C O U N C IL CONSEIL

OF EUROPE DE L'EUROPE

C o m m ittee of M inisters

Ministers' Deputies
CM Documents
CM(2000)100 (Restricted) 21 July 2000

719 Meeting, 6 September 2000

12 Congress of Local and Regional Authorities of Europe (CLRAE)

12.1 Texts adopted by the Congress of Local and

Regional Authorities of Europe (CLRAE) - Provisional
edition
7th Session, Strasbourg 23 - 25 May 2000

Internet : www .coe.fr/cm line (password access)

Intranet : hom e.coe.fr/cm line
Recommendations

Recommendation 74 on the stability pact for south-eastern Europe: specific projects on

local democracy and transfrontier co-operation

Recommendation 75 on the draft European outline Convention on mountain regions

Recommendation 76 on the participation of foreign residents in local public life

Recommendation 77 on local and regional democracy in the Czech Republic

Recommendation 78 on local and regional democracy in France

Recommendation 79 on the financial resources of local authorities in relation to their

responsibilities: a litmus test for subsidiarity

Recommendation 80 on crime and urban insecurity in Europe: the role of the local
authorities

Recommendation 81 on the situation of local democracy in Estonia

Recommendation 82 on local democracy in the former Yugoslav Republic of

Macedonia

Recommendation 83 on the evaluation of rgionalisation in Central Europe, and

especially in Poland

Recommendation 84 on regional democracy in Moldova

Recommendation 85 on the democratic stability through transfrontier co-operation in

Europe

Recommendation 86 on the financial transparency of political parties and their

democratic functioning at regional level

Resolutions

Resolution 89 on the verification of the appointment procedures and composition

of national delegations and special guest delegations to the CLRAE

Resolution 90 on the revision of the Rules of Procedure of the Congress

Resolution 91 on responsible citizenship and participation in public life

Resolution 92 on the participation of foreign residents in local public life

Resolution 93 on local and regional democracy in the Czech Republic

Resolution 94 on local and regional democracy in France

Resolution 95 on the procedure for the election of the Chief Executive of the
CLRAE

Resolution 96 on the revision of the Rules of Procedure of the Chamber of Local

Authorities

Resolution 97 on the financial resources of local authorities in relation to their

responsibilities: a litmus test for subsidiarity

Resolution 98 on historic towns in Europe

Resolution 99 on crime and urban insecurity in Europe: the role of local

authorities

Resolution 100 on local democracy in the former Yugoslav Republic of

Macedonia

Resolution 101 on the revision of the Rules of Procedure of the Chamber of

Regions

Resolution 102 on the evaluation of rgionalisation in Central Europe, and

especially in Poland

Resolution 103 on regional democracy in Moldova

Resolution 104 on the democratic stability through transfrontier co-operation in

Europe

Resolution 105 on the financial transparency of political parties and their

democratic functioning at regional level

Opinions

Opinion 13 on the draft European Landscape Convention prepared by the select

Committee of Experts set up by the Committee of Ministers

Opinion 14 on the draft Recommendation of the Committee of Ministers,

prepared by the CDLR, on Local taxation, financial equalisation
and grants to local authorities
 RECOMMENDATION 74 (2000)1
ON
THE STABILITY PACT FOR SOUTH-EASTERN EUROPE:
SPECIFIC PROJECTS ON LOCAL DEMOCRACY
AND TRANSFRONTIER CO-OPERATION

The Congress

1. Recalls its Recommendation 58 (1999) of June 1999 on the crisis in Kosovo and in
particular its request to participate, as part of the Council of Europe's contribution, in Working
Table I of the Stability Pact,

2. Having regard to the decision to set up a Stability Pact for South-Eastern Europe
adopted on 10 June 1999 in Cologne, the Declaration on the Pact adopted at the Sarajevo
Summit on 31 July 1999 and the decision of the authorities of the Pact to designate the
Council of Europe "sponsor" of the Task Force on Good Governance, including activities in
the field of local democracy,

3. Recalls its active participation in the preparation and organisation of the Forum on
Decentralisation, Democracy and Stability in South-Eastern Europe that was held in
Bucharest on 23 and 24 February 2000 and resulted in the endorsement of an Action Plan to
strengthen local democracy and stability in south-eastern Europe, comprising an inventory of
the different projects proposed by the parties concerned, the international organisations and
the donors,

4. Emphasises that its contribution to the preparation of that Action Plan and of the
Council of Europe's special Programme on Local Democracy in south-eastern Europe was
made in close co-operation with the Directorate of Co-operation for Local and Regional
Democracy (DGI),

5. Reaffirms its support for the different projects adopted in the Action Plan (to which
further projects have since been added), particularly the Council of Europe's programme and
the priorities established since then, in order to achieve the following seven objectives:

promote political support for the strengthening of local authorities

develop a sound legal framework for local self-government
develop institutional capabilities and responsive leadership at the local level
enhance financial management and service provisions at local level

1 Debated by the Congress and adopted on 24 May 2000, 2nd sitting (see doc CG (7) 10 draft
Recommendation, presented by Mr Chnard, Rapporteur).
 develop democratic citizenship and intercultural dialogue at local level (with emphasis
on the role of Local Democracy Agencies (LDAs))
promote partnerships between towns and regions
foster transfrontier co-operation (taking into account in particular the conclusions of
the 7th Conference of Border Regions (Timisoara, 2 October 1999))

6. Stresses that the projects adopted for priority action will be all the more effective if
they are carried out in close co-operation with the local and regional authorities of the
countries concerned,

7. Extends its thanks to the governments and international organisations and to the
international financial institutions and private foundations that have decided to make financial
contributions towards the implementation of certain priority projects in the field of local
democracy,

8. Regrets, however, that in spite of the appeal made by its members to the governments
as well as to the 12th Conference of Ministers responsible for local government (Istanbul, 6
and 7 April 2000), numerous projects contained in the Action Plan and, consequently, in the
Council of Europe's special Programme for local democracy have not yet been allocated
sufficient funding, for example at the Conference on the financing of the Stability Pact
(Brussels, 29-30 March 2000) and the Donors' co-ordination meeting on 19 April 2000,

9. Invites the Association of Local Democracy Agencies to continue to extend the LDA
network in south-eastern Europe, in particular in Montenegro, Kosovo and Serbia, and
highlights the recent opening of an LDA in Prijedor (Republika Srpska),

10. Draws the attention of member governments of the Stability Pact, the European
Union, the international organisations and the international financial institutions and
foundations concerned to the fact that the CLRAE:

10.1 Is convinced that one of the main challenges facing Europe in the coming
years will be to restore peace, stability, democracy and the rule of law in south-eastern
Europe,

10.2 Is convinced that the Stability Pact is an appropriate framework for a

comprehensive approach to south-eastern Europe, in which democracy and human rights,
economic development and security are interdependent aspects,

10.3 Considers, however, that following the conflicts in former Yugoslavia,

reconstruction must not be confined to security, the economy and infrastructure, although
these are essential priorities, but must also encompass society, the institutions, restoring the
rule of law and, consequently, implementing sound and viable local democratic structures, as
security in the long term depends on all these factors,
 10.4 Considers that long-term stability in the region cannot be achieved until the
Federal Republic of Yugoslavia turns resolutely towards democracy, and that proper support
must be given to the democratic forces in the Federal Republic of Yugoslavia, particularly at
the local level, and will accordingly continue to support the "Szeged Process",

10.5 Considers that co-ordination of the projects of the various donors is necessary
and that, in the field of "local democracy", the Council of Europe should continue its role of
co-ordinator of the Task Force on Good Governance,

10.6 Considers that the projects and programmes concerning local democracy must
make due allowance for the particular conditions in each country and be implemented in a
fully transparent manner,

10.7 Emphasises the need, under the Stability Pact, to provide direct assistance to
the towns and regions of south-eastern Europe through technical partnerships, for example in
respect of the organisation of the institutions, the management of public services and local
economic development,

10.8 Is in favour of Moldova participating in the Stability Pact, as requested by the

Parliamentary Assembly,

10.9 Stresses the importance of the role played by international and local NGOs,
particularly the Local Democracy Agencies (LDAs) and national associations of local and
regional authorities, in rebuilding the economy and civil society, and requests that they be
given proper financial support,

10.10 Highlights the support it has given to the towns of Montenegro in granting
observer status in its Chamber of Local Authorities to the Association of Towns of the
Republic of Montenegro,

11. Appeals to governments, international organisations and financial institutions to

ensure that the projects presented by the Council of Europe and given priority in the Council
of Europe's Programme on local democracy and in the Action Plan receive the funds
necessary for their implementation,

12. Invites the special Co-ordinator of the Pact and the Chair of Working Table I on
Dmocratisation and Human Rights, which covers projects on local democracy, to take due
account of the possibilities offered by the Congress in the implementation of numerous
projects in the Action Plan, and of its availability for on-site monitoring of the
implementation of the Stability Pact's activities in the towns and regions of south-eastern
Europe,
13. Invites the European Commission to take into account the possibilities the Congress
has of contributing to specific projects under its various programmes and, in particular, the
new Community Association and Reconstruction Assistance (CARA) Programme for the
Western Balkans, the PHARE Programme and the Interreg initiative, particularly in terms of
partnerships between towns and regions, Local Democracy Agencies, training and
transfrontier co-operation between local and regional authorities,

14. Recommends to the Committee of Ministers

i. to make available the necessary funds to enable the Council of Europe and, in
particular, the Congress, to participate in the implementation of the Stability Pact,

ii. to finance the Council of Europe's office in Pristina, opened in August 1999, in order
that it may continue the essential work it is doing,

iii. to continue its policy of maintaining a Council of Europe presence in Podgorica and,
when the requisite conditions are met, in Belgrade,

iv. to bear in mind in the coming months that the Congress is ready:

to participate actively in the implementation of the "Local Democracy"

projects of the Council of Europe's special Programme, and to monitor the
functioning of local democracy and the practical results of the Action Plan
approved by the Bucharest Forum in the towns and regions of south-eastern
Europe,

to continue supporting the democratic forces in the Federal Republic of

Yugoslavia, particularly at town and municipal level, in order to help the
country to develop local democracy, an important asset that may facilitate its
eventual reintegration into the international community,

v. to make financial provision for the co-ordination of the international observation of the
municipal elections scheduled to be held in Kosovo in autumn 2000.
 RECOMMENDATION 75 (2000)2
ON
THE DRAFT EUROPEAN OUTLINE CONVENTION
ON MOUNTAIN REGIONS

The Congress,

1. RECALLING THAT:

a. a first draft legal instrument entitled "draft European charter of mountain regions" was
approved by the Congress in its Recommendation 14 (1995),

b. after participating in the preparation of this draft, the Parliamentary Assembly

expressed its support for it in its Recommendation 1274 (1995);

c. following a favourable opinion from the CEMAT Committee of Senior Officials, the
Committee of Ministers decided to set up an intergovernmental working party and instruct it
to prepare a convention text on mountain regions on the basis of the above-mentioned
recommendations;

d. the Directorate of Legal Affairs of the Council of Europe Secretariat (DAJ) drew up
an opinion on the text drafted by the above-mentioned working party. In this opinion, the DAJ
proposed amending the draft European charter of mountain regions to turn it into a draft
outline convention;

e. In order to take into account the opinion of the Directorate of Legal Affairs, the
rapporteurs for the Parliamentary Assembly and the Congress revised the draft European
charter on mountain regions to give it the form of an outline convention.

