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

Best practices of implementation of human rights at local and regional level in member states of the Council of Europe and other countries

Presentation by the Rapporteur Lars O. MOLIN, Sweden (L, EPP/CCE)

CG(26)5PROV

Resolution

This is the third report on human rights at local level since the adoption in 2010 of Resolution 296 on the role of local and regional authorities in the implementation of human rights. It underlines the complementary role the Congress plays in the promotion of human rights by aiming to raise awareness among local authorities of their shared responsibility in this area.

The report gives good practice examples from local and regional authorities in member States that can be of interest to all elected representatives in order to ensure respect, protection, implementation and promotion of human rights. It emphasises the diversity of possible responses in the delivery of services to citizens and the importance of taking a proactive stance as well as giving visibility to local authorities’ commitment. Recognising the immensity of the task related to working on all relevant human rights and with all groups of citizens, the present report suggests that human rights be taken into consideration in daily decisions and activities undertaken by elected representatives, in order to improve their implementation at all levels of governance.

The situation of Leyla Güven and other local elected representatives in detention in Turkey

Presentation by the Rapporteurs:

Anders KNAPE, Sweden (L, EPP/CCE) and Leen VERBEEK, Netherlands (R, SOC)

CG(26)6PROV

Resolution

Recommendation

Leyla Güven was arrested on 29 December 2009, while she was mayor of Viranşehir and member of the Congress. More than four years later, she is still in detention. She has been on trial since 2010, with no end to her trial in sight.

As Turkey prepares itself for new local elections, in March 2014, a large number of mayors, deputy mayors and municipal councillors remain in long-term remand detention.

The Congress rapporteurs report on their second visit to Leyla Güven in detention and, noting that all detained members of the Turkish Grand National Assembly have now been freed as a result of a recent ruling of the Turkish Constitutional Court, request that the same principles be applied to the local elected representatives who remain in detention..

Local and regional democracy in the Netherlands

Presentation by the Rapporteurs:

Artur TORRES PEREIRA, Portugal (L, EPP/CCE) and Jean-Pierre LIOUVILLE, France (R, SOC)

CG(26)7PROV

Recommendation

This is the third report on the state of local and regional democracy in the Netherlands. It underlines that the Dutch authorities seek on the whole to implement the principles set out in the Charter and are ready to consider the pertinence of ratifying some of the provisions not accepted at the time of ratification of the Charter. The report underlines the efforts made at municipal level, in particular in the context of the “Dualisation” reform and the modification of the Municipalities Act. It also refers to the good relationship between central and local authorities and to the authorities’ desire to ensure citizen participation in the political decision-making process. However, the report does express some concern about the fact that the principle of local self-government is not recognised in the Constitution or the relevant legislation. Moreover, the competences of municipalities and provinces are not clearly delimited and are restricted because of the medebewind co-governance mechanism. The mechanisms for consultation of municipal authorities by central government are also inadequate. Lastly, the report highlights the lack of financial resources of local authorities, which are dependent on state transfers and whose income has been limited by the local taxation reform.

It is recommended that the Dutch authorities apply Article 2 of the Charter and define the principle of local and regional self-government in the Constitution or in domestic law. They are urged to clarify and reinforce the “autonomous” and “proper” competences of municipalities and provinces, while also improving the mechanism for consultation between central government and local authorities. The Dutch authorities are also asked to amend the law on municipal and provincial finances and to improve local taxation so that local authorities have greater autonomy. Lastly, the authorities are encouraged to reconsider the relevance of the declaration of non-acceptance of certain provisions of the Charter made when the Charter was ratified by the Netherlands.

Empowering Roma youth through participation: effective policy design at local and regional levels

Presentation by the Rapporteurs:

Inger LINGE, Sweden (R, EPP/CCE) and John WARMISHAM, United Kingdom (L, SOC)

CG(26)8PROV

Résolution

Recommandation

The plight of Roma people, who face massive discrimination and disadvantage, was brought centre stage in 2010 when the Secretary General of the Council of Europe, Thorbjørn Jagland, convened a high-level meeting to discuss the situation of Roma in Europe. Young Roma face the same discrimination and disadvantages as their elders, but also sometimes have to cope with the weight of securely anchored traditions. In addition, they have to endure the same problems as all young people today: unemployment, social and economic exclusion, difficult transitions to adulthood, and an uncertain future. With young Roma people, however, these problems are exacerbated by the fact they are Roma.

