Members present

Mr SKARD

President of the Chamber

Norway

Mr KURTI

Albania

Mr YERITSYAN

Armenia

Mr VÖGERLE

Austria

Mr GABRIËLS

Belgium

Mrs SUICA

Croatia

Mr ZAMPELAS

Cyprus

Mr VRBA

Czech Republic

Mr. MUTANEN

Finland

Mr. FRECON

France

Mr ABULADZE

Georgia

Mr KUTSCHKE

Germany

Mr TAMPAKIDIS

Greece

Mr MAGYAR

Hungary

Mr O’BRIEN

Ireland

Mr PELLEGRINI

Italy

Mr CERNECKIS

Lithuania

Mr EICHER

Luxembourg

Mr MICALEFF

Malta

Mr NICHITIA

Romania

Mr ANDREINI

San Marino

Mr KANKARAS

Serbia and Montenegro

Mr BERNAT

Slovak Republic

Mr ROPERO MANCERA

Spain

Mr KNAPE

Sweden

Mr BÜRGE

Switzerland

Mrs CEBI

Turkey

Ms. FEDORUK

Ukraine

Mr. LLOYD

United Kingdom

Members absent 

Mr JIRSA

Czech Republic

Mr LARSEN N.

Denmark

Mr ANSIP

Estonia

Mr EURNAKIS

Greece

Mr VILHJALMSSON

Iceland

Mr HALSDORF

Luxembourg

Mr MORIERA DE ALMEIDA

Portugal

Mr TCHERNETSZKIY

Russian Fed.

Ms SALICIONI

San Marino

Mr RADOVIC

Serbia and Montenegro

Mr BERNAT

Slovakia

Ms NOVAK

Slovenia

Mrs ALVAREZ ARAZOLA

Spain

Mr KNAPE

Norway

Mr BÜRGE

Switzerland

Mr ANGELOV

Former Yugoslav. Rep. Macedonia

Mr KULICHENKO

Ukraine

Members present

Mr NEWBURY

Chair

United Kingdom

Mr RUSI

Albania

Mr ZEYNALOV

Azerbaijan

Mr BORSUS

(for Mr André)

Belgium

Mr UZUNOV

Bulgaria

Mr KALDJÄRV

Estonia

Mr NYBERG

Finland

Mr FRECON

(for Mr Censi)

France

Mr PIERER

Germany

Mr SCHÜTZ

Germany

Mr SZABO

(for Mr Kovacs)

Hungary

Mr BOYLE

Ireland

Mr RHODIO

Italy

Mr SUSI

Italy

Mrs NEILANDE

(for Mr Sulcs)

Latvia

Mr MICALLEF

Malta

Mr MANS

Romania

Mr CALOTA

Netherlands

Mr PASHENTSEV

Russian Federation

Mrs KRUSKA

Serbia and Montenegro

Mr SLAFKOVSKY

Slovak Republic

Ms CEBI

(for Mr Büyükersen)

