Ministers' Deputies
    CM Documents

    CM(2003)159 19 November 2003
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    866 Meeting, 17 December 2003
    10 Legal questions


    10.1 Steering Committee on Local and Regional Democracy (CDLR)

    Abridged report of the 32nd meeting (Strasbourg, 3-5 November 2003)

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    1. Opening of the meeting

    The meeting was opened by Mr Pekka KILPI (Finland), Chair of the CDLR, who welcomed the participants.1

    2. Adoption of the agenda

    The agenda was revised and adopted (Appendix I).

    3. Bureau of the CDLR

    The Committee took note of the report of the Bureau meeting of 1 October 2003.

    4. Decisions taken by the Committee of Ministers concerning the CDLR

    The Committee took note of the relevant decisions adopted by the Ministers' Deputies at their latest meetings.
    In reply to decision No. CM/856/02072003 of the Committee of Ministers giving the CDLR ad-hoc terms of reference, the Committee noted that it was requested to consider Recommendation 130 (2003) of the CLRAE on the European Charter for Mountains together with its Appendix taking account of the opinion of the Parliamentary Assembly, with a view to preparing a draft recommendation of the Committee of Ministers to member states.
    However, as the Parliamentary Assembly would only adopt its opinion in January 2004, the Committee requested the Committee of Ministers to postpone the date of completion of these terms of reference to
    June 2004.

    Following the decision of the Committee of Ministers to communicate to the CDLR the Parliamentary Assembly Recommendation 1609 on Positive experiences of autonomous regions as a source of inspiration for conflict resolutions in Europe for possible comments by 1 December 2003, the Committee adopted the comments appearing in Appendix II.

    In respect of Recommendation 128 (2003) of the CLRAE on the Revised European Charter on the Participation of Young People in Local and Regional Life and in the light of its previous work in the field of the participation of citizens in public life at local level, the CDLR expressed its readiness to assist the Joint Council on Youth (CMJ) in the implementation of Decision No. CM/855/02072003 assigning the CMJ ad hoc terms of reference to prepare a draft recommendation of the Committee of Ministers to member states in this field.

    5. Information on the work of other Council of Europe bodies

    The Committee took note of the information provided on the work of other Council of Europe bodies.

    The CLRAE presented information concerning its mini-session and the calendar of its monitoring activities. The CDLR members expressed their appreciation for the monitoring reports prepared by the CLRAE and invited it to strengthen the monitoring activities and to adapt them to the situation of the different member states.

    6. Implementation of the programme of activities for 2003

    6.1 Overview of activities and meeting reports

    The Committee took note of the overview of activities and of the meeting reports of its subordinate committees.

    6.2 Activities on democratic citizenship and participation

    6.2.1 Monitoring the impact of both the Convention on the participation of foreigners in public life at local level and the Recommendation on participation of citizens in local public life

    The Committee adopted the final report to the Committee of Ministers on Monitoring the impact of both the Convention on the participation of foreigners in public life at local level and the Recommendation on participation of citizens in local public life (see Appendix III). It further agreed with the proposals for further follow-up presented by the CDLR rapporteur, Mrs Greta Billing (Norway).

    6.3 Activities on framework and structure

    6.3.1 Draft legal instruments on regional self-government

    The CDLR took up this work on the basis of the Final Activity Report produced by the LR-FS Committee (CDLR (2003) 31). The CDLR examined the texts of both the draft Recommendation and the draft Convention on Regional Self-government in detail. The CDLR agreed that it should as far as posible seek to submit to the Committee of Ministers draft texts of legal instruments that do not have texts still in brackets, necessitating in-depth discussion and analysis of the different proposals. Furthermore, it decided that in addition to these draft texts the Final Activity Report should in the narrative part :

    a. reflect the issues to be addressed in the Explanatory Report/ Memorandum to the legal instrument ultimately to be adopted;
    b. inform the Committee of Ministers of the different proposals as to the substance of provisions of the two draft instruments and
    c. reflect the reasons and analysis in support of the different views.

    Despite the efforts of all delegations and notably the Chair to finalise this work within the timeframe of the meeting of the CDLR, the Committee had to conclude that it would not be possible to do so in a satisfactory manner by the end of the meeting. The CDLR therefore decided to request from the Committee of Ministers an extension of the deadline for the completion of its terms of reference from 31 December 2003 to 30 June 2004.

    In so doing the Committee decided to draw the attention of the Committee of Ministers to the fact that work has nonetheless advanced well. The text of the draft Convention is ready and the text for the draft Recommendation almost. Furthermore, the broad lines of the Final Activity Report have been set out (see Appendix IV). The CDLR is therefore confident that with the additional time requested it will be able to complete its work in a satisfactory manner.

    6.3.2 Detailed comparative study of the extent and nature of local authorities' responsibilities

    The Committee took note of a questionnaire and agreed that delegations concerned send their comments to the Secretariat by 7 November 2003. The questionnaire will be sent to volunteering delegations for them to reply by 31 January 2004.

    6.3.3 Reports on the structure and operation of local and regional democracy

    The Committee took note of the implementation of the activity and adopted the report on Latvia. In connection with this report, the Russian Federation made the statement which appears in Appendix V.

    6.4 Activities on finance and services

    6.4.1 Accounting practices at local and regional level

    The Committee took note of the implementation of the activity and reminded its members of the invitation to reply to the questionnaire adopted by the LR-FL Committee by 31 December 2003.

    6.4.2 Draft Performance management of public services at local and regional level

    The Committee took note of the implementation of the activity and reminded its members of the invitation to reply to the questionnaire adopted by the LR-FL Committee by 31 December 2003.

    6.4.3 Internal audit at local and regional level

    The Committee took note of the postponement of this activity until the replies to the questionnaire on “Performance management of public services at local and regional level” have been processed.

    6.4.4 Updating of Recommendation Rec(2000)14 on local taxation, financial equalisation and grants to local authorities

    The Committee revised the draft recommendation on the financial resources of local and regional authorities and decided to declassify this document and initiate a series of consultations on it, particularly with other international organisations.

    The draft recommendation will be examined again during the next CDLR meeting, especially in the light of the different national and international consultations that will take place.

    6.4.5 Draft recommendation on financial and budgetary management at local and regional levels

    The Committee noted that, following the written procedure, the draft explanatory report to the recommendation was considered to be adopted and that the draft recommendation and its draft explanatory report will be transmitted to the Committee of Ministers for adoption in December 2003.

