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

Priorities of the Congress 2013-2016

Presentation by the Rapporteurs:

Lars O. MOLIN, Sweden (L, EPP/CD) and Karl-Heinz LAMBERTZ, Belgium (R, SOC)

CG(23)5

Resolution

Since 2010, the Congress has focused on the development and promotion of local and regional democracy by strengthening its activities in the field of monitoring, election observation and promotion of human rights at the local level. It has also developed co-operation and partnership in relation to its monitoring activities. It has intensified its political dialogue with the member States and the Committee of Ministers and its relations with other institutional partners - Parliamentary Assembly, Commissioner for Human Rights and the Venice Commission.

However, the Congress’ adaptation to change has taken place within a European context marked by a particularly serious economic and financial crisis, which affects local authorities and their ability to fulfill their obligations to the citizens. The magnitude of this crisis makes it imperative to consider the different levels of local and regional governance and how they work and to find answers to the new challenges which are arising.

The priorities that the Congress has set for 2013-2016 are aimed at enabling it to continue to adapt to change while strengthening its activities in its areas of expertise, working closer to the needs of local and regional authorities and their citizens and seeking to provide visible and lasting results in the field.

The changes underway in the Arab countries - opportunities for local and regional democracy

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

CG(23)6

Resolution

Recommendation

This report takes stock of local and regional democracy in the countries of the southern Mediterranean, in particular Morocco and Tunisia, and describes the opportunities for co-operation against the background of the current political changes. It underlines how important it is for the Council of Europe to support the ongoing process of democratisation and, in particular, the expansion of local and regional democracy.

On the basis of the legal instruments available and the experience of European towns and regions in implementing them, practical proposals are put forward with a view to boosting the capacity of towns and regions to respond to the needs and aspirations of their citizens, especially young people.

The report reflects the situation in February 2012.

Opinion of the Governance Committee on the report on the changes underway in the Arab countries - opportunities for local and regional democracy

Presentation by the Rapporteur: Jon HERMANS-VLOEDBELD, Netherlands (L, ILDG)

CG(23)7

Opinion

The Committee proposes a series of amendments to the report prepared by the Current Affairs Committee, notably concerning recent cooperation activities with Morocco and Tunisia and the contribution that the Congress could make to the democratic reform processes in these countries.

Policy of the Council of Europe towards neighbouring regions: the role of the Congress

Presentation by the Rapporteur: Jean-Claude FRECON, France (L, SOC)

CG(23)8

Resolution

In response to events that have occurred in the region of the southern shore of the Mediterranean, in Central Asia and in the Middle East, the Council of Europe has decided to strengthen its relations with countries in these regions in order to participate in the development of democracy, the rule of law and respect for human rights.

The Congress welcomes this approach as well as the Parliamentary Assembly’s initiative to create a "partner for democracy” status for the national parliaments of these countries.

It is prepared to contribute to this new policy because it is convinced of the added value of strengthening relations with these countries’ local and/or regional elected representatives in order to further the development of the core values of the Council of Europe.

The Congress therefore proposes to take administrative and regulatory measures to ensure that, in due time, it may adopt a “partner for local democracy” status which may be proposed to local elected representatives from these neighbouring regions.

Youth and democracy: the changing face of youth political engagement

Presentation by: Hande BOZATLI Turkey, (R, PPE/CD)

[CG(23)9]

Resolution

Recommendation

Studies show an increasing disengagement from conventional political participation in recent years by young people. Findings suggest they vote less, membership in political parties is declining, and they distrust political institutions. What is the reason for this decreasing political commitment? According to different surveys, increasing unemployment rates among youth, an increase in precarious jobs and job insecurity, and ever more difficult transitions from school to work could contribute to young people’s apparent disillusionment.

