CG/BUR(19)8

7 December 2010

Terms of Reference of the Committees of the Congress

Document approved by the Bureau of the Congress on 3 December 2010


Terms of reference: Committee on the Honouring of Obligations and Commitments by member states of the European Charter of Local Self-Government

A. General terms of reference

1. The Committee on the Honouring of Obligations and Commitments by member states of the European Charter of Local Self-Government (ECLSG) (hereafter referred to as the Monitoring Committee), may examine any matter within its specific terms of reference (Rule  36 of the Rules of Procedure) and Resolution 309 (2010) on the reform of the Congress: structure and working methods.

2. The Monitoring Committee shall prepare reports, including a resolution and/or recommendation, for debate in the Congress or its chambers:

- when stipulated in the Congress’s Rules of Procedure, in particular Rule 36 and in the present terms of reference;
- when stipulated in texts adopted by the Congress;
- when instructed by the Congress Bureau or the Bureaux of the Chambers.

3. The Committee shall examine the action taken on texts adopted by the Congress or its chambers on the basis of their reports (Rule 36).

4. The Committee may propose activities to the Bureau for advancing local and regional democracy, in accordance with the priorities set by the Congress.

5. The Committee may organise conferences, hearings and other events on matters within its specific terms of reference and which are linked to its work programme, subject to availability of funds.

6. The Committee shall prepare the Congress contribution to other Council of Europe activities that come within its competence.

7. The Committee is entitled to establish and is responsible for developing working relations with the relevant Council of Europe structures and bodies, observers to the Congress and the relevant European and international organisations.

8. The Committee shall maintain close working relations with national associations of local and/or regional authorities in Council of Europe member states, with a view to:

- collecting information on existing and emerging problems;
- relaying the committee’s recommendations for action at territorial level;
- contributing to the follow-up to these recommendations.


B. Specific terms of reference

9. In accordance with Congress Resolutions 296 (2010), 307 (2010), and 309 (2010), the Monitoring Committee is responsible for ensuring that member states develop and maintain local and regional democracy, in full compliance with their obligations under the European Charter on Local Self Government (ECLSG), and its Additional Protocol once entered into force. This also applies to states preparing to ratify the Charter.

10. The Committee is responsible, in particular, for:

10.1 - monitoring the European Charter of Local Self-Government;

10.2 - preparing reports on the situation of local and regional democracy in Europe;

10.3 - monitoring specific questions related to local and regional democracy in member states;

10.4 - ensuring that its recommendations to member states are followed up.

11. The Monitoring Committee shall in particular undertake:

*       11.1 - a regular general country-by-country monitoring mission in each member state approximately every five years;

*       11.2 - the examination of a particular aspect of the Charter, upon decision of the Bureau or the Committee;

*       11.3 - fact-finding missions to look into specific cases of concern upon decision of the Bureau.

12.  In its monitoring work, the Committee shall take into consideration:

12.1 - the conclusions and recommendations of Congress election observation missions;

12.2 - the situation of human rights at local and regional levels in Europe, and, in accordance with Resolution 296 (2010) elaborate a report on this specific issue on a regular basis.

13.  The Committee shall devise a strategy to strengthen the capacity of domestic monitoring bodies to exercise their oversight function in an efficient way.  It shall coordinate its activities where possible with other Council of Europe monitoring bodies working on related issues with a view to improving the implementation of its recommendations.

14.  On the basis of these activities, the Committee shall contribute to clarifying the interpretation of the Council of Europe's legal instruments, and other texts in the field of local and regional democracy, notably the European Charter of Local Self-Government, and the relevant recommendations and resolutions adopted by the Congress, as well as the Reference Framework for Regional Democracy.

15. The Committee shall make proposals to the Bureau of the Congress to improve the application of the European Charter on Local Self Government.

16. The Committee shall initiate a post-monitoring dialogue and elaborate, when necessary, targeted programmes of assistance on common issues identified during monitoring visits, in order to provide concrete assistance to local and regional authorities and an efficient follow-up to its recommendations.

17. The Committee shall establish and develop working relations with the relevant Council of Europe structures and bodies, in particular with the relevant subsidiary bodies of the Committee of Ministers, the Parliamentary Assembly's Committee on the Honouring of Obligations and Commitmentsby member states of the Council of Europe, the Commissioner on Human Rights and the European Commission for Democracy through Law (Venice Commission).


Terms of reference: Governance Committee

A. General terms of reference

1. The Governance Committee may examine any matter within its specific terms of reference (Rule 36 of the Rules of Procedure) and Resolution 309 (2010) on the reform of the Congress: structure and working methods.

