these projects and working methods developed by local and regional authorities, by youth NGOs and by young people themselves, is to lift young citizens out of the social exclusion in which they live and to empower them to reach their full potential, as well as to take their proper place and play a meaningful role in society.

II. REPORTS SUBMITTED TO THE CHAMBER OF LOCAL AUTHORITIES

Local democracy in Montenegro

Presentation by the Rapporteur: Nigel MERMAGEN, United Kingdom (ILDG)

 CPL(19)4 Recommendation

This first Congress recommendation and explanatory memorandum examine the state of local democracy in Montenegro in the light of the European Charter of Local Self Government and suggest a list of recommendations aimed at reforming the voting system of local authorities, enhancing capacities of municipalities, promoting intermunicipal cooperation, etc.

In the course of the last decade there has been considerable focus on reform programmes focusing on the structure and functioning of local administration and financing mechanisms of local self-government bodies in Montenegro and this is a continuing process.

The Rapporteur’s overall view is that the provision made on local self-government in the Constitution and other relevant legislation is Charter compatible. This is a situation, which reflects the commitment on the part of the Montenegrin Government, local authorities and the Union of Municipalities to the reform of local self-government in the country on a principled basis.

The delegation, however, also noted several concerns about the Charter compatibility of the practice, as compared to the law, of several issues, such as the insufficient staffing and financial means of municipalities to perform attributed competences and presented a number of conclusions and related recommendations.


Local democracy in Estonia

Presentation by the Rapporteur: Jos WIENEN, Netherlands (EPP/CD)

CPL(19)5 Recommendation

This report considers the situation of local democracy in Estonia. It follows a monitoring visit conducted in 2000 and aims at assessing the action undertaken following the adoption of Recommendation 81(2000). It concludes that local democracy in Estonia has improved since the last monitoring report. The current recommendation points out to the Estonian authorities that there are certain issues that should, according to the delegation which carried out this visit, be subject to reform. These issues include granting special status to the city of Tallinn, revising national legislation in order to allocate to local authorities financial resources commensurate with the increasing responsibilities assigned to them, allowing local governments to raise local taxes to increase revenues and adapting the procedure of consultation of local and national associations, so as to conform to Article 4, paragraph 6 of the European Charter on Local Self-Government.

Local time, leisure time: which local time planning policy?

Presentation by the Rapporteur:

Clotilde TASCON-MENNETRIER, France (SOC)

 CPL(19)3 Recommendation

 Resolution

Time is a key aspect of citizens’ daily quality of life as well as a major factor of inequality.

Therefore an increasing number of local authorities establish time planning policies, which complent spatial planning policies, attuning the organisation of public and private services more to changes in living patterns.

The implementation of these integrated policies gives rise to new forms of institutions, local governance and communication.

The Congress draft resolution and recommendation aim at the adoption of time policies by local authorities everywhere in Europe and encourage the setting up of time offices, which are key instruments of these innovative policies.

Meeting the challenge of inter-group relations at local level

Rapporteur: Esther MAURER, Switzerland (SOC)

CPL(19)2 Recommendation

Resolution

The population structures of European cities have been significantly shaped by recent migration processes. The resulting ethnic, religious and cultural plurality challenges social cohesion and relations between groups and, thus, raises new issues for local politics.

Apart from socio-economic issues such as housing and employment problems which are considered as crucial for social cohesion, local authorities must address other challenges such as: relations with migrant organisations, discrimination, negative attitudes and conflicts between groups, religious issues and the problem of radicalisation within both the majority and minority population.

The report elaborates on these challenges and presents policy recommendations in order to meet them.

III. REPORTS SUBMITTED TO THE CHAMBER OF REGIONS

Co-operation between the Congress and associations representing regions in Europe

Presentation by the rapporteurs:

Ludmila SFIRLOAGA, Romania (SOC) and Herwig VAN STAA, Austria (EPP/CD)

 CPR(19)3 Resolution

"Work[ing] in close co-operation, on the one hand with the national, democratic associations of local and regional authorities, and, on the other hand, with the European organisations representing local and regional authorities of the member States of the Council of Europe, and notably with the Committee of the Regions of the European Union" is one of the objectives of the Congress set out in Statutory Resolution (2007) 6 (Article 2, para 1, e).

The Congress (Chamber of Local Authorities and Chamber of Regions) as a whole maintains regular relations with national and European associations of local and regional authorities and – following a hearing with leaders of those associations and a decision by the Bureau – has granted observer status to some European associations.

For its part, the Chamber of Regions maintains close working relations with the main associations representing "regions" in Europe.

At a time when the Congress is preparing to adopt a major reform of its structures and working methods, it is important to assess the existing co-operation arrangements and agree a new working framework so that the Congress and the Chamber of Regions derive maximum benefit from these working relations with European regional associations.

This report highlights the importance of the co-operation here, in terms both of publicising the work of the Congress on regional democracy more widely and of turning the experience of these organisations to good account, given the wide range of regional interests which they represent.

Following analysis of the objectives of the main associations and assessment of the various types of relations established with the Congress, the report sets out practical proposals for co-operation to be established with the individual organisations (in particular with those holding observer status with the Congress) with a view to contributing to the development of regional democracy in Europe.

Sustainable development of mountain regions and the experience of the Carpathian Mountains

Presentation by the Rapporteur: Mykhayio KICHKOVSKYY, Ukraine (EPP/CD)

CPR(19)2 Recommendation

Resolution

The importance of mountains in the European landscape is often undervalued. The Congress reaffirms the need for a special and integrated approach that delivers sustainable solutions to the structural challenges of mountain regions as outlined in its draft European Charter for Mountains.

Indeed, mountain regions are important homes of natural and cultural heritage, they also provide crucial ecosystem services for the entire population. Sustainable economic development is a priority for these regions but a balance has to be found between economic development and environmental protection.

Economic and social cohesion should be at the heart of mountain policies, as they require measures which are compatible with the protection of, and respect for, the environment and which take into account the human and democratic rights of mountain residents. For these policies to be effective and coherent, they should apply to the entire mountain massif and rely on transfrontier and regional cooperation.

The Carpathian region is emblematic of the diverse and specific difficulties facing mountain regions. Its environment and natural resources are under increasing economic pressure which is putting the ecological, economic and social balance of the region in danger. The region therefore deserves a strong and dynamic local and regional governance and to receive special attention from the international and European community.