However research indicates that young people have not disengaged from democratic and civic behaviour, their democratic values are apparently still strong.Young people engage today in different forms of democratic activities appropriate to their own understanding of democracy and citizenship, in a society in which they feel marginalised from the political process. The recent demonstrations, protests or riots in many European countries could be seen as young people’s answer to a political system that they feel does not give them their share of power and full citizenship. Young people have found other ways to make their voices heard.

Local and regional authorities can play a role in enabling young people to have their voice heard in decision-making processes by contributing to the elimination of sources of disillusionment and offering young people possibilities for real participation as proposed by the Congress’ Revised European Charter on the Participation of Young People in Local and Regional Life.

The right of local authorities to be consulted by other levels of government

Presentation by: Irmeli HENTTONEN, Finland (L, ILDG)

[CG(23)11]

Resolution

Recommendation

The right of local authorities to be consulted, enshrined in the European Charter of Local Self-Government, is a core principle of local democracy. For consultation to be effective, it has to be translated into the policy and regulatory framework of each member state. A new Congress survey of consultation policy practices in member states shows that limited progress has been achieved in the seven years since the last survey. The draft recommendation advocates a thorough and comprehensive approach to consultation as a means of ensuring better policies and legislation and improving the quality of governance at all levels.

Local and regional democracy in Azerbaijan

Presentation by the Rapporteurs:

Gudrun MOSLER-TÖRNSTRÖM, Austria (R, SOC) and Jos WIENEN, Netherlands (L, EPP/CD)

[CG(23)12]

Resolution

Recommendation

This is the second report concerning the monitoring of local and regional democracy in Azerbaijan since 2003. The rapporteurs deeply regret that, since then, most of the recommendations addressed in 2003 to the national authorities have not been implemented; nor has a timeline been set to take them on board in the foreseeable future. In this context, the Government is invited to take the necessary measures to adopt an action plan in order to implement the Congress recommendations. The report stresses the virtual inexistence of local self-government and the supervision of state bodies in the so-called municipalities, as well as the weak financial potential of municipalities, and the lack of a procedure for consultation with municipalities and national associations of municipalities, in due time and in an appropriate way, in planning and decision-making for all matters which concern them directly.

The report recommends, among other things, that the Azerbaijan Government review the law of the Republic of Azerbaijan on the status of municipalities with the aim to recognise municipalities as decentralised institutions exercising public power as part of the overall public administration, reconsider substantially and clarify the division of tasks and powers between parallel structures of local public administration, transferring the most important local public competences to municipalities and allocate sustainable financial resources to municipalities, commensurate with their competences, and ensure that municipalities can freely dispose of their resources within the scope of their powers. Finally, the Congress calls on the Azerbaijani authorities to enact a law on the special status of the capital, Baku, to consider providing a system of democratic election for the local government of Baku city.

Second-tier local authorities – intermediate governance in Europe

Presentation by the Rapporteur: Emilio VERRENGIA, Italy (L, EPP/CD)

[CG(23)13]

Resolution

Recommendation

Intermediate or second-tier local authorities have a well-established role in many Council of Europe member states, providing an important level of accountability, achieving economies of scale, increasing the efficiency of public service provision and delivering services which may not be possible for municipalities. The Congress, concerned that the current economic crisis is inciting some governments to reorganise their territorial architecture with hasty and ill-considered reforms that risk doing lasting damage to local and regional democracy, resolves to intensify its efforts to ensure that territorial reforms are carried out for the benefit of citizens and in full consultation with all levels of government.

II. REPORTS SUBMITTED TO THE CHAMBER OF LOCAL AUTHORITIES

Local democracy in “the former Yugoslav Republic of Macedonia”

Presentation by the Rapporteurs:

Simon JAMES, United Kingdom (L, ILDG) and Andrée BUCHMANN, France (R, SOC)

CPL(23)2

Recommendation

The present report on local and regional democracy in “the former Yugoslav Republic of Macedonia” follows upon Recommendation 217 adopted in 2007. It expresses satisfaction that “the former Yugoslav Republic of Macedonia” has made marked progress towards better local democracy and decentralisation and that cooperation between municipalities and the central government works well. It takes note, however, that legislation needs improvement as regards the competences of local authorities and financial equalisation and that the great disparity in wealth and development between urban and rural municipalities is cause for concern. It also takes note of the low level of citizen participation in local affairs and particularly of women in local political life.