Turkey

Mr TOKUS

Turkey

Mr UDOVYCHENKO

Ukraine

Mrs SMITH

United Kingdom

Members absent 

Mr ZIMPER

Austria

Mr ANDRE

Belgium

Mr VLASAK

Czech Republic

Mr CENSI

France

Mr MANGIN

France

Mr TZIMAS

Greece

Mr SAINZ DE LA MAZA ARROLA

Spain

Mr KOVACS

Hungary

Mr SULCS

Latvia

Mr ROPE

Lithuania

Mr ROTUNDU

Moldova

Mr PORAWSKI

Poland

Mr ESTEVES SOLHEIRO

Portugal

Mrs MONTANARI

Saint-Marin

Mr CHERNISHEV

Russian Federation

Mr BÜYÜKERSEN

Turkey

Alternates

Mr MILCAMPS

Belgium

Special guests

Mr LEFEBRE

Deputy Director, Ministry of the Flemish Community

Belgium

Mr PHILIPS

Attaché, Ministry of the Brussels-Capital Region

Belgium

Mr HARMS

Consultant

Germany

Mr WEN

Vice Chairman, Standing Commission of Chongqing People’s Congress

China

Mrs SHAFEI

Deputy General Secretary of Chongqing municipal Government

China

Mr. GAOSHAN

Deputy Director of Foreign Affairs Office of Chongqing

China

Mr WEILU

Deputy Director of Chongqing Agriculture Bureau

China

Mr CHUNYAN

Deputy Director of Legal Commission of Chongqing People’s Congress

China

Ms JIASHU

Director of Fuling Foreign Affairs Office of Chongqing

China

Mr KUANXIN

Deputy Director of Chongqing Hi-tech Zone

China

Mr ANMIN

Chief of Division of Chongqing Workers’ Union

China

Mr YUHUA

Chief-Division of Foreign Affairs Office of Chongqing

China

Mr PING

Interpreter of the Foreign Affairs Office of Chongqing

China

Mr CHERNIKOV

Consultant

Russian Federation

Mr ODEVALL

Consultant

Sweden

Rapporteurs

Mr TORKLER

Germany

Mrs HALVARSSON

Sweden

Mr NEWBURY

United Kingdom

Other Participants

Mr YERITSYAN

Head of the national delegation to the Congress

Armenia

Mr SINOYAN

Member of the national delegation to the Congress

Armenia

Mr BEYAR

A local representative from Northern Cyprus

Cyprus

Mr KOSKINAN

Assistant to Mr Nyberg

Finland

Mrs LORNAGE

Assistant to Mr Frécon

France

Mr DE SABBATA

Expert

Italy

Mr VRABIE

Member of the national delegation to the Congress

Moldova

Secretaries of national delegations

Mr. PEREZ

Andorra

Mrs RENIER

Belgium

Mr SUN

General Consul

China

Mr WANG

Vice Consul

China

Mrs ALAKIVI

Estonia

Mr TELAKIVI

Finland

Mr ROUSSEL

Netherlands

Mr KIREEVA

Russian Federation

Mrs RYDBERG

Sweden

Council of Europe

Session Secretariat

Mr BOHNER

Mr BOZOULS

Mr LISNEY

Mrs.L’HYVER-YESOU

Mr KHOCHABO

Mrs MORAS

I. OPENING OF THE MEETING BY THE PRESIDENT, Halvdan SKARD

Mr Halvdan Skard, President of the Chamber, opened the Session and welcomed the participants.

The Autumn Session of the Chamber brought together the members of both the Standing Committee and the Institutional Committee of the Chamber.

II. DRAFT AGENDA

[CPL/SA (12) OJ 1]

The draft agenda was adopted

III. WORK OF THE CHAMBER

[CPL/SP (11) PV 1]

[CG/BUR (12) 17]

The President of the Chamber gave a short summary of the work of the Chamber, including the results of the following meetings:

Spring Session - 17 March 2005

Plenary Session - 31 May – 1 June 2005

Bureau - 29 April 2005

- 30 and 31 May 2005

- 19 September 2005

The draft minutes of the Chamber's Spring Session held in Strasbourg on 17 March 2005 were adopted.

IV. POLITICAL EVALUATION OF THE MEETING OF THE INSTITUTIONAL COMMITTEE OF THE CHAMBER OF LOCAL AUTHORITIES

Mr Mans (Netherlands), President of the Institutional Committee of the Chamber, reported on the meeting of the Committee of 7 November 2005, drawing attention to the preparation of the debate with the minister from Luxembourg and the discussions on Azerbaijan. He announced that Mr Francesco Merloni had been appointed for a renewed term as President of the Group of Independent Experts on the European Charter of Local Self-Government.

V. LOCAL DEMOCRACY IN LUXEMBOURG

[Rec. 172 (2005)]

[Part II CPL (12) 6

Jean-Marie Halsdorf, Minister of the Interior and Local and Regional Planning, Luxembourg, commented on the main recommendations of the report on local democracy in Luxembourg, while emphasizing that these were his own views and had yet to be validated by the relevant political bodies. He acknowledged the need for a thorough reflection on the current structures in his country, in order to bring them up to meet the expectations of modern society.

In reply to questions from Mr Newbury (United Kingdom), the minister agreed on the need for more precision in respect to the rounds for dismissal of mayors and alderman and declared that his government intended to make specific proposals in this area in June or July 2006.

Regarding the appointment of mayors and alderman, he confirmed that he would recommend that, in future, Councils propose candidates.

On the subject of regionalisation in Luxembourg, he stated that, while he did not consider it necessary to develop a formal level of institution, there should nevertheless be a public body responsible for coordinating relations between the national and the local authorities.