2. TAKING INTO ACCOUNT:

a. the fact that the local and regional authorities of mountain regions are calling for the
adoption of an international legal instrument to ensure, as part of an overall policy on
sustainable spatial development, the necessary conditions for promoting the socio-economic
development of mountain populations while respecting their environment;

2 Debated by the Congress and adopted on 24 May 2000, 2nd sitting (see doc CG (7) 6 draft
Recommendation, presented by Mr Vierin, Rapporteur).
b. the work done by specialist associations, by the representative bodies of local and
regional authorities and by the governmental experts participating in meetings of Council of
Europe bodies;

c. the many calls for the adoption of international measures regarding the sustainable
development of mountain regions, issued over the last few years at conferences organised by
the Congress and the Parliamentary Assembly, and in particular at:

the 3rd Conference on Mountain Regions, held in Chamonix, France, 15-

17 November 1994;

the Parliamentary Conference on a Pan-european Policy for Mountain Regions held in

Rodez, France, 11-13 September 1997;

the Forum for Sustainable Spatial Development of the European Continent, held in
Strasbourg, France, 25-26 November 1999;

the Seminar on the draft European outline convention on mountain regions, held in St.
Vincent, Italy, 28 April 2000;

d. Recommendation 72 of the CLRAE (2000) containing an opinion on the Guiding

principles for sustainable spatial development of the European continent, in which the
Congress draws the attention of the CEMAT Committee of Senior Officials to the need to
adopt a European outline convention on mountain regions;

e. Parliamentary Assembly draft Recommendation (Doc. 8733) on the Council of

Europe's role in regional planning, which recommends that the Committee of Ministers adopt
the draft outline convention on mountain regions in order to meet the demands of mountain
populations, particularly in the countries of Central and Eastern Europe.

3. EMPHASISES THAT:

a. the draft European outline convention on mountain regions:

is aimed at all mountain areas within Council of Europemember states,their

inhabitants and European, national and regional political institutions;

finds its justification in a desire to adopt an overall approach to European mountain

regions, taking into consideration the socio-economic, cultural and environmental
aspects of these regions;

is designed to encourage the drawing up of international bilateral and multilateral

agreements on transfrontier mountain ranges and the adoption of national policies for
the development and protection of mountain regions;
b. the Convention on the Protection of the Alps (Alpine Convention), constitutes,
where the Alps are concerned, an example of ante litteram application of the principles
contained in the draft European outline convention on mountain regions, and that, owing to
this fact, the provisions contained in the Alpine Convention are complementary to those
contained in the draft European outline convention on mountain regions;

c. the Council of Europe member countries which are not part of the Alpine region
(notably those of Central and Eastern Europe) are not covered by international legal
provisions which could help them to solve the problems facing their mountain regions,
particularly problems of a transfrontier nature;

d. the draft outline convention is a vital instrument for the development of transfrontier
co-operation between territorial authorities in the mountain regions of the countries
concerned.

4. RECOMMENDS THAT the Committee of Ministers:

a. forward the appended draft European outline convention on mountain regions to the
European Ministers responsible for Regional Planning, who will be meeting in Hanover, 7 - 8
September 2000;

b. to re-examine the draft outline convention after the Hanover Conference with a view
to adopting it and opening it for signature as soon as possible.
 DRAFT EUROPEAN OUTLINE-CONVENTION
ON MOUNTAIN REGIONS

Preamble

The member States of the Council of Europe and other signatories to this Convention,

1. Considering that one of the aims of the Council of Europe is to achieve a greater unity
between its members, and that this aim is particularly pursued through the conclusion of
agreements in the economic and social spheres;

2. Recalling the European Outline Convention on Transfrontier Co-operation between

Territorial Communities or Authorities of 1980, known as the Madrid Convention;

3. Recalling the recommendations and commitments made at the 1992 Rio de Janeiro
Conference on Environment and Development, particularly Chapter 13 of Agenda 21;

4. Also recalling the Intergovernmental Declaration adopted at the European Consultation

on sustainable mountain development (Trento, Italy, 7 - 1 1 October 1996), which considers that
the mountain regions are an exceptional asset which needs to be preserved;

5.Taking into account the Salzburg Convention of 1991 on the Protection of the Alps;

6. Recalling Field of Action No. 10, on mountain eco-systems, of the Pan-European

Biological and Landscape Diversity Strategy approved by the Ministers of the Environment
in 1995;

7. Considering all of the resolutions and recommendations relating to mountain areas

adopted by the Committee of Ministers, the Parliamentary Assembly and the Congress of Local
and Regional Authorities of Europe;

8. Considering Recommendation 14 (1995) of the Congress of Local and Regional

Authorities of Europe and Recommendation 1274 (1995) of the Parliamentary Assembly of the
Council of Europe, on the draft European Convention of Mountain Regions;

9. Noting that mountain regions cover large areas of Europe and fulfil important functions
of general interest, particularly of an environmental, economic, social and cultural nature;

10. Aware that the mountain regions of Europe, in spite of their diversity, which should be
preserved and promoted, experience common economic, social and environmental problems,
because of their altitude, sloping terrain and climate, which call for a specific, integrated policy
framed according to the principles of sustainable development;
11. Considering that this policy must be part of a pan-European regional/spatial planning
policy, which must entail measures of economic and social development, the protection and
management of natural resources and the respect of local traditions and cultures;

12. Considering that the situation of the mountain regions environment represents not only a
constraint, but also an opportunity for the populations living there and that it is necessary to find
the right balance between their economic and social development and the protection of the
environment;

13. Taking into account the transfrontier character of some mountain regions and the need to
implement a coherent policy on both sides of the border;

14. Convinced that the peculiarities of mountain regions make it more difficult for their
inhabitants to provide for their basic needs and that the populations should be able to maintain
living and working conditions equivalent to those of other regions;

15. Considering that, for this purpose, it is important in the first instance to rely on Europe's
local and regional authorities, which are closer to the territories, inhabitants and problems of
mountain regions, to encourage their co-operation and to support initiatives they might take;

Have agreed as follows:

PART I: OBJECT, DEFINITION AND SCOPE

Article 1

Object

1. The obj ect of this Convention is to define a common framework so that:

a. each Contracting Party can establish a specific and integrated policy on the development,
planning, management and protection of mountain regions and the implementation of
that policy by all appropriate means;

b. bilateral or multilateral international agreements can be drawn up concerning

homogeneous oreographic areas of a transfrontier nature.

2. The aim of the common framework referred to in Article 1 is to guarantee for mountain
populations conditions for a socio-economic development which respects the balance between
human activities and the requirements of the environment, in keeping with the goals and
principles set in the above Preamble.
 Article 2

Definition of mountain regions and territorial scope

1. For the purposes of this Convention, the Contracting Parties interpret "mountain regions"
to mean areas whose altitude, sloping terrain and climate create special conditions which affect
the pursuit of human activities.

2. In accordance with Article 12(1) below, any State may designate the regions of its
territory, corresponding to the above definition, to which the Convention shall apply.

PART II: PRINCIPLES AND INSTRUMENTS

Article 3

Principles

1. The specific nature of mountain regions must be legally established by the Contracting
Parties; a policy must therefore be developed for the benefit of these regions, mainly favouring
traditional activities and framed according to the principles of sustainable development.

2. The local authorities should be involved in the definition, formulation and application of
measures required for the implementation of this policy, according to their respective powers and
to the principle of subsidiarity. The Contracting Parties undertake to develop the role of local and
regional authorities when preparing and implementing their mountain policies, by strengthening
their powers and their financial resources and by facilitating, wherever necessary, transfrontier
co-operation.

3. Co-operation between local authorities and between regions, within a national,

transfrontier and transnational framework, should facilitate the implementation of the mountain
policy.

Article 4

Instruments

1. With a view to implementing a mountain policy stemming from this Convention, each
Contracting Party undertakes to:

a. apply adequate instruments for the development and protection of mountain areas. These
instruments, in the form of global, integrated plans and programmes, shall be defined in
the most suitable territorial context: local, regional, national or transfrontier. They shall
cover territories that are homogenous and coherent from the functional point of view;
b. adapt and increase the effectiveness of the various sectorial policies already in force and
ensure their co-ordination and their integration into a comprehensive approach;

c. foster inter-municipal, interregional and transfrontier co-operation and, where

appropriate, seek to conclude bilateral and/or multilateral international agreements
covering homogenous transfrontier territories.

2. In order to apply paragraph b above, each Contracting Party undertakes to take the
appropriate measures, within the framework of the sectorial policies concerned, in the legal,
administrative, fiscal, economic and financial spheres, drawing on the pointers which appear in
the appendix to this Convention.

PART III - STANDING COMMITTEE

Article 5

Composition and functioning

1. For the purposes of the Convention, a Standing Committee shall be set up.

2. Any Contracting Party may be represented on the Standing Committee by a delegation

comprising representatives of mountain regions. Each delegation shall have one vote. The
Parliamentary Assembly of the Council of Europe and the Congress of Local and Regional
Authorities of Europe (CLRAE) shall participate as observers.

3 In the event of its accession to the Convention, the European Community, within the
areas of its competence, shall exercise its right to vote with a number of votes equal to the
number of its member States which are Contracting Parties to this Convention; the European
Community shall not exercise its right to vote in cases where the member States concerned
exercise theirs, and conversely.

4. Any member state of the Council of Europe which is not a Contracting Party to the
Convention may be represented on the Committee as an observer.