The report proposes action that must be taken by local and regional authorities when designing policies to ensure Roma youth have full access to their social rights, such as education and employment, and to combat the high levels of discrimination and anti-Gypsyism to which they are subjected. Attention also needs to be paid to young Roma women and girls and to other vulnerable groups, such as those with disabilities, LGBT persons, migrants and undocumented young people, who face multiple forms of discrimination. The report also puts forward proposals for empowering young Roma through their better participation in society, and for strengthening the Roma youth movement.

Strategy on the right of local authorities to be consulted by other levels of government

Presentation by the Rapporteur Mr Anders KNAPE, Sweden (L, EPP/CCE)

CG(26)9PROV

Resolution

Recommendation

The consultation of local authorities by other levels of government, as set out in the European Charter of Local Self-Government is a fundamental principle of local democracy. In its Resolution 347 (2012) and Recommendation 328 (2012), the Congress has fixed this as a priority activity, nominated a thematic rapporteur on the subject and, in the follow-up to Resolution 347, has prepared a strategy to strengthen this principle at European level.

This new resolution presents a strategy to orientate the Congress work in this area for the period 2014-2016 and in particular to draw up guidelines for all stakeholders to help them improve consultation processes.

Local and regional democracy in the United Kingdom

Presentation by the rapporteurs:

Angelika KORDFELDER, Germany (L, SOC), and Alexander USS, Russian Federation (R, EPP/CCE)

CG(26)10PROV

Recommendation

This is the second report on the state of local and regional democracy in the United Kingdom and follows up on Recommendation 49 of 1998. The report expresses satisfaction that the United Kingdom is, in general, in compliance with the obligations taken under the Charter and that, compared to 1998, the situation has improved, notably through the devolution process. As regards consultation procedures, the report welcomes the successful partnership approach adopted in Scotland, Wales and Northern Ireland. It notes that there are some areas of concern, particularly as regards the financial resources of local authorities, their limited taxing powers and their dependence on government grants. It also underlines that there are ambiguities that need to be addressed in areas such as the lack of recognition of the right to local self-government in the law beyond the general powers granted by the Localism Act 2011, and the limitation of local authorities’ discretion to manage local affairs through the intervention by various ministries of the central government.

The rapporteurs, aware of the difficulty of anchoring local self-government in constitutional law, given the legislative framework of the country, invite the UK Government to consider the various existing codification proposals for local government in England in order to strengthen the position of local authorities. They recommend that the UK Government take measures to reduce the financial burden on local authorities arising from budget cuts and indebtedness, and reinforce the role of elected office holders by improving their status. They encourage the UK authorities to update their declaration concerning the scope of the application of the Charter to include the Greater London Authority as well as Northern Ireland. Finally, they invite the Government to consider the ratification of other instruments related to the Charter, namely the Convention on the Participation of Foreigners in Public Life at Local Level, the Additional Protocol to the European Charter of Local Self-Government on the right to participate in the affairs of a local authority and the Additional Protocol to the European Outline Convention on Trans-frontier Co-operation between Territorial Communities or Authorities.

Local and regional democracy in Sweden

Presentation by the Rapporteurs:

Luzette WAGENAAR-KROON, Netherlands (L, EPP/CCE) and Gudrun MOSLER-TÖRNSTRÖM, Austria (R, SOC)

CG(26)12PROV

Recommendation

This is the second report concerning the monitoring of local and regional democracy in Sweden since 2005. It expresses satisfaction that Sweden, which has a powerful local government system, on the whole complies with the provisions of the European Charter of Local Self-Government. It welcomes the newly established principle of proportionality in the Swedish constitution which aims to ensure that restrictions in local self-government do not exceed what is necessary, and the granting of regional development competences to many county councils. It underlines the fact that Sweden has managed to shelter the local budgets from any cuts during the economic crisis. The report notes, on the other hand, that local authorities in Sweden also face challenges which need to be solved through close consultation between local and central authorities on subjects that include the limitations put on local authorities by detailed state regulations, the problems created by the non-indexation of state grants and by the insufficient involvement of local authorities in the estimation of cost implications of new state legislation concerning the local level.