Replying to Ms Smith (United Kingdom), the minister states that it had been agreed to abolish the current powers regarding supervision of the law on local authorities (Article 2 of the Charter) and replace them with a formal system.

Replying to Mr Mans (Netherlands), the minister confirmed that he would give consideration to making it compulsory for local authorities to be consulted on matters which concerned them.

Mr Klein (Luxembourg), head of the Luxembourg delegation, welcomed the positive responses that the minister had given and looked forward to a future in which mayors and aldermen would be elected.

The Chair thanked the minister for the constructive dialogue and frank exchange of views.

VI. LOCAL DEMOCRACY IN CYPRUS

[Rec. CPL (12) 8]

[Part II CPL (12) 8

The Rapporteur, Mr Micallef (Malta) presented the report. He regretted the fact that many recommendations of the Congress’ report of 2001 still remain unaddressed in Cyprus and little change has occurred in local self-government since this first report. He said that the current government of the Republic of Cyprus has yet to provide its own clear answers to Congress’ recommendations within a reasonable timeframe on a number of outstanding issues such as local budgets and supervision of local authorities. The rapporteurs look forward very much to the dialogue with the minister of the interior at one of the forthcoming sessions of the Congress.

Mr. Micallef also mentioned the fact that in the course of the preparation of the report the rapporteurs were able to visit the Northern part of the island in conformity with the term of reference received from the Bureau. This was done on one hand with a view to finding out and describing the current situation of local communities in that part of the island. On the other hand, this visit was designed to help the Bureau in its consideration of the issue of representation within the Cyprus national delegation. Mr. Micallef stressed the fact that in his view further time was needed to examine the question of representation. Mr. Alan Lloyd, co-rapporteur, agreed with the main conclusions presented by Mr. Micallef.

The President stated that the Bureau had decided that the floor could be given to Mr Beyar, a local representative from Northern Cyprus. However, he drew the attention of the members of the Chamber that the question of the representation is a separate issue and would be discussed by the Bureau in the light of the report at a later date.

In his statement Mr. Beyar drew the attention of the Chamber to the issue of representation within the Cyprus national delegation.

The President said that he had been working with the rapporteurs to find a solution to this question, which met the needs of both parties and that they were willing to visit the island to facilitate the dialogue.

Mr Zeybekci (Turkey) presented Amendment no.1, proposing to delete paragraph 41 of the draft recommendation.

Mr Zampelas (Cyprus) opposed the amendment. The Rapporteur, Mr Micallef, also opposed the amendment.

The President proposed that Amendment no.1 be put to a vote.

Amendment no.1 was rejected.

Mr Zeybekci (Turkey) presented Amendment no.1, proposing to reformulate paragraph 41 of the draft recommendation as follows:

“The Congress underlines the fact that the relevant European Court of Human Rights judgements accept that international law recognises the legitimacy of certain legal arrangements and transactions in situations such as the one obtained in the “TRNC”, the effects of which can only be ignored to the detriment of inhabitants of the territory.”

Mr Zampelas (Cyprus) opposed the amendment. The Rapporteur, Mr Micallef, also opposed the amendment.

The President proposed that Amendment no.2 be put to a vote.

Amendment no.2 was rejected.

The President proposed that the draft recommendation be put to a vote.

The draft recommendation in document Rec. CPL (12) 8 was adopted.

VII. LOCAL DEMOCRACY IN MOLDOVA

[Rec. CPL (12) 9]

[Part II CPL (12) 9]

Mr Mangin (France), Rapporteur, presented the report. He explained that, while the report was political in nature, it was not subjective and that the aim had been to emphasise what still needed to be done.

Mr Vrabie (Moldova) presented Amendment no.1, proposing that:

Paragraph 7, d. be deleted or replaced by the following wording: “considers that in some cases local authorities do not have yet full freedom of organising themselves, in particular in recruiting civil servants to be affected to precise tasks”.

Mr Mangin (France), Rapporteur, opposed the amendment.

The President proposed that Amendment no.1 be put to a vote.

Amendment no.1 was rejected.

Mr Vrabie (Moldova) presented Amendment no.2, proposing that:

In paragraph 7, e. ii (in English version, written “c.ii” instead of “e.ii”), the following text be deleted:
"ii. draw a clear distinction between the rules governing State civil servants and those on local authority employees, stipulating that the latter are answerable to their local authorities rather than to the central State;”

Mr Mangin (France), Rapporteur, opposed the amendment.