    6.5 Activities on transfrontier co-operation

    6.5.1 Inter-territorial co-operation of regional and local authorities in Europe

    6.5.2 Measures adopted in order to promote the learning of the language(s) of the neighbouring country (countries)

    6.5.3 Conditions of transfrontier mobility for elected representatives and administrative staff at local level

    6.5.4 Reactualisation of the Council of Europe reports on transfrontier co-operation

    6.5.5 Impact of European Union enlargement on transfrontier co-operation

    6.5.6 Regional agreement on transfrontier co-operation in Balkan region

    The Committee took note of the implementation of the activities. It also confirmed its interest in the LR-CT introducing the “enlargement” dimension in its programme. The Committee welcomed the adoption by the Committee of Ministers of the Chisinau political declaration on transfrontier and interterritorial co-operation between states in South-Eastern Europe and requested that it be circulated among delegations.

    6.6 Activities on transversal topics

    6.6.1. Public ethics

    The Committee examined the draft Handbook on good practice in the light of the opinions expressed and of the national consultations reports sent by the delegations.

    It also held an exchange of views on the organisation of the Conference in the Netherlands (Noordwijkerhout, 31 March – 1 April 2004) and on the follow-up to be given to the activity.

    6.6.2 Use of information technology in the modernisation of service delivery and citizens' participation at local and regional level

    The Committee recalled that its report on this topic has been published on the Internet. The CDLR did not take any decision on the question of whether a recommendation of the Committee of Ministers should be prepared on the basis of that report, pending the outcome of the work on e-governance in general being carried out in the intergrated project on “Making Democratic Institutions Work” (IP1) (see also item 10).

    The Committee decided to establish a working party made of 8 members that should meet on 19 November in order to finalise, on the basis of written contributions from all members, an input of the CDLR into the draft recommendation on e-governance under preparation in IP1. It also agreed that Mr Kohn (Germany) would continue to represent the CDLR in the IP1 Working Group on the subject.

    6.6.3 Tour de table on frontline issues of change

    The Committee took note of the synthesis prepared by the Secretariat.

    6.7 CDLR communication strategy

    6.7.1. LOREG database

    6.7.2. CDLR Internet site

    6.7.3. CDROM

    6.7.4 State of publications

    The Committee took note of the information contained in the document CDLR(2003)44.

    It decided to declassify its agendas and the agendas of its subordinate committees, as well as the document presenting an overview of the implementation of its activities.

    7. Implementation of the Assistance programmes in the field of local and regional democracy

    The Committee took note of the implementation of the Assistance Programmes and held a discussion on the possible ways to reinforce member states' support to the implementation of these programmes.

    8. 14th Conference of European Ministers responsible for local and regional government

    The Committee agreed to hold the next Conference of European ministers responsible for local and regional government in early 2005 in Budapest in order to examine the results of the work carried out by then on the legal instruments on regional self-government and discuss “delivering good local and regional government – the common aim of a pan-European strategic partnership”.

    The Committee instructed the Bureau and the Secretariat to develop this proposal and to present the CDLR with a more in-depth paper for discussion at its meeting in May 2004.

    9. Programme of activities for 2004/2005

    The Committee examined the proposed programme for the year 2004 and the outlook for 2005 on the basis of the document prepared by the Secretariat. It noted the ongoing activities and agreed with the proposals for new activities. The overview of activities for 2004 appears at Appendix VI.

    The CDLR adopted terms of reference for its sub-committees and decided to transmit them to the Committee of Ministers for approval (Appendix VII).

    The Committee also agreed on its schedule of meetings for the first half of 2004 and the preliminary schedule of meetings for the second half of 2004 (subject to confirmation in May 2004 at the latest) (Appendix VIII).

    The Secretariat thanked those delegations that had already (provisionally) responded to the questionnaire for the Programme of Work (2005) [CDLR(2003)51]. Delegations were reminded that the deadline for replies is 31 December 2003.

    10. Integrated Projects

    The CDLR was informed of the state of implementation of the Integrated Projects on “Making democratic institutions work” (IP1) and “Responses to violence in everyday life in a democratic society” (IP2) and their co-operation with the local and regional democracy sector.

    As regards IP1, the Committee agreed to hold a consultation meeting as set out under item 6.6.2 above.

    The Committee appointed Mrs Degiovanni (France) to represent it at the working group set up by the IP2 to prepare the Conference on urban violence to take place in 2005.

    11. Recent developments

    The Committee took note of the state of signatures and ratifications of the conventions of relevance to the CDLR.

    12. Election of Bureau members

    The CDLR agreed on the procedure for the elections which was proposed by the Secretariat at the request of the Chair. The Vice-Chairman expressed his regrets that this issue had not been discussed in advance by the Bureau.

    The Committee elected its Chair (Mr G. HERCZEG), its Vice-Chair (Mrs G. BILLING), and four members of the Bureau (Mr P. ROWSELL, Mrs M. ORTAKOVA, Mr A van der GOOT and Mr P. SKARDŽIUS). The composition of the Bureau in 2004 is as follows:

    Chair: Mr György HERCZEG (Hungary)
    Vice-Chair: Mrs Greta BILLING (Norway)
    Members: Mr Jose Manuel RODRIGUEZ ALVAREZ (Spain)
    Mr Paul ROWSELL (United Kingdom)
    Mrs Maja ORTAKOVA (“the former Yugoslav Republic of Macedonia”)
    Mr Auke van der GOOT (The Netherlands)
    Mr Paulius SKARDŽIUS (Lithuania)

    The Committee invited the Secretariat to submit in due time proposals for rules of procedure, including for elections.

    13. Other business

    The representative of AER presented the most recent activities of the European Association of State Territorial Representatives.

    14. Date of the next meeting

    The Committee will hold its next plenary meeting on 17-19 May 2004.

    15. Adoption of the abridged meeting report

    The Committee adopted the abridged meeting report.

    APPENDIX I

    AGENDA

    1. Opening of the meeting

    2. Adoption of the agenda

    3. Bureau of the CDLR
    - Draft report of the CDLR Bureau meeting of 1st October 2003

    4. Decisions taken by the Committee of Ministers
    concerning the CDLR

    5. Information on the work of other Council of Europe bodies

    6. Implementation of the programme of activities for 2003

    6.1 Overview of activities and meeting reports

    - Overview of implementation of activities
    - Report of the LR-CT meeting (30 June–1 July 2003)
    - Report of the LR-FL meeting (8-9 September 2003)
    - Draft report of the LR-FS meeting (29-30 September 2003)
    - Draft report of the LR-PE meeting (13-14 October 2003)

    6.2 Activities on democratic citizenship and participation

    · Activities implemented directly by the CDLR

    6.2.1 Monitoring the impact of both the Convention on the participation
    of foreigners in public life at local level and the Recommendation
    on participation of citizens in local public life