The report recommends that Swedish authorities introduce the principle of subsidiarity into the Swedish constitution, in addition to the principle of proportionality, to ensure that the division of powers between the State and the local authorities remains in conformity with the Charter, in law and in practice. It invites the Swedish authorities to index state grants and to link them to demographic changes, and to allow local authorities stronger involvement in the estimation of cost implications of new state legislation concerning them. It encourages the authorities to consider the benefits of setting up a formalised system of consultation which is regulated by law. Finally, it invites the authorities to ratify Protocol No. 3 to the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities concerning Euroregional Co-operation Groupings (ECGs) (ETS No. 206).

Post-monitoring of local and regional democracy in Bosnia and Herzegovina

Presentation by the Rapporteurs:

Beat HIRS, Switzerland (L, ILDG) and Jean-Marie BELLIARD, France (R, EPP/CCE)

CG(26)13PROV

Resolution

Recommendation

This is the first post-monitoring report on local and regional democracy in Bosnia and Herzegovina. It emphasises the efforts made to improve the legislative framework, which now explicitly mentions the Charter. The rapporteurs welcome the carrying out of the population census in order to improve the delivery of public services at local level and are delighted that the authorities have expressed agreement about the need to ensure that legislation is consistent where local self-government is concerned. However, the report does express some concerns about the lack of measures in response to Recommendation 324, relating in particular to the absence of constitutional reform which would safeguard citizens’ fundamental rights. The report also highlights a lack of action in respect of the recognition of municipal property and the improvement of inter-municipal co-operation.

The recommendation, pointing to the long-standing political and institutional deadlock at State and Federation levels, invites the authorities of Bosnia and Herzegovina to guarantee the fundamental functions of local self-government, allocating sufficient financial resources to local authorities and revising the financial equalisation mechanism. Attention is drawn to the need for legislative review in order to guarantee a clear apportionment of powers, in line with the principle of subsidiarity. Encouragement is also given to the strengthening of inter-municipal co-operation and to legislation recognising municipalities’ property. The authorities are invited to sign and subsequently ratify the Additional Protocol to the European Charter of Local Self-Government on the right to participate in the affairs of a local authority, and to support the post-monitoring process in 2014. Finally, the authorities of Bosnia and Herzegovina are urged to draw on the expertise of the Congress for any reform programmes which would strengthen devolution, in co-operation, with local stakeholders.

II. REPORTS SUBMITTED TO THE CHAMBER OF LOCAL AUTHORITIES

Local democracy in Armenia

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

CPL(26)2PROV

Recommendation

This is the second report on the state of local democracy in Armenia. It underlines the efforts made to implement the provisions of the Charter, in particular constitutional changes in 2005 and the passage of a new law in 2008. Progress has also been made concerning the legal status of municipal officials. The rapporteurs welcome the ratification of the Additional Protocol to the Charter on the right to participate in the affairs of a local authority and the passage of legislation to strengthen citizen participation. The report does, however, refer to various points of concern. Most local services are managed by the state and municipalities have limited service delivery capacity, mainly because of their small size. Moreover, local authorities play a limited role because powers are poorly delimited, they do not have full and exclusive powers and there is no formal mechanism for consultation with central government. The report highlights that financial and economic matters are supervised by the state, local authorities have limited own resources, there are no real local taxes and the implementation of the financial equalisation mechanism needs to be reviewed.

It is recommended that the Armenian authorities review the legislation for implementing the principle of subsidiarity. The Armenian authorities are urged to foster inter-municipal co-operation and increase the capacity of community councils. It is also recommended that they define and ensure the exercise of full and exclusive powers for local authorities. They are further urged to set up a formal consultation mechanism, limit administrative supervision to reviews of the legality of local authorities’ action and increase local authorities’ own resources. Lastly, it is recommended that the efficiency of the tax mechanism in municipalities be improved and the financial equalisation mechanism be reviewed so that the calculation criteria take closer account of the actual economic situation faced by local authorities and, in particular, that national associations of local authorities are involved in the calculation procedures.

[1]. L: Chamber of Local Authorities / R: Chamber of Regions

EPP/CCE: European People’s Party - Christian Democrats Group

SOC: Socialist Group

ILDG: Independent and Liberal Democrat Group

ECR: European Conservatives and Reformists Group

NR: Members not belonging to a political group of the Congress