The Standing Committee may, by unanimous decision, invite any non-member State of
the Council of Europe which is not a Contracting Party to the Convention to be represented by an
observer at one of its meetings.

Any body or agency technically qualified in this field may apply for observer status with
the Standing Committee. The Standing Committee may, by a simple majority, accept such a
request.
5. The Standing Committee shall be convened by the Secretary General of the Council of
Europe. Its first meeting shall be held within one year of the date of the entry into force of the
Convention. It shall subsequently meet at least every two years and whenever a majority of the
Contracting Parties so request.

6. A majority of the Contracting Parties shall constitute a quorum for holding a meeting of
the Standing Committee.

7. Subject to the provisions of this Convention, the Standing Committee shall draw up its
own Rules of Procedure.

Article 6

Competence

1. The Standing Committee shall be responsible for monitoring the application and the
implementation of this Convention. It may in particular:
a. make recommendations to the Contracting Parties concerning measures to be taken for
the purposes of this Convention;

b. recommend the appropriate measures to keep the public informed about the activities
undertaken within the framework of this Convention;

c. make recommendations to the Committee of Ministers concerning non-member States of

the Council of Europe to be invited to accede to this Convention;

d. make any proposal for improving the effectiveness of this Convention.

2. In order to discharge its functions, the Standing Committee may, on its own initiative,
arrange for meetings of groups of experts.

Article 7

Report on the application of the Convention

After each meeting, the Standing Committee shall forward to the Committee of Ministers
of the Council of Europe a report on its work and on the functioning of the Convention.

Each contracting Party shall inform the Standing Committee of all measures taken in
application of this Convention.
 Article 8

Publicity of proceedings

The Standing Committee will periodically - and at least every five years - make a
detailed report to the Parliamentary Assembly and to the CLRAE on the application of this
Convention.

PART IV - FINAL PROVISIONS

Article 9

Signature and ratification

This Convention is open for signature by the member states of the Council of Europe and
by the European Community. It will be subject to ratification, acceptance or approval.
Instruments of ratification, acceptance or approval shall be deposited with the Secretary General
of the Council of Europe.

Article 10

Entry into force

1. The Convention will enter into force on the first day of the month following the expiry of
a period of three months after the date on which five States of the Council of Europe have
expressed their consent to be bound by the Convention in accordance with the provisions of
Article 9.

2. In respect of any member State or of the European Community, which may subsequently
express its consent to be bound by the Convention, the latter shall enter into force on the first day
of the month following the expiry of a period of three months after date of the deposit of the
instrument of ratification, acceptance or approval.

Article 11

Accession by non-member States

1. After the entry into force of this Convention, the Committee of Ministers of the Council
of Europe may invite any non-member State of the Council of Europe to accede thereto.

2. In respect of any acceding State, the Convention shall enter into force on the first day of
the month following the expiry of a period of three months after the date of the deposit of the
instrument of accession with the Secretary General of the Council of Europe.
 Article 12

Territorial clause

1. Any Contracting Party may, at the time of signature or when depositing its instrument of
ratification, acceptance, approval or accession, specify the territory or territories to which, in
accordance with Article 2 above, the present Convention shall apply, in consultation with the
local and regional authorities and other representatives of the mountain regions concerned.

2. Any Contracting Party may, at any later date, extend the application of this Convention
to any other territory meeting the conditions of Article 2 of the present Convention, for whose
international relations it is responsible or on whose behalf it is authorised to give undertakings,
by specifying it by declaration addressed to the Secretariat of the Council of Europe.

Article 13

Denunciation

1. Any Contracting Party may, at any time, denounce this Convention by means of
notification addressed to the Secretary General of the Council of Europe.

2. Such denunciation shall become effective on the first day of the month following the
expiry of a period of six months after the date of receipt of the notification by the Secretary
General.

Article 14

Notifications

The Secretary General of the Council of Europe shall notify the member states of the
Council of Europe and any State which has acceded to this Convention of:

a. any signature;

b. the deposit of any instrument of ratification, acceptance, approval or accession;

c. any date of entry into force of this Convention in accordance with Articles 9 and 10;

d. any report established in pursuance of the provisions of Articles 7 and 8;

e. any other act, notification, declaration or communication relating to this Convention.

 In witness whereof the undersigned, being duly authorised thereto, have signed this
Convention.

Done in Strasbourg, ...................., in English and French, both texts being equally
authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The
Secretary General of the Council of Europe shall transmit certified copies to each member State
of the Council of Europe and to any State invited to accede to this Convention.
 APPENDIX

Pointers with a view to application of Article 4 11) lb) of the Convention

A) Pointers relating to the various sectorial policies concerned

1. Economic diversity and multiple job-holding

Stimulation of the diversity of economic activities and promotion of multiple job-

holding, by taking all useful decisions, particularly as regards labour law, social protection,
taxation and training.

2. Agriculture and forestry

1. Application of an agriculture and forestry policy adapted to the specificity of mountain

areas, to the protection of the environment and to the multi-functional role of agriculture,
favouring the modernisation of this sector of activities and the diversification and marketing of
production by developing policies based on quality for each type of product.

2. This policy shall, in particular:

a. guarantee the conditions of continuity of agricultural, forestry and pasture lands, farm
and mountain crops;

b. foster complementary economic activities;

c. support agricultural and forestry management initiatives contributing to the protection

and management of the environment;

d. compensate for the natural and ecological constraints inherent in mountain areas;

e. take measures for the protection, development and sustainable use of forests.

3. Industry, crafts, trade and private services

1. Development of industry, crafts, trade and private services, taking intoaccount the
special conditions of mountain regions.

2. Strengthening of co-operation, especially among small enterprises and also among the
different sectors of the economy, including agriculture, forestry and tourism;

3. Introduction of scientific research and technological development and creation or

improvement of networks for transfer of technology and innovation in mountain regions.
CM(2000)100

4. Tourism

1. Fostering and supporting of initiatives contributing to the development of quality tourism

which is respectful of the natural, economic, social, heritage and cultural environments of
mountain regions, especially those taken by local and regional authorities exercising their
powers;

2. Encouragement of quality tourism respectful of the ecological specificity of every site,

and adaptation of the capacity of infrastructure and services;

3. Fostering of year-round touri sm;

4. Regulation of the exercise of dangerous recreational activities or those liable to

undermine the environmental balance, and raising of tourists' awareness of these problems.

5. Housing, living environment and infrastructure

1. Supervision to make sure that permanent residentsare not affected by real-estate market
distortions caused by the demand for second homes;

2. Consolidation and promotion of existing housing and control of the establishment of

second homes;

3. No practice of discrimination against mountain regions as compared with the rest of the
territory with regard to housing and basic amenities and public services;

4. Easy access for mountain communities to nearby public services;

5. Maintenance of public amenities or services in mountain regions,irrespectiveof their

profitability.

6. Transport

While respecting environmental constraints and the need to protect the health and quality
of life of the population of mountain regions:

1. Promotion of safe, year-round accessibility of mountain regions;

2. Improvement of rail transport for international transit and interregionaltraffic, and

especially at local level, and promotion of public transport;

3. Improvement of regional, interregional and transfrontier communication routes, taking

account of Community rules on environmental impact assessment.
7. Energy

1. Turning to account of endogenous resources and exploitation of hydroelectric potential

in a manner compatible with environmental requirements;

2. Redistribution to mountain authorities of revenue earned by their hydraulic resources;

3. Consolidation of programmes for the development of alternative and renewable energy

sources.

8. Environment

1. Protection and sustainable management of soils, water and air, of sites, landscapes and
degraded areas, the conservation of fauna and flora and their habitats and, where appropriate,
their rehabilitation;

2. Conducting of impact studies on the environment for all infrastructure and industry or
tourism schemes, and also programmes or policies which are liable to cause significant or lasting
damage to the environmental resources of mountain areas;

3. Delimitation, in the plans and programmes referred to in Article 4(a) of the Convention,
of the areas where building, public amenities, traffic or other activities prejudicial to the
environment must be restricted, avoided or, if necessary, prohibited;

4. Inventory of areas prone to natural hazards and implementation of a policy of hazard

prevention to guarantee the safety of persons and property.

9. Education and training

1. Promotion of access to education and, taking into account the necessity of adult
education, maintenance of schools in mountain areas and organisation of them so as to avoid
long journeys for pupils, in particular by fostering distance learning and the development of
education technologies.

2. Setting up of training circuits, tailored to the economic needs of mountain areas, such as
technical and vocational training techniques and training in specific mountain professions.

10. Culture

1. Respect for, and reinforcement of, the identity of mountain populations and their regions;

2. Maintenance and promotion of the diversity and richness of their cultural heritage and of
the activities of local voluntary associations.
11. Scientific and technical co-operation

1. Introduction or improvement of mountain information and statistics systems compatible

and comparable between one country and another;

2. Promotion of networking and co-operation among any institutions concerned with the
specific problems of mountain areas.

B) Pointers relating to the adoption of economic and financial measures

The economic and financial measures adopted with a view to the application of Article
4(l)(b) of the Convention may take the form of:

1. direct assistance, tax incentives and/or payments for services rendered for the purposes of
environment protection and management or of natural hazard prevention;

2. contributions in compensation for natural handicaps or ecological constraints;

3. equalisation systems, including tax equalisation, to help less privileged regions.