    6.3 Activities on framework and structure

    · Activities implemented by LR-FS

    6.3.1 Draft legal instruments on regional self-government

    · Activities prepared directly by/for the CDLR

    6.3.2 Detailed comparative study of the extent and nature
    of local authorities' responsibilities

    6.3.3 Reports on the structure and operation of local and regional democracy

    6.4 Activities on finance and services

    · Activities implemented by the LR-FL

    6.4.1 Accounting practices at local and regional level

    6.4.2 Performance management of public services at local and regional level

    6.4.3 Internal audit at local and regional level

    6.4.4 Updating of Recommendation R (2000) 14

    · Activities prepared directly by/for CDLR

    6.4.5 Draft recommendation on good practices in
    financial and budgetary management at local level

    6.5 Activities on transfrontier co-operation

    6.5.1 Inter-territorial co-operation of regional and local authorities in Europe

    6.5.2 Measures adopted in order to promote the learning of the language(s) of the neighbouring country (countries)

    6.5.3 Conditions of transfrontier mobility for elected representatives and administrative staff at local level

    6.5.4 Reactualisation of the Council of Europe reports on transfrontier co-operation

    6.5.5 Impact of European Union enlargement on transfrontier co-operation

    6.5.6 Regional agreement on transfrontier co-operation in Balkan region

    6.6 Activities on transversal topics

    · Activities implemented by LR-PE

    6.6.1 Public ethics

    · Activities implemented directly by the CDLR

    6.6.2 Use of information technology in the modernisation of service delivery
    and citizens' participation at local and regional level

    6.6.3 Tour de table on frontline issues of change

    6.7 CDLR communication strategy

    6.7.1 LOREG database

    6.7.2 CDLR Internet site

    6.7.3 CDROM

    6.7.4 Publications

    7. Implementation of Assistance Programmes
    in the field of local and regional democracy

    8. 14th Conference of European Ministers responsible for local
    and regional government

    9. Programme of activities for 2004/2005

    10. Integrated Projects

    11. Recent developments
    - State of signatures and ratifications of the conventions
    of relevance to the CDLR

    12. Election of the Bureau

    13. Other business

    14. Date of the next meeting

    15. Adoption of the abridged meeting report

    APPENDIX II

    Comments of the CDLR on Recommendation 1609 of the Parliamentary Assembly
    on positive experiences of autonomous regions as a source of inspiration
    for conflict resolution in Europe

    1. The CDLR has noted with interest the content of Recommendation 1609.

    2. Whilst fully recognising that autonomous regions (“with powers to pass laws and to enforce them in the autonomous territory”) exist in a number of member states, the CDLR points out that this is but one of several models of regions existing in Europe. The CDLR recalls that in the course of its work on regional self-government it identified 6 basic models that were presented to the Committee of Ministers and the Ministerial Conference in Helsinki.

    3. In the work currently being undertaken on draft legal instruments on regional self-government, the aim has been from the outset to cover all types of regions compatible with fundamental principles and standards of democracy. It is therefore unfortunate that Recommendation 1609 by linking this work only to the notion of autonomous regions inadvertently gives rise to misunderstandings as to the scope of a possible legal instrument on regional self-government.

    4. As concerns the recommendation set out in paragraph 3 that “a convention on regional self-government must stipulate that the exercise of powers devolved to autonomous entities shall comply with the provisions of the European Convention on Human Rights, particularly the principles of equality, non-discrimination and secularism”, the CDLR respectfully disagrees.

    5. First and foremost it recalls that the ECHR is legally binding on all member states and as such applies to the full territory of member states, subject to any territorial reservations that have been made. Thus individuals can invoke their rights under the ECHR also where they are allegedly violated by regional authorities. States appearing before the European Court of Human Rights cannot defend themselves on the ground that a violation was committed by a territorial authority, nor can they invoke a lack of legal domestic competence over a territorial authority as a defence. Thus, a provision, as recommended by the Parliamentary Assembly, would be legally redundant.

    6. Secondly, if, as a result of the division of competences between autonomous regions and the central authorities, it may be difficult as a matter of domestic law for central authorities to impose certain duties arising from international treaties (including the ECHR) on autonomous regions, the introduction of a further international obligation as proposed would do nothing to address the matter.

    7. As regards the Helsinki Declaration (paragraph 4 of the Recommendation), the CDLR recalls that it was adopted by the European ministers responsible for Local and Regional government and that this Declaration was therefore already given attention by member states at the very time of its adoption. It would therefore seem superfluous for the Committee of Ministers to draw member states' attention to it.

    8. As regards the nature of the legal instrument to be adopted, the CDLR notes the preference of the Parliamentary Assembly for a convention. For its part, the CDLR recalls that the question of the nature of the legal instrument to be adopted is not part of its current mandate to prepare draft legal instruments of different types. It also recalls that substantial differences of views exist between member states on the nature of the legal instrument to be adopted.

    APPENDIX III

    Report from the CDLR to the Committee of Ministers on the results of the monitoring of the impact of two legal instruments in the field of democratic citizenship
    and participation

    1. Introduction:

    As the Committee of Ministers will recall, the work of the CDLR covers five main areas:

    - democratic citizenship and participation;
    - framework and structure;
    - finance and services;
    - transfrontier co-operation;
    - transversal topics;

    and identifies four stages or types of work:

    - exchange and collection of information, identification and collection of good practice;
    - standard-setting;
    - publicising and promoting collected information, good practice and standards;
    - assessment.

    This approach corresponds to the recognised need for the CDLR (and other committees) not only to produce high quality products but also to promote their use and to assess their impact.

    It follows from this approach that the Committee, when considering the creation of a new product (recommendation, guidelines, report, etc), also considers the impact such a product may be expected to have at domestic level within the member states of the Council of Europe and what measures should be taken to ensure the greatest possible effectiveness. It also entails the Committee assessing, after a certain period of time following the launching of a new product, the impact it has had.

    The objective of this report is to inform the Committee of Ministers on the assessment exercise that was carried out in respect of two legal instruments of the Council of Europe which originated from the CDLR:

    - the European Convention on the Participation of Foreigners in Public Life at Local Level (ETS 144)

    - Recommendation (2001)19 on the Participation of Citizens in Public Local Life.

    The assessment of the impact took place on the basis of a questionnaire (see Appendix 1 to this Report) sent to all member states, to which replies were received from 25 countries. A report on the basis of these replies was prepared by the Norwegian member of the CDLR, Mrs Greta BILLING in her capacity as CDLR Rapporteur on Democratic Citizenship and Participation. Her findings were presented and discussed at the meeting of the CDLR in May 2003. It was at this meeting that the CDLR decided to prepare the current report to be addressed to the Committee of Ministers.

    This report was adopted by the CDLR at its meeting from 3-5 November 2003.