2. The Committee shall prepare reports, including a resolution and/or recommendation, for debate in the Congress or its chambers:

- when stipulated in the Congress’s Rules of Procedure, in particular Rule 36 and in the present terms of reference;
- when stipulated in texts adopted by the Congress;
- when instructed by the Congress Bureau or the Bureaux of the Chambers.

3. The Committee shall examine the action taken on texts adopted by the Congress or its chambers on the basis of their reports (Rule 36).

4. The Committee may propose activities to the Bureau for advancing local and regional democracy, in accordance with the priorities set by the Congress.

5. The Committee may organise conferences, hearings and other events on matters within its specific terms of reference and which are linked to its work programme, subject to availability of funds.

6. The Committee shall prepare the Congress contribution to other Council of Europe activities that come within its competence.

7. The Committee is entitled to establish and is responsible for developing working relations with the relevant Council of Europe structures and bodies, observers to the Congress and the relevant European and international organisations.

8. The Committee shall maintain close working relations with national associations of local and/or regional authorities in Council of Europe member states, with a view to:

- collecting information on existing and emerging problems;
- relaying the committee’s recommendations for action at territorial level;
- contributing to the follow-up to these recommendations.

B. Specific terms of reference

9. The Committee shall consider legal and political issues relating to the effective development of good governance and democracy at local and regional levels.

10. The Committee shall in particular consider:

10.1 - extending and developing the Council of Europe's legal instruments and recommendations in the field of local and regional democracy;

10.2 - issues relating to governance and the functioning of local and regional authorities, such as citizen participation at local and regional level, as well as, in accordance with Resolution 309 (2010), public finance, cross-border and interregional co-operation and e-democracy.

11. The Committee shall follow the activities of and prepare the Congress contribution to the Conference of Ministers Responsible for Local and Regional Government and its follow-up.

12. The Committee shall establish and develop working relations with the relevant Council of Europe structures and bodies, in particular with the Parliamentary Assembly's Committee on the Environment, Agriculture and Local and Regional Affairs and the relevant subsidiary bodies of the Committee of Ministers, such as the European Committee of Local and Regional Democracy (CDLR) and its subcommittees.


Terms of reference: Current Affairs Committee

A. General terms of reference

1. The Current Affairs Committee may examine any matter within its specific terms of reference (Rule 36 of the Rules of Procedure) and Resolution 309 (2010) on the reform of the Congress: structure and working methods.

.2. The Committee shall prepare reports, including a resolution and/or recommendation, for debate in the Congress or its chambers:

- when stipulated in the Congress’s Rules of Procedure, in particular Rule 36 and in the present terms of reference;
- when stipulated in texts adopted by the Congress;
- when instructed by the Congress Bureau or the Bureaux of the Chambers.

3. The Committee shall examine the action taken on texts adopted by the Congress or its chambers on the basis of their reports (Rule 36).

4. The Committee may propose activities to the Bureau for advancing local and regional democracy, in accordance with the priorities set by the Congress.

5. The Committee may organise conferences, hearings and other events on matters within its specific terms of reference and which are linked to its work programme, subject to availability of funds.

6. The Committee shall prepare the Congress contribution to other Council of Europe activities that come within its competence.

7. The Committee is entitled to establish and is responsible for developing working relations with the relevant Council of Europe structures and bodies, observers to the Congress and the relevant European and international organisations.

8. The Committee shall maintain close working relations with national associations of local and/or regional authorities in Council of Europe member states, with a view to:

- collecting information on existing and emerging problems;
- relaying the committee’s recommendations for action at territorial level;
- contributing to the follow-up to these recommendations.


B. Specific terms of reference

9.  The Committeeshall be responsible for:

9.1 - studying the role of local and regional authorities with regard to the major challenges of modern society;

9.2 - ensuring a swift response to these challenges by recommending concrete action at national, regional and local level;

9.3 - preparing work on thematic issues such as social cohesion, intercultural dialogue, education, culture and sustainable development,

from the point of view of the Council of Europe’s core values and taking into account the priorities established by the Presidency of the Committee of Ministers and the Conference of Ministers Responsible for Local and Regional Government.

10. The Committee shall in particular:

10.1 - identify immediate and potential problems and situations encountered or emerging in member states of the Council of Europe that have an impact on local and regional democracy;

10.2 - prepare reports and organise debates during Congress sessions on current affairs and urgent situations and crises affecting local and regional authorities of the Council of Europe member states, and recommend concrete responses.

11. The Committee shall follow the activities of and maintain working relations with the relevant Council of Europe bodies, in particular the subsidiary bodies of the Committee of Ministers and the Parliamentary Assembly, according to the issues that it treats.