 RECOMMENDATION 76 (2000)3
ON
THE PARTICIPATION OF FOREIGN RESIDENTS
IN LOCAL PUBLIC LIFE

The Congress,

1. Having regard to:

the stand taken on numerous occasions by the CLRAE and the Parliamentary
Assembly of the Council of Europe over the past 25 years and, in particular:

CLRAE Resolutions 85 (1976) and 93 (1977) on the measures to be taken to

assist migrant workers concerning housing, schooling of their children and
civil and political rights and the extension of civil and political rights to
immigrants, respectively;

Parliamentary Assembly Recommendation 799 (1977) on political rights and

the position of aliens;

CLRAE Resolution 236 (1992) on a new municipal policy for multicultural

integration in Europe and the Frankfurt Declaration;

the CLRAE European Urban Charter;

the Council of Europe Convention on the Participation of Foreigners in Public

Life at Local Level, open for signature by member states since February 1992;

the Council of Europes European Convention on Human Rights and its

additional protocols;

2. Thanking the City of Strasbourg and its Conseil Consultatif des Etrangers (CE)
(Foreigners Advisory Council) for having organised, in conjunction with the CLRAE, the
conference What participation by foreign residents in public life at local level? held in
Strasbourg on 5 and 6 November 1999;

3. Considering the Strasbourg Appeal adopted at the close of the conference by almost
400 participants from 120 European towns in 24 countries;

4.Convinced that respect for the right of foreigners to participate in the political life of
their town of residence stems directly from the principles of human rights and democracy
which are the attributes of the Council of Europe;

5. Convinced that enjoyment of this right is essential for social cohesion in towns, lasting
tolerance and peace in our societies;

3 Debated by the Congress and adopted on 24 May 2000, 2nd sitting (see doc. CG (7) 5 draft
Recommendation, presented by Mrs H. LUND, Rapporteur).
6. Judging the continuing distinction between nationals of the European Union and those
of countries which are not members of the European Union to be discriminatory;

7. Strongly convinced that the Charter of Fundamental Rights of the European Union
should not contradict these basic principles;

8. Noting that there are large numbers of foreign residents living in European countries,
including certain central and eastern European countries, either because state borders have
been redefined in the course of history, or as a result of migration for economic or political
reasons, or following the conflicts which have raged in several parts of our continent and
elsewhere in the world;

9. Convinced that migration will continue, even if it is regulated, and that the future lies
in open multicultural communities;

10. Convinced that the fundamental principles of human rights and democracy require that
foreign residents who have legally settled in European states on a long-term basis should not
be excluded from political life at local level;

Calls upon member states to:

11. Sign and ratify as soon as possible, if they have not already done so, the Convention
on the Participation of Foreigners in Public Life at Local Level and to take advantage of the
range of measures proposed by the Convention in gradually granting political rights to all
foreign residents who have settled in their countries on a long-term basis, in accordance with
residence criteria compatible with the spirit of the Convention and the democratic principles
of human rights, without distinction as to race, religion, ethnic group or origin;

12. Give their support to associations of foreign residents which make a vital and
democratic contribution to their integration and to the fight against intolerance, racism and
discrimination and thereby work towards achieving social cohesion in towns and enabling
different cultural communities to live there in harmony;

13. Facilitate the setting up by local and regional authorities of advisory bodies
representing foreign residents, drawing inspiration from examples that already exist in a large
number of European towns and regions;

14. Consider, as soon as possible, the possibility of granting these foreign residents the
right to vote in local and regional elections, drawing inspiration from the positive experiences
of countries which already apply this policy;

Invites the Committee of Ministers to:

15. Forward this recommendation to the directorates general concerned within the Council
of Europe and, in particular, to DG I (Legal Affairs), DG II (Human Rights) and DG III
(Social Cohesion), inviting them to take it into account, together with the conclusions of the
Strasbourg Conference and its Appeal, when drafting their future programmes of activity in
order to contribute to the exchange of experience, the shaping of opinions and the spread of
good practices on residents-citizens full participation in local democracy, whatever their
country of origin;
16. Consider this recommendation when preparing the Council of Europes contribution to
the Year against Racism declared by the United Nations in 2001;

Invites the Parliamentary Assembly to:

17. Give widespread publicity among its members and in national parliaments to the
concerns of the Congress and of the participants in the Strasbourg Conference, as expressed in
the Appeal adopted by them;

18. Ask it(s) competent committee(s) to take action such that the measures proposed in the
Council of Europe Convention on the Participation of Foreigners in Public Life at Local Level
are better known and applied and that the spread of good practices in this field is promoted, in
co-operation with the competent CLRAE committee(s);

Calls upon the European Union to:

19. Ensure that the Charter of Fundamental Rights of the European Union currently being
drawn up is consistent with the spirit of the Council of Europes Convention on the
Participation of Foreigners in Public Life at Local Level; that it recognises the citizenship
through residence of all foreign residents, whatever their country of origin, and that it grants
them the right to vote and stand in local elections, on the basis of common criteria governing
conditions of residence.
 RECOMMENDATION 77 (2000)4
ON
LOCAL AND REGIONAL DEMOCRACY
IN THE CZECH REPUBLIC

The Congress,

1. Recalling the colloquy on rgionalisation in the Czech Republic, held in November

1999 in Prague in cooperation with the Czech Union of Towns and Municipalities;

2. Having sent a delegation comprising its two co-rapporteurs, MM Cuatrecasas (Spain)

and Gugan (France), a consultant and the Secretariat to visit the Czech Republic from 9 to 11
November 1999 and from 12 to 15 March 2000, and having noted their report;

3. Welcoming the Czech Parliaments ratification of the European Charter of Local Self-
Government on 7 May 1999, and keen to ensure that the principles laid down in the Charter
are given real effect in the Czech Republic;

4. Welcoming the Czech Parliaments ratification of the European Outline Convention on

Transfrontier Co-operation Between Territorial Communities or Authorities on 20 December
1999, and keen to ensure that its principles are given real effect in the Czech Republic;

5. Having noted the Czech governments determination to reform the country's territorial
system, and the system of public administration generally, as soon as possible, those reforms
being among the governments priorities;

6. Having also noted the difficulty of reaching a political consensus in the Czech
Republic on the practical arrangements for implementing these reforms;

7. Having examined the preliminary versions of, inter alia, the draft law on
municipalities and the draft law on the regions of the Czech Republic, on which the
considerations included in its report are based and which have since been adopted by the
Chamber of Deputies of the Parliament;

8. Welcoming the speeding up in recent months of the legislative process that is to

provide the legal basis for organising the first ever regional elections in autumn 2000 and for
establishing functioning regions at the beginning of 2001;

4 Debated by the Congress and adopted on 25 May 2000, 3rd sitting (see doc. CG (7) 4 draft
Recommendation, presented by MM L. CUATRECASAS and M. GUEGAN, Rapporteurs).
9. Considers it necessary to recommend that the parliamentary and governmental
authorities of the Czech Republic:

a. pursue the efforts made to date in the legislative sphere to establish functioning
regions with real powers and to set up, via regional elections, the elected bodies
without which such regions cannot operate;

b. seek the most appropriate ways of rationalising territorial ministerial delegations as the
districts are gradually phased out;

c. increase municipalities own powers, thereby diminishing their dependence resulting

from delegated competencies by the State;

d. invest municipalities and regions with full powers in staff matters under rules and
regulations specific to public officials;

e. systematically consult local and regional authorities and their representative

associations, when drawing up and discussing draft laws concerning them;

f. make sure that administrative scrutiny of local authority acts is governed by

appropriate legislation and, with respect to their own powers, is concerned only with
the legality of such acts, rather than with their expediency, in accordance with Article
8 of the European Charter of Local Self-Government;

g. set up an administrative court to ensure that local government bodies enjoy legal
protection through a right of recourse to a judicial remedy, in accordance with Article
11 of the European Charter of Local Self-Government; make similar provisions for the
future regions;

h. ensure that the financial reform does not penalise or demotivate those municipalities or
regions that are more active and dynamic in promoting economic activities that
generate wealth; establish a system for the apportionment of tax revenue that also
takes account of objective criteria other than the number of inhabitants; make
provision for appropriate horizontal equalisation procedures;

i. step up efforts to train local and regional government staff, given that successful
decentralisation is always largely conditioned by the professionalism, motivation and
efficiency of local and regional government officials;

j. encourage mergers between municipalities and inter-municipal co-operation, in any

form they choose, in order to avoid excessive fragmentation and rationalise major
public investment;
continue the dialogue with the Congress during the reform process currently under
way, through consultations and exchanges of views with its members and experts, in
order to benefit from their expertise and the experience of other European countries in
the sphere of local and regional democracy;

consider limiting the scope of the Declaration formulated by the Czech Republic when
it ratified the European Charter of Local Self-Government;

appoint an appropriate delegation to participate in the Congress Chamber of Regions

as soon as possible after the establishment of the regions and the election of their
representatives;

promote transfrontier co-operation between local and regional authorities and explore
the possibility of signing the additional protocols to the European Outline Convention
on Transfrontier Co-operation between Territorial Communities or Authorities.
 RECOMMENDATION 78 (2000)5
ON
LOCAL AND REGIONAL DEMOCRACY IN FRANCE

The Congress,

1. Recalling:

a) its Resolution 31 (1996) on the guiding principles fo r the action o f the Congress when
preparing reports on local and regional democracy in member States and applicant
States;

b) in particular, paragraph 11 of this Resolution, in which the Congress requests that over
a reasonable period o f time all member States be the subject o f a detailed report on
local and regional democracy ;

c) that, on the basis of the above-mentioned paragraph, it has already prepared several
reports on local and regional democracy in various European countries6;

2. Recalling that in November 1998, the Committee of Ministers of the Council of

Europe invited it to continue its work on the preparation of country-by-country reports on the
situation of local and regional democracy in all the member states;

3. Considering the willingness of the French governmental and parliamentary authorities

to pursue the political debate on decentralisation in France, with a view to improving the
legislative basis and conditions for the exercise of local self-government, and wishing to
contribute to this debate in a constructive manner;

4. Notes that, pursuant to this willingness, the French government has set up a
Commission on Decentralisation, chaired by Senator Pierre Mauroy, former Prime Minister;

5. Having taken note of the report on local and regional democracy in France drawn up
by MM. Moreno Bucci (Italy, L) and Jean-Claude Van Cauwenberghe (Belgium, R),
rapporteurs, assisted by Professor Philippe De Bruycker (Belgium), following five official
journeys by the rapporteurs between December 1999 and March 2000, including visits to
Paris (twice), Boulogne-Billancourt, Lille, Metz, Bourg en Bresse and Ajaccio;

5 Debated by the Congress and adopted on 25 May 2000, 3rd sitting (see doc CG (7) 7, draft
Recommendation, presented by Messrs M. Bucci and J.C. Van Cauwenberghe, Rapporteurs).
6 Italy, Turkey (1997), Albania, Bulgaria, Latvia, Moldova, the United Kingdom, Ukraine (1998),
Germany, the former Yugoslav Republic of Macedonia, Finland, the Netherlands, Russia, San Marino (1999),
Estonia, Czech Republic (2000), Slovenia (on-going).
6. Wishes to express its gratitude to all the representatives of the French central and
territorial authorities and academics who agreed to meet the rapporteurs during the above
visits7 for their interest in the Congress's activities and their extreme helpfulness;

7. Considers it necessary to submit the following observations and recommendations to

the French parliamentary and governmental authorities;

7.1 Concerning the decentralisation process and the administrative organisation of

the territory:

7.1.1 Notes that the decentralisation process initiated at the beginning of the
1980s represented a break with the centralised tradition and was a successful attempt
at reform of the state, in which success depended to a considerable degree on the
gradual implementation of a number of major fundamental principles, particularly
with regard to powers, finance and controls;