    2. The European Convention on the Participation of Foreigners in Public Life at Local Level
    (ETS 144)

    a. Results of the survey

    The synthesis of the replies to the questionnaire appears in Appendix 2 to this Report and looks particularly at the right to vote in and stand for local elections (Chapter C of the Convention), as this is the most far-reaching feature of the Convention. The aspect of consultative bodies to represent foreign residents at local level is taken up below under c.

    b. Discussion of the main findings

    A first main and obvious finding in respect of this convention is that the take-up level is very low. Despite it being open for signature since 5 May 1992, only six out of 45 member states have fully become party to it and three member states have signed but not yet ratified the convention.

    The results of the questionnaire show that a further ten states envisage becoming party to the convention and that the necessary domestic procedures to that effect are underway. Another five states indicate that they are reflecting on the question, whilst five states indicate that accession is not envisaged. It should be noted that these numbers are relative as they are based on replies from 24 member states.

    It is interesting to note that some states apparently conform with the provisions of the convention without being a party to it.

    Some of the obstacles to becoming a party to the convention appear to be of a constitutional and legal nature (the right to vote is limited to nationals only; voting by foreigners is dependent on reciprocal arrangements) and related to difficulties of finding the necessary political support.

    A further point to note is that states party to the convention all indicate that use is made of the right to vote in elections and that foreigners have been elected to local councils. In a number of countries there appears to be academic research carried out as regards the participation of foreigners in local elections, in some cases commissioned by the government.

    The current take up level of this instrument cannot be deemed satisfactory and the Committee of Ministers recently appealed to member states that have not yet done so to ratify this convention.2

    c. Other Council of Europe work on the topics covered by the Convention

    The CDLR Rapporteur on these issues has been invited to participate in the work being undertaken within the Council of Europe Integrated Project on Making Democratic Institutions Work and in particular the activity initiated by the CLRAE aimed at producing a Handbook on local consultative bodies for foreign residents.

    The conference at which the handbook was adopted took place on 15-16 September 2003 in Stuttgart.

    d. Further work by the CDLR

    The CDLR agreed three points of action.

    (1) A first point of action it decided upon is to take stock explicitly of developments once a year, starting in May 2004. This will give those states that have indicated that ratification is envisaged the opportunity to inform the CDLR of positive developments and may encourage other states as well in seeking to accede to this Convention.

    (2) A second point of action is related to the substance of the Convention, in particular Chapter C of the Convention which deals with voting and electoral rights for foreign residents at local level. Five out of the six states that have ratified the convention (Denmark, Finland, the Netherlands, Norway and Sweden) have acceded to Chapter C and have had at least one round of local elections in which foreign residents could participate. According to the survey, a further number of countries have such arrangements even if they are not (yet) party to the Convention (Hungary, Ireland, Lithuania, Slovak Republic, Slovenia).

    The CDLR decided to bring together and analyse the experience of countries with local elections in which foreign residents participate. Such an exchange of experience could be very interesting for the countries concerned and could also be of considerable interest to states that are considering becoming party to the Convention.

    (3) A third item relates to the consultative councils for foreign residents of local level envisaged under Chapter B of the Convention. As mentioned above, a handbook on the setting up of such consultative councils has been prepared and was adopted at a conference held in Stuttgart on
    15-16 September. The CDLR therefore invited its members to inform the Secretariat of the names of any persons, associations or organisations that would be interested in receiving a copy of this handbook.

    3. The Committee of Ministers Recommendation on the Participation of Citizens in Local Public Life, Recommendation (2001)19

    a. Results of the survey

    A table with the results of the survey appears in Appendix 2 to this Report.

    b. Discussion of the main findings

    Despite the limited time since its adoption (December 2001), Recommendation (2001) 19 appears already to have met with encouraging take-up levels in member states.

    The great majority of member states that replied to the questionnaire indicate that translation into the official language(s) of the country has taken or will take place. Often these translations have been made available to the Council of Europe that has subsequently included them in the LOREG Library for on-line consultation.

    Also in most cases action has been taken to disseminate the Recommendation, usually within the national administration and to associations of local authorities. Electronic publication and dissemination seems to be the avenue of choice in several countries.

    A smaller number of countries indicate that they have or envisage specific further activities to promote the Recommendation.

    Feedback from relevant actors to whom the Recommendation has been sent is rather limited, probably, as several member states indicate, because time so far has been short.

    In examining the results of the survey, it is important to keep in mind clearly the distinction between “impact” and “practice”. “Impact” is about the change that was provoked by the Recommendation as such, whereas “practice” is about the question whether practice in a given country conforms with the substance of the recommendation.

    It is interesting to note that several countries indicate that practice in their country already corresponds to what is envisaged by the Recommendation.

    As regards the impact of the Recommendation as such, it should be noted that most countries indicate that it is probably too early to tell whether there has been any. However, there are some positive indications, in particular those recognising the Recommendation as a source of inspiration for reforms undertaken by central government authorities.

    c. Other Council of Europe work on topics covered by the Recommendation

    A first piece of work to draw attention to is that which is being carried out under the Council of Europe Assistance Programmes in the field of local and regional democracy. One of the strategic aims of those activities is “to ensure that Democracy takes root at local and regional level”. The objectives are:

    - to promote transparency, accountability and the highest ethical standards in local politics;
    - reinforce citizen participation in the decision-making process and the intercultural dialogue at local level.

    A further item to draw attention to is the results of the International Conference on Development of Democratic Citizenship and Responsive Leadership at Local Level held in Fuerteventura in December 2002.

    Follow-up to this conference is being considered within the Council of Europe Integrated Project on making democratic institutions work (IP I). The CDLR is well placed to act as (one of) the main intergovernmental bodies for the purposes of this activity.

    d. Further work by the CDLR

    The follow-up decided by the CDLR is three-fold:

    (1) As a first point, the Committee endorsed some very practical suggestions:

    a. members of the CDLR, where they are not yet doing so, establish (networks of) contacts between them in order to ensure that available language versions of the recommendation are made use of. This would clearly avoid any unnecessary translation cost. The Secretariat of the Council of Europe is requested to continue making all language versions available electronically;

    b. countries that have not yet done so, make efforts to publicise and disseminate the Recommendation and consider, where appropriate, the possibility of organising an event about it, or include it in events dedicated to the promotion of participation at local level.

    (2) As a second point, the CDLR decided that consideration should be given to how the Recommendation could be made more accessible and “user-friendly”. Owing to its length and the broad range of issues it covers, the Recommendation is not the kind of document that is easily read from cover to cover. It might be helpful therefore to produce a brochure outlining the main features and giving answers to some key questions. Furthermore it might be possible to produce an index with references to the relevant parts of the Recommendation and the Explanatory Report. Such documents could subsequently be translated and disseminated by member states.