The Congress recommends that the government of “the former Yugoslav Republic of Macedonia” enhance the portfolio of the Ministry of Local Self-Government as the main actor in the decentralisation process, clarify the issue of overlapping competences, adopt a clear legislation on equalisation providing precise guidelines, increase the own-source taxes in local budgets and transfer property of land to local authorities in an effort to increase local autonomy. It also recommends that the role and functions of Skopje as capital city and as local authority dealing with 10 sub-entities be clarified. It encourages the government to sign and ratify the Additional Protocol to the European Charter of Local Self-Government on the right to participate in the affairs of a local authority (CETS No. 207) as well as the Convention on the Participation of Foreigners in Public Life at Local Level (ETS No. 144).

Local elections in Serbia (6 May 2012)

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

CPL(23)3

Resolution

Recommendation

The Congress appointed a delegation to observe the first round of the local elections in the Republic of Serbia (Serbia) on 6 May 2012.

With the exception of some incidents, the delegation stated that the elections were conducted in an overall calm and orderly manner in, mostly, well-organised polling stations. The Congress also referred to improvements in the legal framework and the electoral system of Serbia (a new allocation system for mandates and the abolition of the so-called blank resignations of candidates) which had positive effects on the identification of local leadership. However, the organisation of three elections – at presidential, parliamentary and municipal/local level – on the same day has meant that local elections were largely overshadowed by the national vote.

Matters of concern from a Congress perspective remain the infringement of the secrecy of the vote, the lack of transparency of media ownership and the situation of the Roma minority which seems to be particularly vulnerable to possible electoral malpractices.

The Congress therefore insisted on the need to improve the equipment at polling stations where simple cardboard separations, rather than polling booths, are still in use, compromising the secrecy of the vote. It also recommended that the practice of including all interested parties in the local Polling Boards which created oversized bodies and cumbersome procedures be reconsidered. Last not least, it pointed to the need for continued efforts to fight corruption and increase financial transparency.

The Congress stands ready to support the Serbian authorities in developing programmes and strategies to address these matters.

III. REPORTS SUBMITTED TO THE CHAMBER OF REGIONS

The governance of macro-regions in Europe

Presentation by the Rapporteur: Erwin MOHR, Austria (L, EPP/CD)

CPR(23)2

Resolution

Recommendation

Macro-regional cooperation can bring many benefits to public authorities, improving public services and the quality of life of their citizens. For such cooperation to succeed, the aims must be realistic and carefully defined. The Congress is well-placed to support and accompany macro-regions, by stimulating greater cooperation in the framework of existing projects and tackling common obstacles, and proposes to include this activity in its cooperation with the intergovernmental sector.

Regional legislation and action to combat sexual exploitation and abuse of children

Presentation by: Johan VAN DER HOUT, Netherlands (R, SOC)

CPR(23)3

Resolution

Recommendation

Available data suggest that one child in every five is, at some stage, a victim of some form of sexual exploitation or abuse, one of the worst forms of violence against children. The Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse, also known as the “Lanzarote Convention”, is the first international instrument to establish the various forms of sexual abuse of children as criminal offences, including such abuse committed in the home or family, with the use of force, coercion or threats.

While many measures advocated by the Lanzarote Convention will have to be transposed into criminal and civil laws, which are usually the responsibility of the state, some crucial issues in the field of child protection may come under the remit of regions, such as the regulation and organisation of welfare, social and health services and the adoption of specific measures and structures to prevent and protect children from sexual exploitation and abuse.

This explanatory memorandum explores measures, both legislative and administrative, that regions may take in order to implement the provisions of the Lanzarote Convention at regional level.