7.1.2 Notes, however, that this success cannot disguise the fact that the
majority of territorial elected representatives view the decentralisation process as
incomplete, against a background that is perceived as one of "re-centralisation";

7.1.3 Notes that metropolitan France still contains more than 36,000
communes, and that this aspect has implications on the on-going debate on
decentralisation;

7.1.4 Notes that the strengthening of inter-communal co-operation,

particularly through the Law of 12 July 1999, represents, inter alia, an attempt by the
French authorities to furnish a pragmatic response to the historical fact that a great
many communes exist, as opposed to purely and simply merging;

7.1.5 Notes that a phenomenon of territorial fragmentation is also occurring,

albeit to a lesser degree, at the higher tiers formed by the 96 dpartements and 22
regions in metropolitan France;

7.1.6 Has doubts about the democratic legitimacy of certain types of inter
communal co-operation institutions which, having independent fiscal powers,
constitute a de facto additional tier of territorial administration superimposed on that
of the communes;

7.1.7 In the light of the foregoing, consider that:

a) the proliferation of inter-communal co-operation institutions endowed

with ever more important powers, compounded by increased
competition between the various authorities concerned, could well
spark off a situation of political and administrative hypertrophy, with
consequences in terms of cost and complexity potentially detrimental to
territorial autonomy;

7 These representatives are listed in Appendix I to this Recommendation.

 b) it is already necessary to give thought to how the territorial changes
arising from co-operation between territorial authorities will be
integrated into the future organisational and planning map of the
national territory;

c) it could be useful to grant territorial authorities a wider degree of self

management, which could extend to the decision to merge certain
administrative levels, even if they are of different types;

d) the democratic legitimacy of the most integrated forms of institutional

inter-communal co-operation must be one of the fundamental questions
in the debate on the future of decentralisation in France;

7.2 Concerning the question of local self-governments powers:

7.2.1 Welcomes the precise inventory contained in the decentralisation laws

of the 1980s, which affords a great degree of clarity in the system for the distribution
of powers;

7.2.2 Notes, however, that the objective of creating homogenous blocs o f

powers, in certain fields, has not been achieved, inter alia owing to countless and
repeated transfers and delegations of powers regardless of legislation;

7.2.3 Notes that these transfers of powers are sometimes difficult to reconcile
with the traditional general clause in respect o f powers and are contributing to
increasingly interlocking powers, with adverse effects on the development of local and
regional autonomy;

7.2.4 Observes that this phenomenon is complicated by the practice of

contractual arrangements, not only between local authorities of the same level, but
also between different levels of power and with the state;

7.2.5 Expresses its concern that the exercise of power via contractual
arrangements currently represents a method of administration in France which, while
recognised for its efficiency and flexibility;

escapes in certain phases the machinery of democratic control at

territorial level;

is sometimes felt by local and regional elected officials to constitute an

imposition by the state;

leads in certain cases to unavoidable competition between authorities;

 7.2.6 Considers that the interlocking powers and use of contractual
arrangements to define them has created a climate of uncertainty that requires speedy
clarification by parliament;

7.3 With regard to the territorial authorities' financial resources

7.3.1 Welcomes the fact that:

a) during adoption of the above-mentioned laws on decentralisation,

transfer of powers was accompanied by financial transfers from the
state, with a view to averting a situation where decentralisation meant a
transfer of costs from the state to the detriment of the territorial
authorities;

b) the financial autonomy of French authorities is based on the fact that

local elected representatives are free to set the rates of their taxes
within the limits established by law;

c) municipal budgets account for almost 30% of all public expenditure,

and 75% of public investment is currently carried out by the territorial
authorities, representing a substantial share of public spending;

d) France is thus well above the average in terms of "own" taxation

(25.7%), and well below the average level of transfers (49%) in the
o
Council of Europe's member states : this state of affairs is all the more
impressive for being achieved in a context of municipal fragmentation;

7.3.2 Nonetheless expresses its concern that:

a) this situation is currently being gradually destabilised by a paradoxical

development whereby territorial authorities' "own" taxation is
decreasing at the same time as decentralisation seems to be making
progress;

b) autonomous taxation by territorial authorities is effectively being

eroded in the wake of various measures introduced over the past two
decades via the annual finance laws;

c) these measures result in a government "take-over" o f territorial

authorities' "own" taxation, which the state compensates by additional
subsidies to replace the losses arising from the abolition of local taxes,
but which may not take account of real changes in costs arising from
the exercise of these authorities' powers;

8 4th General Report on Political Monitoring of the Implementation of the European Charter of Local
Self-Government: The financial resources of local authorities in relation to their responsibilities: a litmus test
for subsidiarity, Congress of Local and Regional Authorities, Council of Europe, May 2000
 d) such a development is not without consequences for local and regional
autonomy and democracy, since it is undeniable that a gradual state
take-over of local taxation represents a loss of autonomy for territorial
authorities, in that they are less and less free to secure their "own
resources";

e) this development has inevitably generated concern among a number of

territorial representatives, generally expressed by the idea that re
centralisation has been observable since the beginning of the 1990s;

7.3.3 Recalls in this context that "own" taxation is the principal means
whereby territorial authorities may obtain resources, by to some extent deciding what
rates to set. It is thus an essential basis for genuine autonomy;

7.3.4 Considers in this respect that:

a) the time has come to move away from a system of annual adjustments
via finance laws, which do not reflect the overall picture and which set
little store by the financial autonomy of territorial authorities;

b) a comprehensive reform of local and regional taxation is called for,

which would entail consolidation of the fiscal autonomy of territorial
authorities by strengthening financial equalisation between the
territories9;

7.4 Concerning the status of local and regional elected representatives:

7.4.1 Is of the opinion that, in order to ensure that territorial elected

representatives can freely discharge their mandate, it is appropriate to establish clearly
the conditions for exercising their responsibilities under the law;

7.4.2 In order to avoid a situation where territorial elected representative

become civil servants, general rules should be adopted to provide these representatives
with appropriate remuneration and corresponding social security cover;

7.4.3 In order to encourage political involvement at local and regional level,

it is very important, with regard to civil and criminal liability, that direct personal
liability be limited to specific cases recognised by law. With this in mind, local and
regional authorities should be granted their own legal personality;

9 The Prime Minister has underlined the importance of this autonomy by setting up a Governmental
Commission on Decentralisation: "Greater responsibility in taxation matters for local authorities could serve to
embed local democracy more firmly in the minds of our fellow citizens", excerpt from a letter sent by Mr Lionel
Jospin to Mr Pierre Mauroy, Chair of the Commission on Decentralisation.
 7.5 Concerning relations between the central and territorial authorities:

7.5.1 Welcomes the fact that administrative supervision, which was

particularly onerous when exercised a priori (before the decision had been taken or
was enforceable) has given way to an ex post facto control of legality, which can be
carried out only by a judge with respect to the administrative aspects and by the
regional audit office with respect to the financial aspects;

7.5.2 Considers, however, that it is important not to encumber the decision

making process of territorial authorities with long and complicated authorisation
processes that are liable to restrict their autonomy;

7.6 Concerning the exercise of state powers at territorial level:

7.6.1 Welcomes that fact that, since the renewal of decentralisation during
the 1980s, devolution is no longer considered as a precondition, but as a necessary
parallel to decentralisation, so that the decentralised authorities can at each step and
increasingly identify an interlocutor at their level within the state administration who
responds to their needs whilst respecting their independence;

7.7 Concerning the question of simultaneous office holding:

7.7.1 Has been receptive to comments by various Frenchlocal elected

representatives, who question the practice of simultaneous office holding by national
and territorial elected representatives;

7.7.2 Is of the opinion that it is appropriate to restrict the practice of

simultaneous office holding in order to valorise territorial elected representatives who
assume their political responsibility only at local or regional level;

7.8 Concerning the political accountability of territorial executives to elected

assemblies:

7.8.1 Notes that, with one exception, no political method is available to the
elected assemblies of territorial authorities for the purpose of directly dismissing
representatives of the executive whom they have appointed to prepare and implement
their decisions;

7.8.2 Whilst conscious that the free choice exercised by citizens in elections
is an opportunity for the latter to express their overall judgment of the work done by
elected representatives, considers that it would be desirable to establish exceptional
procedures for dismissal of territorial executives by the assemblies which appointed
them. These procedures, which should be used in very specific cases, would restore to
territorial assemblies political control over the local authority for which they have
responsibility;
7.9 With particular regard to regional democracy:

7.9.1 Welcomes the fact that citizens have shown appreciation for the
consolidation of a regional identity and that numerous important issues in French
society are decided at regional level;

7.9.2 Notes that in recent years there has been a trend to use regions in
response to the need to find solutions to problems arising at central level - particularly
through contractual arrangements - rather than in response to citizens' requests for an
administration that is closer to their needs;

7.9.3 Accordingly, considers that the regions, in the same way as the other
territorial authorities:

a) must not be considered merely as managers for policies decided by the

state;

b) should be involved much more closely in state decisions that concern

them, particularly with regard to questions of powers, finance and the
distribution of EU funds;

c) should be consulted about any project or decision concerning the future

organisation of the territory;

7.9.4 With particular reference to the Corsican regional authority, encourages

the government and parliamentary authorities to introduce a new status that will enable
Corsica to adapt public decisions taken at central government level to the specific
conditions of the island. With this in mind, and taking into consideration the solutions
adopted for other European islands, it would be appropriate to:

a) strengthen the recognition of the specific nature of the territorial

community concerned;

b) transfer substantial blocs of powers, particularly in the fields of regional

planning, identity, culture, language and education;

c) study the possibility of endowing the Corsican territorial assembly with

more important rule-making powers in the fields mentioned in
paragraph b), in line with its insular and cultural identity, and
strengthen its powers with regard to finance, without this engendering
debate on the basic prerogatives of the central authorities;
 7.10 With regard to the ratification of the European Charter of Local Self-
Government and other Council of Europe conventions in the field of local self-
government:

7.10.1 Regrets that France has not yet ratified the European Charter of Local
Self-Government10, despite having signed this text immediately after its adoption in
1985;

7.10.2 In this respect, wishes to emphasise that, in the eyes of French law
specialists and politicians themselves:

a) there is no constitutional obstacle to ratification of the convention;

b) the definition of the concept of "local self-government" contained in the
European Charter of Local Self-Government11 does not differ from the
concept of "free government" used in Articles 34 and 72 of the
Constitution;
c) the European Charter of Local Self-Government currently offers viable
solutions to some of the problems now posed by decentralisation in
France, and that its ratification would not entail any disruption to the
present system of territorial authorities;
d) French law is compatible with the majority of the Charter's principles:
indeed, certain provisions of French law sometimes afford even more
protection than those in the Charter or, since adoption of the
decentralisation laws, are in perfect harmony with it;

7.10.3 Welcomes the fact that France has ratified the European Outline
Convention on Transfrontier Co-operation between Territorial Communities or
Authorities and that it has signed the two additional protocols, which should now be
ratified;

10 See Appendix II.

11 Article 3.1: "the right and the ability of local authorities, within the limits of the law, to regulate and
manage a substantial share of public affairs under their own responsibility and in the interests of the local
population"
 7.10.4 Regrets that France has not yet ratified the European Charter on the
12
Participation of Foreigners in Public Life at Local Level , and therefore encourages
the French authorities to sign and ratify this convention, in order to benefit from a
European reference text with a view to the introduction of shared, innovative and
democratic solutions concerning the integration of immigrants into the country's
public life;

7.10.5 Notes that, despite the political willing displayed, France has not
ratified the European Charter for Regional or Minority Languages following an
opinion issued by the Conseil Constitutionnel.