    (3) A third point of follow-up the CDLR agreed upon is to take stock of the experience that member states have had with policies and measures to strengthen participation at local level. Governments of several countries have since 1998, when the preparatory work on the Recommendation took place, engaged in policies towards improving participation, possibly using measures recommended or suggested in the Recommendation. The Recommendation distinguishes between (i) general steps and measures, (ii) steps and measures concerning local elections and representative democracy, (iii) steps and measures concerning direct participation and (iv) steps and measures concerning categories of citizens who have more difficulty in participating. The CDLR considers it would be extremely useful to learn from the experiences of member states in an effort to see what really works, and, as the case may be, what did not. Indeed, examination of the latter type of experience is likely to lead to a more profound analysis of the underlying problems which may in turn lead to a better understanding and better strategies in addressing them. This work of learning from concrete experiences would in the first instance be of particular interest to countries that are actively pursuing policy in this area, but may certainly also be of considerable relevance to states that are currently not, but may in future be, engaged in such policies.

    4. Common findings

    The surveys of the impact of both instruments show that there is still significant scope for progress, although there are differences between them. Whereas the Recommendation is apparently quite well on its way into the domestic practice of a good number of member states, the Convention has not yet found a satisfactory level of adhesion, despite more than ten years having passed since its adoption and opening for signature and ratification. As regards the Convention on the Participation of Foreigners in Public Life at Local Level it therefore seems clear that a fresh impetus is needed to take things forward. As regards the Recommendation on participation of citizens in local public life, the scope for progress results to an important degree from the short time that has elapsed since its adoption.

    5. Conclusions

    This has been the first exercise the CDLR has held to review the follow-up to and impact of the instruments it has produced. The CDLR considers that it has been a useful one and that it may serve as a basis to conduct similar reviews of other parts of its work.

    The CDLR hopes that the future work it will undertake in this subject will strengthen the impact of both instruments and have a positive influence on the participation in public life at local level in Council of Europe member states.

    Appendix 1

    I. QUESTIONNAIRE REGARDING THE CONVENTION ON THE PARTICIPATION OF FOREIGNERS IN PUBLIC LIFE AT LOCAL LEVEL (ETS 144)

    In light of the different legal situations in member states regarding the Convention on the participation of foreigners in public life at local level, three types of questionnaires are proposed:

    Type A: for states party to the convention;
    Type B: for states signatory but not party to the Convention;
    Type C: for states that have not signed or ratified the Convention

    Questionnaire Type A

    Questions

    1. When was the Convention signed and ratified?

    2. Has the text of the Convention been translated into the official language(s)?
    (if so, please transmit an (electronic) copy to the CDLR Secretariat)

    Implementation of chapter A

    3. Has the implementation of chapter A required any legislative and/or policy changes and if so which ones?

    4. Have there been any legal or other problems arising in practice as regards the rights provided for in chapter A?

    5. What measures have been taken and what experience has been gained with the “reasonable efforts” provided for under Article 4 of the Convention?

    Implementation of chapter B

    6. Is chapter B applicable in your country? If so, go to next questions. If not, please indicate the considerations leading to the decision not to apply chapter B.

    Only for States where chapter B is applicable:

    7. Has the implementation of chapter B required any legislative changes and/or policy changes and if so which ones?

    8. Which percentage of local authorities has established and maintained consultative bodies to represent foreign residents?

    9. How have the central government authorities given effect to the provisions under Article 5.1.b and 5.2?

    Implementation of chapter C

    10. Is chapter C applicable in your country? If so, go to next questions. If not, please indicate the considerations leading to the decision not to apply chapter C.

    Only for States where chapter C is applicable:

    11. Does the application of chapter C concern both the right to vote and the right to stand for election? Please indicate the considerations leading to the decision in this respect

    12. Has the implementation of chapter C required any legislative and/or policy changes and, if so, which ones?

    13. How have people been informed about the possibility to exercise the right to vote at local level?

    14. What has the experience been as regards elections where foreigners could participate (eg how many persons voted – what percentage of possible voters made use of this possibility etc – how many foreigners were elected? – did the possibility of voting by and/or electing foreigners have an impact on the campaign and/or political parties? – is there academic research on this topic? did the possibility of voting by and/or electing foreigners have an impact on the local council)?

    General (chapters A, B and C)

    15. Has there been any systematic evaluation of the impact of this Convention in your country? If so, what are the results?

    Questionnaire Type B

    1. When does your country expect to ratify the Convention?

    2. What legal procedure will be required for ratification of the Convention?

    3. What stage is the ratification procedure current at?

    4. Do you expect there to be any difficulties in completing the ratification procedure? If so, which ones?

    5. Will the ratification be accompanied by legislative and /or other measures in order to give effect to its provisions? If so, which ones?

    6. Which parts of the Convention do you expect your country to adhere to?

    7. Does your country have any legislation on the subjects of the Convention?

    Questionnaire Type C

    1. Does your country envisage signing the Convention and if so, when?

    2. If your country does not envisage signing the Convention, what are the main reasons for this?

    3. Does your country have any legislation on the subjects of the Convention?

    II. QUESTIONNAIRE REGARDING THE RECOMMENDATION ON PARTICIPATION OF CITIZENS IN LOCAL PUBLIC LIFE [REC CM(2001)19]

    1. Has the Recommendation been translated into the official language(s) of your country? (if so, please make a (electronic) copy available to the CDLR Secretariat)

    2. How has the Recommendation been disseminated and/or attention to its existence and content been drawn?

    3. What steps and/or measures are still anticipated in this respect?

    4. Has there been any feedback as regards this Recommendation, for example from (associations of) local authorities?

    5. Are there any cases where this Recommendation has already been made use of in practice?

    Appendix 2

    Convention on the Participation of Foreigners in Public Life at Local Level (ETS 144)

   

    Country

    Status of convention

    National legislation enabling foreigners to vote

    Formal act

    No formal act

    Not envisaged

     

    Ratified

    Signed

    Reservation

    May be

    Envisaged

 

    No legislation

    Some Foreigners

    Only for EU citizens

    All Foreigners

    Azerbaijan

     

    *

   

    *

     

    Belgium

         

    *

    *

     

    Bosnia and Herzegovina

   

    *

   

    *

     

    Bulgaria

                   

    Cyprus

 

    *

 

    *

   

    *

     

    Czech Republic

 

    *

 

    *

           

    Denmark

    *

    *

           

    *

 

    Finland

    *

    *

               

    Hungary

     

    *

         

    *

    Iceland

                   

    Ireland

     

    *

         

    *

    Latvia

     

    *

   

    *

     

    Lithuania

       

    *

       

    *

    Malta

       

    *

   

    *

   

    Moldova

     

    *

           

    Norway

    *

    *

               

    Netherlands

    *

    *

             

    *

    Portugal

     

    *

     

    *

    *

 

    Russian Federation

     

    *

     