The President proposed that Amendment no.2 be put to a vote.

Amendment no.2 was rejected.

Mr Vrabie (Moldova) presented Amendment no.3, proposing that:

Paragraph 8, c. i. be replaced by the following wording: “limited financial possibilities of the local financial autonomy in Moldova which, practically, lead to the diminishing of the freedom on the part of local authorities to decide on financial matters”.

Mr Mangin (France), Rapporteur, opposed the amendment.

The President proposed that Amendment no.3 be put to a vote.

Amendment no.3 was rejected.

The President informed the committee that Amendment no.4 had been withdrawn.

Mr Vrabie (Moldova) presented Amendment no.5, proposing that:

Paragraph 8, c. v. be replaced by the following wording: “that the criteria used by the Ministry of Finance for deciding the amounts of transfers are not transparent enough”.

Mr Mangin (France), Rapporteur, supported the amendment.

The President proposed that Amendment no.5 be put to a vote.

Amendment no.5 was adopted.

Mr Vrabie (Moldova) presented Amendment no.6, proposing that:

Paragraph 8, c. vi. and vii. be deleted.

Mr Mangin (France), Rapporteur, opposed the amendment.

The President proposed that Amendment no.6 be put to a vote.

Amendment no.6 was rejected.

Mr Vrabie (Moldova) presented Amendment no.7, proposing that:

Paragraph 9, a. be replaced by the following wording: “takes note of some appeals and declarations concerning the prosecution of the former General Mayor of Chisinau, Chisinau municipal staff and other local elected representatives from the opposition parties, for alleged irregularities and corruption in the exercise of their political and administrative functions”.

Mr Mangin (France), Rapporteur, opposed the amendment.

The President proposed that Amendment no.7 be put to a vote.

Amendment no.7 was rejected.

Mr Vrabie (Moldova) presented Amendment no.8, proposing that:

Paragraph 9, c. ii. be replaced by the following wording: “as some sources report, this type of measure is implemented in the great majority of cases against local elected representatives from the opposition parties, rather than those belonging to the governing party”;

Mr Mangin (France), Rapporteur, opposed the amendment.

The President proposed that Amendment no.8 be put to a vote.

Amendment no.8 was rejected.

The President informed the committee that Amendments nos. 9, 10 and 11 had been withdrawn.

The President informed that committee that, in the light of its content, it would be appropriate to examine Amendment no. 16 at this stage, before proceeding to examine the remaining amendments. The Committee agreed to this proposal.

Mr Vrabie (Moldova) presented Amendment no.16, proposing to change paragraph 9.d as follows:

“d. invites the Moldovan authorities to take account of these considerations and adopt all the requisite measures to prevent these prosecutions from being used to political ends and to expedite the investigations conducted in this type of cases and make them more transparent;”

Mr Mangin (France), Rapporteur, supported the amendment.

The President proposed that Amendment no.16 be put to a vote.

Amendment no.16 was adopted.

Mr Vrabie (Moldova) presented Amendment no.12, proposing that Paragraph 11 d. be deleted.

Mr Mangin (France), Rapporteur, supported the amendment.

The President proposed that Amendment no.12 be put to a vote.

Amendment no.12 was adopted.

Mr Vrabie (Moldova) presented Amendment no.13, proposing that Paragraph 11 e. ii be deleted.

Mr Mangin (France), Rapporteur, supported the amendment.

The President proposed that Amendment no.13 be put to a vote.

Amendment no.13 was adopted.

VIII. STATE OF LOCAL FINANCES IN THE NETHERLANDS

[Rec. CPL (12) 11]
[Part II CPL (12) 11

IX. THE EUROPEAN URBAN CHARTER

[Rec. CPL (12) 7]

[Part II CPL (12) 7]

The President proposed, in view of the time, to move this item to the meeting of the Standing Committee which would be held on the following day.

The Committee accepted this proposal.

X. PUBLIC PARTICIPATION IN LOCAL AFFAIRS AND ELECTIONS

[Rec. CPL(12) 10]

[Part II CPL (12) 10

The President proposed, in view of the time, to move this item to the meeting of the Standing Committee which would be held on the following day.

The Committee accepted this proposal.

XI. ANY OTHER BUSINESS

There was no other business.

XII. DATE AND PLACE OF THE NEXT MEETING

16 March 2006, Strasbourg