12 See Appendix III.

 APPENDIX I

Personalities met by the CLRAE Delegation on the official visits

made with a view to preparing the report on local and regional democracy in France,
in chronological order of meetings (December 1999 - March 2000)

Mr Michel MERCIER, Rapporteur of the Senate Mission for Decentralisation, President of the
Regional Council of the Rhone

Mr Daniel HOEFFEL, Senator, First Vice-President of the Association of French Mayors

Mr Alain DELCAMP, Chair of the Group of Independent Experts on the European Charter of
Local Self-Government

Mr Jean-Claude FRECON, Rapporteur of the Association of French Mayors on Taxation and

Rural Communities

Mr CARREZ, Chair of the Finance Committee of the Association of French Mayors, Deputy
at the French National Assembly, Mayor of Perreux

Ms Marie-Claude SERRES COMBOURIEU, Association of French Mayors representative

responsible for Finance, Economic Development and Intermunicipal Co-operation

Mr Denis CASTAING, Association of French Mayors representative responsible for

International Relations

Mr Jean-Paul ALDUY, Mayor of Perpignan

Mr Jean DELANEAU, Chair of the Senate Social Affairs Committee, President of the
Regional Council of Indre et Loire

Mr Jean-Bernard AUBY, President of the French Association of Local Authorities Law

Ms Marie-Jos TULARD, Director of the Senate Department of Territorial Authorities

Mr Didier LALLEMENT, Director General of Local Authorities of the Ministry of the

Interior

Mr Michel PAPAUD, Director of the Private Office of the Director General of Local
Authorities of the Ministry of the Interior

Mr Denis PERRIN, Deputy to the Deputy-Director of Local Prerogatives and Institutions,

Ministry of the Interior

Mr Jean-Pierre FOURCADE, Mayor of Boulogne-Billancourt, Senator, Chair of the

Governmental Committee for Local Finances
Mr Grard LEMAIRE, Secretary General of the Association of French Regions

Mr Pierre MAUROY, Former Prime Minister, Senator, Mayor of Lille, Chair of the
Governmental Committee on Decentralisation

Mr Philippe LEROY, President of the Regional Council of Moselle and of the "Europe"
Committee of the Assembly of French Dpartements, Vice-President of the Region of
Lorraine, Mayor of Vic sur Seille

Mr Patrick WEITEN, Regional Councillor of the Dpartement of Moselle, Mayor of Yutz

Mr Jean WEBER, Mayor of Remilly

Mr Martial WLAZLAK, Head of the Private Office of Mr Leroy

Mr Jean PEPIN, President of the Regional Council of the Dpartement de l'Ain, Senator

Mr Franois PAOUR, (former) President of the French National Federation of Rural Mayors,
Mayor of Saint-Bernard

Mr Ren AMSELLEM, Mayor of Pressiat

Mr Jacques BOYON, Former Minister, Mayor of Pont-dAin

Mr Michel CARMINATI, Vice-President of the Regional Council of the Dpartement de

l'Ain, Mayor of Izernore

Ms Danielle COMTET, Mayor of Misrieux

Mr Robert MERIAUDEAU, Mayor of Bregnier-Cordon

Mr Nol RAVASSARD, Regional Councillor of the Rhne-Alpes Rgion, Mayor of

Chatillon-sur-Chalaronne

Mr Genevive RIGUTTO, Mayor of Chatillon-en-Michaille

Mr MONTANE, Civil Servant in the Administration of the Territorial Assembly of Corsica

Messrs ALBERTINI and PIETRI, representatives of the Corsican political group "Another
future", members of the Territorial Assembly of Corsica

Mr Toussaint LUCIANI, Corsican political group "Movement for Corsica", member of the
Territorial Assembly of Corsica

Mr Jos ROSSI, President of the Territorial Assembly of Corsica

Mr Jean-Franois BATTINI, Representative of the Territorial Assembly of Corsica

Mr VINCIGUERRA, member of the Territorial Assembly of Corsica

Mr Jean-Guy TALAMONI, President of the European Affairs Committee of the Territorial
Assembly of Corsica, representative of the political group "Corsica Nazione"

Mr Jean BAGGIONI, President of the Executive Council of Corsica

Mr Jos COLOMB ANI, Head of the Private Office of Mr Baggioni

Mr Jean-Pierre RAFFARIN, President of the Association of French Regions, President of the

Region of Poitou-Charentes

Mr Paul GIROD, Vice-President of the Senate, member of the Senate Mission on

Decentralisation, Regional Councillor of Aisne, Mayor of Droizy

Mr Adrien ZELLER, President of the Region of Alsace, Ex-Deputy, Co-President of the

Institute on Decentralisation

Mr Jean-Franois LEGARET, Deputy Mayor of the City of Paris

Mr Louis GRANIER, Secretary General of the Town Hall of Paris

Mme POLITIS, Responsible for International Relations, Secretariat of the Town Hall of Paris

Mr Franois LUCAS, Technical Advisor to Mr Jean-Pierre CHEVENEMENT, Minister of

the Interior

Professeur Michel VERPEAUX, University Panthon-Assas, Paris II

Professeur Jean-Bernard AUBY, President of the Association of Local Authorities Law

Professeur Grard MARCOU, Research group on local administration in Europe

Professeur Hugues PORTELLI, Co-President of the Institute on Decentralisation

Professeur Jean-Claude NEMERY, University of Reims, Champagne-Ardenne

Mr Jean-Louis GUIGOU, Director of Spatial Planning and Regional Action

Mr Jean PEYRONY, Representative, Spatial Planning and Regional Action

Mr Philippe VALLETOUX, Member of the Board of the Crdit Local de France

 APPENDIX II

European Treaty Series - No. 122

EUROPEAN CHARTER
OF LOCAL SELF-GOVERNMENT

Strasbourg, 15.X.1985
Preamble

The member States of the Council of Europe, signatory hereto,

Considering that the aim of the Council of Europe is to achieve a greater unity
between its members for the purpose of safeguarding and realising the ideals and principles
which are their common heritage;

Considering that one of the methods by which this aim is to be achieved is through
agreements in the administrative field;

Considering that the local authorities are one of the main foundations of any democratic
regime;

Considering that the right of citizens to participate in the conduct of public affairs is one
of the democratic principles that are shared by all member States of the Council of Europe;

Considering that it is at local level that this right can be most directly exercised;

Convinced that the existence of local authorities with real responsibilities can provide an
administration which is both effective and close to the citizen;

Aware that the safeguarding and reinforcement of local self-government in the different
European countries is an important contribution to the construction of a Europe based on the
principles of democracy and the decentralisation of power;

Asserting that this entails the existence of local authorities endowed with democratically
constituted decision-making bodies and possessing a wide degree of autonomy with regard to
their responsibilities, the ways and means by which those responsibilities are exercised and the
resources required for their fulfilment,

Have agreed as follows:

Article 1

The Parties undertake to consider themselves bound by the following articles in the
manner and to the extent prescribed in Article 12 of this Charter.

Part I

Article 2 - Constitutional and legal foundation for local self-government

The principle of local self-government shall be recognised in domestic legislation, and

where practicable in the constitution.
 Article 3 - Concept of local self-government

1. Local self-government denotes the right and the ability of local authorities, within the
limits of the law, to regulate and manage a substantial share of public affairs under their own
responsibility and in the interests of the local population.

2 This right shall be exercised by councils or assemblies composed of members freely

elected by secret ballot on the basis of direct, equal, universal suffrage, and which may possess
executive organs responsible to them. This provision shall in no way affect recourse to
assemblies of citizens, rfrendums or any other form of direct citizen participation where it is
permitted by statute.

Article 4 - Scope of local self-government

1 The basic powers and responsibilities of local authorities shall be prescribed by the
constitution or by statute. However, this provision shall not prevent the attribution to local
authorities of powers and responsibilities for specific purposes in accordance with the law.

2 Local authorities shall, within the limits of the law, have full discretion to exercise their
initiative with regard to any matter which is not excluded from their competence nor assigned to
any other authority.

3 Public responsibilities shall generally be exercised, in preference, by those authorities

which are closest to the citizen. Allocation of responsibility to another authority should weigh
up the extent and nature of the task and requirements of efficiency and economy.

4 Powers given to local authorities shall normally be full and exclusive. They may not be
undermined or limited by another, central or regional, authority except as provided for by the
law.

5 Where powers are delegated to them by a central or regional authority, local authorities
shall, insofar as possible, be allowed discretion in adapting their exercise to local conditions.

6 Local authorities shall be consulted, insofar as possible, in due time and in an

appropriate way in the planning and decision-making processes for all matters which concern
them directly.

Article 5 - Protection of local authority boundaries

Changes in local authority boundaries shall not be made without prior consultation of
the local communities concerned, possibly by means of a referendum where this is permitted by
statute.
 Article 6 - Appropriate administrative structures and resources for the tasks of
local authorities

1. Without prejudice to more general statutory provisions, local authorities shall be able to
determine their own internal administrative structures in order to adapt them to local needs and
ensure effective management.

2. The conditions of service of local government employees shall be such as to permit the
recruitment of high-quality staff on the basis of merit and competence; to this end adequate
training opportunities, remuneration and career prospects shall be provided.