    *

   

    Slovak Republic

       

    *

   

    *

 

    *

    Slovenia

       

    *

   

    *

 

    *

    Spain

       

    *

     

    *

 

    Sweden

    *

    *

             

    *

    Switzerland

         

    *

 

    *

   

    TOTAL

    6(1)

    9(2)

    0

    10

    5

    2

    5

    7

    3

    7

                     

    (1) Countries appearing above plus Italy

               

    (2) Countries appearing above plus United Kingdom

             

    Appendix 3

    Country

               

    Translation

 

    Information

   

    Feedback

    Practice

    Impact

    Country

    C.E

    Publication

    Dissemination

    Promotion

     

    Azerbaijan

    Azerbaijani: not yet

             

    Belgium

    French**

             
 

    Dutch: not yet

             

    Bosnia and Herzegovina

    No

             

    Bulgaria

    Bulgarian: yes*

    x

    x

    x

    x

    x

   

    Cyprus

    Not yet

             

    Czech Republic

    Czech: yes

    x

    x

    x

    x

 

    x

 

    Denmark

    Danish: yes

    x

    x

    x

       

    Finland

    Finnish: yes***

 

    x

    x

    x

    x

    x

 

    Hungary

    Hungarian: yes***

    x

 

    x

    x

     

    Iceland

    In preparation

         

    x

 

    Ireland

    English

   

    x

   

    x

 

    Latvia

    Latvian: yes

    x

 

    x

    x

     

    Lithuania

    Lithuanian: yes***

         

    x

    it is an encouraging factor

    Malta

    Maltese: in preparation

    x

       

    x

 

    Moldova

    Moldovian (Romanian): in preparation

         

    Netherlands

    Dutch: in preparation

   

    x

    x

     

    Norway

    Norwegian: yes

 

    x

    x

 

    x

    x

    giving inspiration and new ideas

    Portugal

    Yes

 

    x

    x

    x

     

    Russian Fed.

    Russian: yes

    x

    x

    x

    x

    x

    x

 

    Slovak Republic

    Slovak: yes

    x

    x

    x

       

    Slovenia

    Slovene: yes

 

    x

 

    x

     

    Spain

    Spanish: yes

    x

    x

    x

       

    Sweden

    No

   

    x

    x

    x

    x

 

    Switzerland

    Français

 

    x

    x

       
                 
 

    German

             
 

    Italian: pending

             

    United Kingdom

    Welsh:under preparation

 

    x

    x

     
 

    English

    x

           

    * official translation

         

    ** official version of the Council of Europe

       

    *** not an official translation

       

    Impact: when a national action is based on the recommendation

    Publication:when the recommendation is available e.g. on the Internet site of the ministry.

   

    Dissemination: when the text has been or will be sent to relevant actors

       

    Promotion: when conferences or training programmes are organised

       

    APPENDIX IV

    Outline of the Final Activity Report of the CDLR on the elaboration of draft legal instruments of different types on regional self-government

    Narrative Part of the Final Activity Report

    I Introduction

    Background and mandate

    II Overview of the work carried out

    Meeting of the LR-FS in March 2003
    Meeting of the CDLR in May 2003
    Meeting of the LR-FS in September 2003
    Meeting of CDLR in November 2003

    III Presentation of the two draft legal instruments

    IV Issues to be addressed in the Explanatory Report/Memorandum

    The Explanatory Report should, inter alia,

    1. give an explanation on the use of the terms “statute” and “law” as used in the text of the (draft) convention and recommendation;
    2. give explanations on which are the parties involved in the mechanisms foreseen under Article 6 paragraph 3;
    3. recall that the term “law” in Article 6, paragraph 6 includes the constitution;
    4. explain the notion of “European Institutions” in Article 12, paragraph 1;
    5. explain the notion of “international obligations” used in Article 12, paragraph 2;
    6. explain the words “legislative provisions taken by it with regard to regional self-government” in Article 18;
    7. explain the notion of “internal organisation” used in the third recital of the Preamble;
    8. explain the scope of Article 16, paragraph 6;
    9. explain the scope of Article 21;

    Where similar terms or provisions are included in the draft Recommendation, the list above applies mutatis mutandis to the Explanatory Memorandum.

    In addition to list above, certain of the issues, views and analyses under part V. below may merit inclusion in an Explanatory Report or Explanatory Memorandum.

    V The different proposals as to the substance of provisions of the two draft instruments and the reasons and analysis in support of the different views.

    In this part of the Final Activity Report the following should in any case be addressed:

    - Article 2 para 1 - on the freedom to establish/modify/abolish and limitations thereto;
    - Article 16 para 2 - on financial resources;
    - Article 17 - on the “menu-system”;
    - Article 20 - on possible EC/EU accession;
    - Appendix to Recommendation point 10.1 - on councils or assemblies;
    - Appendix to Recommendation point 12. para 2 and 3 - on financial resources;

    *****

    - modalities of flexibility of recommendations and conventions;
    - specific difficulties of interpretation of paragraph 18 of the Helsinki Declaration;
    - the order of the operative provisions of the Draft Recommendation;
    - the cumulative or mutually exclusive nature of the relationship between the “Helsinki - principles” and the provisions of the ECLSG.

    Appendix 1 – List of Participants

    Appendix 2 – Text of a draft Recommendation on Regional Self-Government

    Appendix 3 – Text of a draft Convention on Regional Self-Government

    APPENDIX V

    Declaration of the Russian Federation delegation
    concerning the report of Latvia

    “Situation of non-citizens within the system of regional/local self-government”:

    With 2,43 million people living in Latvia, there is about half a million of persons with no citizenship who have legal status of non-citizens. Most of them were born or have resided a considerable part of their life in Latvia. According to Latvian law, all non-citizens, who have reached major age, are not allowed to vote and stand in elections to local/regional self-government bodies. These provisions are inconsistent with article 7.5 of the Copenhagen Document, which urged all OSCE member states "to respect the civil right to be elected to public office, individually or as representatives of political parties or organisations, without discrimination."

    Despite that national minorities make up 36% of the population, Latvian law forbids using these national minorities' languages in bodies of regional/local self-government even in the areas of their residence, which, in the opinion of the Open Society Institute (Report of 2001), prevents national minorities from efficient participation in public life.

    Latvian legislation requires that employees of both public and private sectors should know the Latvian language. European Commission believes that this requirement is hindering integration of non-citizens in the economic field. As a result, a considerable part of Russian-speaking community is confined to unskilled labor with these people being the first to fire, when unemployment grows.

    According to the 1998 Law on Education, all high and professional schools owned by State or regional/local government bodies are required to have started teaching in the Latvian language by 2004. The Law was adopted without any consultations with the minorities and contains a discriminating provision which bars private minority schools from obtaining public subsidies (the Open Society Institute Report, October 2001).