Article 7 - Conditions under which responsibilities at local level are exercised

1. The conditions of office of local elected representatives shall provide for free exercise of
their functions.

2. They shall allow for appropriate financial compensation for expenses incurred in the
exercise of the office in question as well as, where appropriate, compensation for loss of
earnings or remuneration for work done and corresponding social welfare protection.

3. Any functions and activities which are deemed incompatible with the holding of local
elective office shall be determined by statute or fundamental legal principles.

1 Article 8 - Administrative supervision of local authorities' activities

1. Any administrative supervision of local authorities may only be exercised according to

such procedures and in such cases as are provided for by the constitution or by statute.

2. Any administrative supervision of the activities of the local authorities shall normally
aim only at ensuring compliance with the law and with constitutional principles. Administrative
supervision may however be exercised with regard to expediency by higher-level authorities in
respect of tasks the execution of which is delegated to local authorities.

3. Administrative supervision of local authorities shall be exercised in such a way as to

ensure that the intervention of the controlling authority is kept in proportion to the importance
of the interests which it is intended to protect.

Article 9 - Financial resources of local authorities

1. Local authorities shall be entitled, within national economic policy, to adequate financial
resources of their own, of which they may dispose freely within the framework of their powers.

2. Local authorities' financial resources shall be commensurate with the responsibilities

provided for by the constitution and the law.
3. Part at least of the financial resources of local authorities shall derive from local taxes
and charges of which, within the limits of statute, they have the power to determine the rate.

4. The financial systems on which resources available to local authorities are based shall
be of a sufficiently diversified and buoyant nature to enable them to keep pace as far as
practically possible with the real evolution of the cost of carrying out their tasks.

5. The protection of financially weaker local authorities calls for the institution of financial
equalisation procedures or equivalent measures which are designed to correct the effects of the
unequal distribution of potential sources of finance and of the financial burden they must
support. Such procedures or measures shall not diminish the discretion local authorities may
exercise within their own sphere of responsibility.

6. Local authorities shall be consulted, in an appropriate manner, on the way in which

redistributed resources are to be allocated to them.

7. As far as possible, grants to local authorities shall not be earmarked for the financing of
specific projects. The provision of grants shall not remove the basic freedom of local authorities
to exercise policy discretion within their own jurisdiction.

8. For the purpose of borrowing for capital investment, local authorities shall have access
to the national capital market within the limits of the law.

Article 10 - Local authorities' right to associate

1. Local authorities shall be entitled, in exercising their powers, to co-operate and, within
the framework of the law, to form consortia with other local authorities in order to carry out
tasks of common interest.

2. The entitlement of local authorities to belong to an association for the protection and
promotion of their common interests and to belong to an international association of local
authorities shall be recognised in each State.

3. Local authorities shall be entitled, under such conditions as may be provided for by the
law, to co-operate with their counterparts in other States.

Article 11 - Legal protection of local self-government

Local authorities shall have the right of recourse to a judicial remedy in order to secure
free exercise of their powers and respect for such principles of local self-government as are
enshrined in the constitution or domestic legislation.
Part II - Miscellaneous provisions

Article 12 - Undertakings

1. Each Party undertakes to consider itself bound by at least twenty paragraphs of Part I of
the Charter, at least ten of which shall be selected from among the following paragraphs:

Article 2,
Article 3, paragraphs 1 and 2,
Article 4, paragraphs 1, 2 and 4,
Article 5,
Article 7, paragraph 1,
Article 8, paragraph 2,
Article 9, paragraphs 1, 2 and 3,
Article 10, paragraph 1,
Article 11.

2. Each Contracting State, when depositing its instrument of ratification, acceptance or

approval, shall notify to the Secretary General of the Council of Europe of the
paragraphs selected in accordance with the provisions of paragraph 1 of this article.

3. Any Party may, at any later time, notify the Secretary General that it considers itself
bound by any paragraphs of this Charter which it has not already accepted under the terms of
paragraph 1 of this article. Such undertakings subsequently given shall be deemed to be an
integral part of the ratification, acceptance or approval of the Party so notifying, and shall have
the same effect as from the first day of the month following the expiration of a period of
three months after the date of the receipt of the notification by the Secretary General.

Article 13 - Authorities to which the Charter applies

The principles of local self-government contained in the present Charter apply to all the
categories of local authorities existing within the territory of the Party. However, each Party
may, when depositing its instrument of ratification, acceptance or approval, specify the
categories of local or regional authorities to which it intends to confine the scope of the Charter
or which it intends to exclude from its scope. It may also include further categories of local or
regional authorities within the scope of the Charter by subsequent notification to the Secretary
General of the Council of Europe.

Article 14 - Provision of information

Each Party shall forward to the Secretary General of the Council of Europe all relevant
information concerning legislative provisions and other measures taken by it for the purposes of
complying with the terms of this Charter.
Part III

Article 15 - Signature, ratification and entry into force

1. This Charter shall be open for signature by the member States of the Council of Europe.
It is subject to ratification, acceptance or approval. Instruments of ratification, acceptance or
approval shall be deposited with the Secretary General of the Council of Europe.

2. This Charter shall enter into force on the first day of the month following the expiration
of a period of three months after the date on which four member States of the Council of Europe
have expressed their consent to be bound by the Charter in accordance with the provisions of
the preceding paragraph.

3. In respect of any member State which subsequently expresses its consent to be bound by
it, the Charter shall enter into force on the first day of the month following the expiration of a
period of three months after the date of the deposit of the instrument of ratification, acceptance
or approval.

Article 16 - Territorial clause

1. Any State may, at the time of signature or when depositing its instrument of ratification,
acceptance, approval or accession, specify the territory or territories to which this Charter shall
apply.

2. Any State may at any later date, by a declaration addressed to the Secretary General of
the Council of Europe, extend the application of this Charter to any other territory specified in
the declaration. In respect of such territory the Charter shall enter into force on the first day of
the month following the expiration of a period of three months after the date of receipt of such
declaration by the Secretary General.

3. Any declaration made under the two preceding paragraphs may, in respect of any
territory specified in such declaration, be withdrawn by a notification addressed to the Secretary
General. The withdrawal shall become effective on the first day of the month following the
expiration of a period of six months after the date of receipt of such notification by the Secretary
General.

Article 17 - Denunciation

1. Any Party may denounce this Charter at any time after the expiration of a period of
five years from the date on which the Charter entered into force for it. Six months' notice shall
be given to the Secretary General of the Council of Europe. Such denunciation shall not affect
the validity of the Charter in respect of the other Parties provided that at all times there are not
less than four such Parties.
2. Any Party may, in accordance with the provisions set out in the preceding paragraph,
denounce any paragraph of Part I of the Charter accepted by it provided that the Party remains
bound by the number and type of paragraphs stipulated in Article 12, paragraph 1. Any Party
which, upon denouncing a paragraph, no longer meets the requirements of Article 12,
paragraph 1, shall be considered as also having denounced the Charter itself.

Article 18 - Notifications

The Secretary General of the Council of Europe shall notify the member States of the
Council of Europe of:

a. any signature;

b the deposit of any instrument of ratification, acceptance or approval;

c any date of entry into force of this Charter in accordance with Article 15;

d any notification received in application of the provisions of Article 12, paragraphs 2

and 3;

e any notification received in application of the provisions of Article 13;

f any other act, notification or communication relating to this Charter.

In witness whereof the undersigned, being duly authorised thereto, have signed this
Charter.

Done at Strasbourg, this 15th day of October 1985, in English and French, both texts
being equally authentic, in a single copy which shall be deposited in the archives of the Council
of Europe. The Secretary General of the Council of Europe shall transmit certified copies to
each member State of the Council of Europe.
 EUROPEAN CHARTER OF LOCAL SELF-GOVERNMENT
ETS n: 122
Treaty open for signature by the member States.
Status as of: 18/04/00
OPENING TO SIGNATURE:
Place: Strasbourg
Date: 15/10/85
ENTRY INTO FORCE:
Conditions: 4 Ratifications.
Date: 01/09/88
Member States of the Council of Europe:
Date of Date of Date of entry Note O
States R. D. A. T. C.
signature ratification into force s
Albania 27/05/98 04/04/00 01/08/00
Andorra
Austria 15/10/85 23/09/87 01/09/88 X
Belgium 15/10/85
Bulgaria 03/10/94 10/05/95 01/09/95 X
Croatia 11/10/97 11/10/97 01/02/98 X
Cyprus 08/10/86 16/05/88 01/09/88 X
Czech Republic 28/05/98 07/05/99 01/09/99 X
Denmark 15/10/85 03/02/88 01/09/88 X X
Estonia 04/11/93 16/12/94 01/04/95 X
Finland 14/06/90 03/06/91 01/10/91
France 15/10/85
Georgia
Germany 15/10/85 17/05/88 01/09/88 X X
Greece 15/10/85 06/09/89 01/01/90 X
Hungary 06/04/92 21/03/94 01/07/94 X
Iceland 20/11/85 25/03/91 01/07/91
Ireland 07/10/97
Italy 15/10/85 11/05/90 01/09/90 X
Latvia 05/12/96 05/12/96 01/04/97 X
Liechtenstein 15/10/85 11/05/88 01/09/88 X
Lithuania 27/11/96 22/06/99 01/10/99
Luxembourg 15/10/85 15/05/87 01/09/88
Malta 13/07/93 06/09/93 01/01/94 X
Moldova 02/05/96 02/10/97 01/02/98
Netherlands 07/01/88 20/03/91 01/07/91 X X
Norway 26/05/89 26/05/89 01/09/89
Poland 19/02/93 22/11/93 01/03/94
Portugal 15/10/85 18/12/90 01/04/91
Romania 04/10/94 28/01/98 01/05/98 X
Russia 28/02/96 05/05/98 01/09/98
San Marino
Slovakia 23/02/99 01/02/00 01/06/00 X
Slovenia 11/10/94 15/11/96 01/03/97 X
Spain 15/10/85 08/11/88 01/03/89 X X
Sweden 04/10/88 29/08/89 01/12/89 X
Switzerland
the former Yugoslav Republic of Macedonia 14/06/96 06/06/97 01/10/97
Turkey |21/11/88 |09/12/92 101/04/93 |X
Ukraine
United Kingdom
Non-member States of the Council of Europe:
06/11/96 11/09/97
03/06/97 24/04/98
01/01/98
jo 1/08/98_ ___
Date of Date of Date of entry
States Notes R. D A T r, n
signature ratification into force
International Organisations:
Date of Date of Date of entry
Organisations Notes R. D. A. T. C. O.
signature ratification into force
Notes:
(a) Accession - (s) Signature subject to ratification - (su) Succession - (r) Signature "ad referendum".
R.: Reservations - D.: Declarations - A.: Authorities - T.: Territorial Application - C.: Communication -
O.: Objection.
 APPENDIX III