    The European Commission against Racism and Intolerance (Report of 2002) highlights imbalances in the position of the Russian-speaking population vis-à-vis the rest of the population of Latvia in different fields and believes that this may lead to a deeper alienation between the two communities and create an atmosphere of social tensions.

    In their conclusions, the observer missions of the OSCE and PACE (October 2002) emphasized a serious and long-lasting “democracy deficit” in Latvia.

    The UN Committee on the Elimination of Racial Discrimination (August 2003) expressed its concern with discrepancies between the Latvian legislation and legal practice of the International Convention on the Elimination of All Forms of Racial Discrimination.

    Latvian authorities do not adhere to the Framework Convention for the Protection of National Minorities which they signed in 1995, do not undertake adequate steps with a view to carrying out recommendations of the OSCE Copenhagen Document (1990), PACE Resolutions 1236 (2001) and 1500 (2001) with regard to non-citizens at national, regional and local levels.

    APPENDIX VI

    Overview of continuing and new projects for the development and promotion of local and regional democratic governance in the year 2004

 

    A.
    Exchange and collection of information, identification and collection of good practice

    B.
    Standard-setting

    C.
    Publicising and promoting collected information, good practice and standards

    D.
    Assessment

    I.

    Democratic citizenship and participation

    I.A.04.1 Collect and analyse experiences of member states with policies for the strengthering of participation of local level
    I.A.04.2 Collect and analyse experiences of member states with participation of foreigh residents in local elections

 

    I.C.04.1 Producing accompanying documents to Recommendation (2001) 19 to increase access and user friendliness

    I.C.04.2 Dissemination of handbook on advisory council for foreign residents at local level

    I.D.04.1 Take stock of developments regarding signature and ratification of ETS 144

    II.

    Framework & structure

    II.A.02.1 Comparative study of the extent and nature of local authorities' responsibilities

    II.B.03.1 Draft legal instruments on regional self-government (Ministerial Conference)

    II.B.03.2 Draft recommendation on processes of reform of boundaries and structure of local and regional authorities

    II.C.00.1 Structure and operation reports on individual member states

 

    III.

    Finance & services

    III. A.03.1 Performance management of public services at local and regional level

    III.A.03.2 Accounting practices at local and regional level

    III. A.03.3 Internal Audit

    III.B.03.1
    Targeted update of Recommendation (2000) 14 on local taxation, financial equalisation and grants
    to local authorities

    III.B.04.1
    Consolidation and updating of recommendations on public services

    III.C.04.1
    Promotion of Recommendation on financial and budgetary management at local level and Promotion of updated version of Recommendation (2000) 14

 

    IV.

    Transfrontier Co-operation

    IV.B.03.1 Regional agreement on TFC in Balkan region

    IV.B.04.1
    Draft Recommendation on the learning of the language of the neighbour

    IV.B.04.2
    Draft Recommendation on obstacles to TFC between territorial authorities

    IV.C.00.1 Transfrontier co-operation in Europe study series

    IV.C.03.1 Neighbouring cities and towns

    IV.C.03.2
    Inter-territorial co-operation

    IV.C.03.3
    Transfrontier mobility

    IV.C.04.1
    Impact of EU enlargement on TFC

    IV.D.03.1 Recent legal and policy developments regarding TFC legal instruments

    V.

    Transversal

    V.A.01.1. Public ethics at local level
    (International conference)

    V.A.02.4 “Tour de table on front-line issues of change”

    V.B.04.1
    Recommendation on E-governance (at local level)

    V.C.00.1. Internet site

    V.C.00.2. LOREG database

    (V.C.03.1. Setting up LOREG network of correspondent)3

    V.C.04.1 CD-ROM

    V.C.00.3 Local and regional authorities in Europe study series

    Promotion of Handbook on Public Ethics

 

    APPENDIX VII

    SPECIFIC TERMS OF REFERENCE (LR-CT)

    1. Name of committee: Committee of Experts on Transfrontier Co-Operation
    (LR-CT)

    2. Type of committee: Committee of experts

    3. Source of terms of
    reference: Steering Committee on Local and Regional Democracy (CDLR)

    4. Terms of reference:

    Having regard:

    - to the Declaration of the Committee of Ministers on transfrontier co-operation in Europe adopted on
    5 May 1989 on the occasion of the 40th anniversary of the Council of Europe;

    - to the Vienna Declaration of the Heads of State and Government of the Member States of the Council of Europe of 9 October 1993 and the Strasbourg Declaration of 11 October 1997;

    (i) to implement the activities of the Intergovernmental Programme in the field of transfrontier co-operation and propose follow-up activities thereto;

    (ii) to monitor the implementation of the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities and its Protocols;

    (iii) to make proposals for the elimination of obstacles, in particular of a legal nature, to transfrontier and interterritorial co-operation;

    (iv) to facilitate the exchange of information and views on the experience gained, in particular good practice examples in the field of transfrontier and interterritorial co-operation;

    (v) to make proposals, at intergovernmental level, in order to encourage and facilitate transfrontier and interterritorial co-operation.

    5. Membership of the committee:

    a. The governments of all member states are entitled to appoint members with the following desirable qualifications: officials or other experts with particular experience of questions relating to transfrontier co-operation.

    The Council of Europe's budget bears the expenses for one expert for each of the following 17 member states: Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Finland, Latvia, Lithuania, Netherlands, Romania, Russian Federation, Slovak Republic, Spain, Sweden, Switzerland, “the former Yugoslav Republic of Macedonia”, Turkey

    b. The Parliamentary Assembly and the Congress of Local and Regional Authorities of Europe (CLRAE) may send representatives to meetings of the Committee without the right to vote.

    c. The European Commission may send representatives to meetings of the Committee, without the right to vote or defrayal of expenses.

    d. The following states or bodies may send representatives to meetings of the Committee without the right to vote or defrayal of expenses:

    - Union Economique Benelux
    - Association of European Border Regions (AEBR)
    - Assembly of European Regions (AER)
    - International Federation for Housing and Planning (IFHP)
    - West European Union of Chambers of Commerce and Industry for the Rhine, Rhône and Danube Regions4

    6. Working structures and methods:

    The Committee may have recourse, where appropriate, to the services of a consultant.

    7. Duration:

    These terms of reference shall be reviewed before 31 December 2004.

    SPECIFIC TERMS OF REFERENCE (LR-FL)

    1. Name of Committee: Committee of experts on finance and public services at local and regional level (LR-FL)

    2. Type of Committee: Committee of experts

    3. Source of terms of Steering Committee on Local and Regional Democracy
    reference: (CDLR)

    4. Terms of reference: To assist the CDLR in the implementation of all activities related to local and regional finance and public services at local and regional level approved in the framework of the annual programme of activities.

    5. Membership of the Committee:

    a. The governments of all member states are entitled to appoint members with the following desirable qualifications: officials or other experts with particular experience of local finances and financial management of local public services.

    The Council of Europe's budget bears the expenses for one expert for each of the following 15 member states: Albania, Austria, Czech Republic, Denmark, Estonia, Germany, Greece, Iceland, Ireland, Moldova, Netherlands, Norway, Poland, Portugal, Serbia and Montenegro

    b. The Congress of Local and Regional Authorities of Europe (CLRAE) may appoint representatives to meetings of the Committee, without the right to vote.

    c. The European Commission may appoint representatives to meetings of the Committee, without the right to vote or defrayal of expenses.

    d. The OECD and/or the United Nations specialised Agencies and/or the Assembly of European Regions (ARE) may be invited to appoint representatives to meetings of the Committee, without the right to vote or defrayal of expenses, if their participation could enrich the work of the committee.

    6. Duration: These terms of reference expire on 31 December 2004.

    7. Consultant expert: The Committee may have recourse, where appropriate, to the services of a consultant expert.

    SPECIFIC TERMS OF REFERENCE (LR-FS)

    1. Name of Committee: Committee of experts on the framework and structure of local and regional government (LR-FS)

Note 2. Type of Committee: Committee of experts

    3. Source of terms of Steering Committee on Local and Regional Democracy
    reference: (CDLR)

    4. Terms of reference: To assist the CDLR in the implementation of all activities related to the framework and structure of local and regional government.

    5. Membership of the Committee:

    a. The governments of all member states are entitled to appoint members with the following desirable qualifications: officials or other experts with particular experience in the structure and operation of local and regional democracy, and particularly in the specific issues for which the Committee is responsible.

    The Council of Europe's budget bears the expenses for one expert for each of the following 17 member states (to be decided).

    b. The Congress of Local and Regional Authorities of Europe (CLRAE) may appoint representatives to meetings of the Committee, without the right to vote.

    c. The European Commission may appoint representatives to meetings of the Committee, without the right to vote or defrayal of expenses.

    d. The OECD, the United Nations specialised Agencies and/or the Assembly of European Regions (ARE) may be invited to appoint representatives to meetings of the Committee, without the right to vote or defrayal of expenses, if their participation could enrich the work of the committee.

    6. Duration: These terms of reference expire on 31 December 2004.

    7. Consultant expert: The Committee may have recourse, where appropriate, to the services of a consultant expert.

    SPECIFIC TERMS OF REFERENCE (LR-PE)

    1. Name of Committee: Committee of experts on public ethics at local level
    (LR-PE)

Note 2. Type of Committee: Committee of experts

    3. Source of terms of Steering Committee on Local and Regional Democracy
    reference: (CDLR)

    4. Terms of reference:

    - to advise the CDLR on any matters relating to the carrying out of the project “Public ethics at local level”, including the Handbook of good practice;
    - to prepare a draft implementation plan for the final package of model initiatives;
    - to assist the CDLR in the preparation of the Conference to be held in the Netherlands in the first half of 2004.

    5. Membership of the Committee:

    a. The governments of all member states are entitled to appoint members with the following desirable qualifications: officials or other experts with particular experience of public ethics at local level.

    The Council of Europe's budget bears the expenses for one expert for each of the following 13 member states: Armenia, Belgium, Cyprus, Czech Republic, Denmark, Finland, Georgia, Hungary, Italy, Poland, Slovenia, Turkey, United Kingdom

    b. The Congress of Local and Regional Authorities of Europe (CLRAE) may appoint representatives to meetings of the Committee, without the right to vote.

    c. The European Commission may appoint representatives to meetings of the Committee, without the right to vote or defrayal of expenses.

    d. The OECD, the United Nations specialised Agencies and/or the Assembly of European Regions (ARE) may be invited to appoint representatives to meetings of the Committee, without the right to vote or defrayal of expenses, if their participation could enrich the work of the committee.

    6. Duration: These terms of reference expire on 31 December 2004.

    7. Consultant expert: The Committee may have recourse, where appropriate, to the services of a consultant expert.

    SPECIFIC TERMS OF REFERENCE (LR-DP)

    1. Name of Committee: Committee of experts on democratic participation at local and regional level (LR-DP)

Note 2. Type of Committee: Committee of experts

    3. Source of terms of Steering Committee on Local and Regional Democracy
    reference: (CDLR)

    4. Terms of reference: To assist the CDLR in the implementation of all activities related to democratic participation at local and regional level

    5. Membership of the Committee:

    a. The governments of all member states are entitled to appoint members with the following desirable qualifications: officials or other experts with particular experience in the structure and operation of local and regional democracy, and particularly in the specific issues for which the Committee is responsible.

    The Council of Europe's budget bears the expenses for one expert for each of the following 14 member states: Azerbaïdjan, France, Germany, Hungary, Italy, Lithuania, Malta, Norway, Russian Federation, Slovakia, Spain, Sweden, Ukraine, United Kingdom

    b. The Congress of Local and Regional Authorities of Europe (CLRAE) may appoint representatives to meetings of the Committee, without the right to vote.

    c. The European Commission may appoint representatives to meetings of the Committee, without the right to vote or defrayal of expenses.

    d. The OECD, the United Nations specialised Agencies and/or the Assembly of European Regions (ARE) may be invited to appoint representatives to meetings of the Committee, without the right to vote or defrayal of expenses, if their participation could enrich the work of the committee.

    6. Duration: These terms of reference expire on 31 December 2004.

    7. Consultant expert: The Committee may have recourse, where appropriate, to the services of (a) consultant expert(s).

    APPENDIX VIII

    CALENDAR OF MEETINGS OF THE CDLR
    AND ITS SUBORDINATE COMMITTEES IN 2004

 

    First half of the year

    LR-PE

    19-20 January

    LR-CT

    5-6 February

    LR-DP

    4-5 March

    Bureau

    30 March (The Hague)

    NL Conference on Public Ethics

    31 March – 1 April

    CDLR

    17-19 May

    LR-FL

    7-8 June

 

    Second half of the year (provisional)

    LR-CT

    13-14 September

    LR-DP

    20 – 21 September

    Bureau

    22 September

    CDLR

    3 -5 November

    LR-FL

    6-7 December

Note 1 The complete list of participants appears in the meeting report prepared by the Department [doc. CDLR (2003) 53 – Final].
Note 2 CM reply to Parliamentary Assembly Recommendation 1500 on Participation of Immigrants and Foreign Residents in Political Life in the Council of Europe member states.
Note 3 Project on hold in the absence of necessary funding.
Note 4 For specific items on the agenda of the LR-CT's meetings as decided by the Committee.


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