CONVENTION ON THE PARTICIPATION OF FOREIGNERS IN PUBLIC LIFE AT LOCAL LEVEL

ETS n: 144
Treaty open for signature by the member States and for accession by non-member States
Status as of: 18/04/00
OPENING TO SIGNATURE:
Place: Strasbourg
Date: 05/02/92
ENTRY INTO FORCE:
Conditions: 4 Ratifications.
Date: 01/05/97
Member States of the Council of Europe:
Date of Date of Date of entry Note O
States R. D. A. T. C.
signature ratification into force s
Albania
Andorra
Austria
Belgium
Bulgaria
Croatia
Cyprus 15/11/96
Czech Republic
Denmark 05/02/92
Estonia
Finland 26/08/97
France
Georgia
Germany
Greece
Hungary
Iceland
Ireland
Italy 05/02/92 26/05/94 01/05/97 X
Latvia
Liechtenstein
Lithuania
Luxembourg
Malta
Moldova
Netherlands 30/11/94 28/01/97 01/05/97 X X
Norway 09/08/93 09/08/93 01/05/97 X
Poland
Portugal
Romania
Russia
San Marino
Slovakia
Slovenia
Spain
Sweden 05/02/92 12/02/93 01/05/97
 Switzerland
the former Yugoslav Republic of Macedonia
|Turkey
|Ukraine
United Kingdom 05/02/92
Non-member States of the Council of Europe:
Date of Date of Date of entry
States Notes R. D A T r, n
signature ratification into force
International Organisations:
Date of Date of Date of entry
Organisations Notes R. D. A. T. C. O.
signature ratification into force
Notes:
(a) Accession - (s) Signature subject to ratification - (su) Succession - (r) Signature "ad referendum".
R.: Reservations - D.: Declarations - A.: Authorities - T.: Territorial Application - C.: Communication -
O.: Objection.
 RECOMMENDATION 79 (2000)13
ON
THE FINANCIAL RESOURCES OF LOCAL AUTHORITIES IN RELATION TO
THEIR RESPONSIBILITIES: A LITMUS TEST FOR SUBSIDIARITY

based on the 4th general report on political monitoring of the implementation of the
European Charter of Local Self-Government

(Application of Article 3, paragraph 1, Article 4, paragraphs 1-5 and Article 9 of the

Charter)

The Congress,

Bearing in mind the proposal of the Chamber of Local Authorities,

1. Noting that the European Charter of Local Self-Government is the only international
treaty designed to protect the rights of local authorities in Europe and that, to date, 34 Council
of Europe member states have signed and ratified it, three member states have signed but not
ratified it and four others have yet to sign it14;

2. Recalling the agreement of the Committee of Ministers and the explanatory report on
the Charter, on the basis of which the Congress has, since 1994, been responsible for political
monitoring of the Charters implementation, through an ad hoc working group assisted by a
group of independent experts;

3. Having thus examined the legal foundations of local self-government and the
conditions in which it operates in states which have merely signed the Charter, and
emphasising that the examination procedure functions as a political incentive rather than as a
system of legal penalties and aims to respect the wide variety of models and practices
concerning local self-government in the various European states and does not seek to
standardise them (accordingly, the procedure takes account of each states individual
characteristics and allows for a progressive interpretation of the Charters provisions);

4. Considering that these activities, owing perhaps to their combined political and legal
nature, are a powerful political means of encouraging recognition of the fundamental
principles of local democracy by the Council of Europes member states;

5. Convinced that this system for monitoring implementation of the Charter is therefore a
particularly suitable compromise solution for ensuring compliance with an international treaty
dealing with the internal organisation of individual states (under the system, monitoring of the
Charters implementation is carried out at European level by local elected representatives,
who themselves are ultimately the real beneficiaries of the Charters provisions);

13 Debated and approved by the Chamber of Local Authorities on 23 May 2000 and adopted by the
Standing Committee on 25 May 2000 (see doc. CPL (7) 3, draft Recommendation, presented by
Mr J.C. FRECON, Rapporteur).
14 The chart of signatures and ratifications of the Charter is set out in Appendix II to this
recommendation.
6. Recalling that the above-mentioned working group performs its duties in two ways:

a) drawing up general reports on the implementation of different articles of the Charter

(ex officio monitoring);

b) examining direct complaints from local authorities alleging that their own state
authorities have failed to comply with the Charters provisions (monitoring on
request);

7. Welcoming the continuity and seriousness of the working groups activities, as a result
of which the procedures to ensure compliance with the Charter are becoming increasingly
institutionalised within the Congress (in this connection, it should also be recognised that the
difficulties encountered during these procedures are merely the price to be paid for the in-
depth, highly objective approach adopted by the working group since the pragmatic, gradual
introduction of the process for political monitoring of the Charters implementation);

8. Recalling that on the basis of this process, the Congress has, since 1994, adopted three
resolutions and three recommendations15 concerning compliance with a large number of
articles of the Charter; these texts, based on three reports and the preliminary version of a
fourth report, have been drawn up over a five-year period by the working group, assisted by
the group of independent experts working on its behalf;

9. Further to the examination of the fourth report on The financial resources o f local
authorities in relation to their responsibilities: a litmus test fo r subsidiarity", which
represents the culmination of a new stage of the ex officio procedure for monitoring
implementation of the Charter;

10. Noting that this fourth monitoring report is also based on the conclusions of an
international conference held by the working group in Ancona (Italy) from 14 to 16 October
1999 on the theme The Council o f Europe Charters o f Local and Regional Self-Government:
Subsidiarity in action, responsibilities andfinances o f local and regional authorities" ;

11. Expresses its profound concern at the inadequate implementation of Article 9 of the
Charter, concerning the financial resources of local authorities, and in particular:

a) at the trend towards fewer local authorities' "own" resources in a large number of
Council of Europe member States;

b) that these authorities resources are in many cases not commensurate with the
responsibilities assigned or delegated to them by the legislator or other authorities;

12. Invites the member states and the Committee of Ministers to take account of the
considerations set out in appendix I when taking decisions concerning local authorities and, in
particular, the question of these authorities resources in relation to their responsibilities;

15 Resolutions 3 (1994), 34 (1996) and 71 (1998) and Recommendations 2 (1994), 20 (1996) and
39 (1998)
13. Invites the Committee of Ministers to instruct the Steering Committee on Local and
Regional Democracy (CDLR), together with the CLRAE, to hold an international conference
on the subject in order to promote frank, constructive dialogue between representatives of the
relevant authorities in the Council of Europes member states.

14. Having adopted a highly favourable opinion [12(1999)] on the draft World Charter of
Local Self-Government, prepared as part of the activities of the United Nations Commission
on Human Settlements (UNCHS), invites the 41 member States of the Council of Europe and
also the Committee of Ministers, in its capacity as a regional representative of these states at
international level, to support this draft text and to inform the United Nations bodies
concerned by adoption of the above-mentioned Charter of their support.
 APPENDIX I

I. Responsibilities of local authorities:

a) One of the main prerequisites for the implementation of the principle of subsidiarity is
compliance with Article 3, paragraph 1 of the European Charter of Local Self-Government,
which concerns the establishment of local authorities with the ability, within the limits o f the
law, to regulate and manage a substantial share o f public affairs under their own
responsibility and in the interest o f the local population (the concept of local self-
government).

b) This ability can only exist if local authorities are granted the right to exercise their
own responsibilities in the fields that most directly concern their inhabitants.

This right must be implemented by assigning these authorities a minimum number of

basic responsibilities enshrined in law or, better still, in the Constitution.

It would be appropriate for sectoral legislation to clarify, for each particular field, the
precise extent of the responsibilities of central government and those of each relevant level of
local government, so as to avoid putting into question the autonomy which has already been
recognised by the Constitution and the laws of principle.

c) A general responsibility clause recognised by law or, better still, in the Constitution
should complement this legislative framework by giving local authorities the right to act in all
fields that are not excluded from their remit or assigned to a different authority.

d) Laws laving down the general conditions for the existence and functioning of local
authorities should also include provisions on the principles governing local authorities
responsibilities. This would immediately encourage citizens to regard local self-government
not merely as a matter of administrative procedure but rather as something with a very
tangible impact on particularly important aspects of their everyday lives. Such laws should
list the suggested responsibilities of local authorities, with information on content and
application being set out in other, more specific laws.

e) Care must be taken to avoid assigning too many responsibilities to local authorities
without adequate financial provision. Central government departments must not devolve
responsibilities for the sole purpose of offloading the financial burden they represent. An
ongoing effort must therefore be made to find the right balance, ensuring that local self-
government means real freedom of choice and the ability to gear services to the specific needs
of the citizen. By the same token, decentralising too many responsibilities by delegating
could result in local elected representatives merely implementing national policy.
Furthermore, it is clear that the greater the responsibilities, the more they will accentuate the
question of the uniform distribution of services throughout the country, and the more
justification there will be for central government intervention to adjust the local authorities
room for manoeuvre and balance out their resources.
II. Financial resources of local authorities:

a) In order to exercise their responsibilities, in the context of national economic policy,

local authorities need adequate financial resources of their own, of which they may dispose
freely in exercising their responsibilities and which are commensurate with the latter.

In this connection, the Congresss fourth report on political monitoring of the

implementation of the Charter highlighted the following shortcomings:

i. the limited proportion of revenue raised by genuine local taxation for which local
authorities can set the rates: local authorities can boast a proportion of own resources equal to
or greater than 50% of their total financial resources in only 8 Council of Europe member
states;

ii. the trend towards fewer exclusive or joint local taxes and the tendency of central or
regional authorities to replace these by transferred resources or shared taxation revenue,
which, although they are not transfers as such, cannot be independently decided by the
authorities receiving them;

iii. the predominant role now played by transfers as opposed to own resources, which, in
some countries, is exacerbated by the major role played by earmarked as opposed to general
grants;

iv. the relative lack of productivity of the taxes which local authorities are entitled to levy
(land and property taxes continue to predominate, while taxes on economic activity are
constantly being reduced in the name of free competition);

v. a certain degree of confusion between the functions of funding local budgets,

compensating for transferred responsibilities and ensuring financial equalisation;

vi. the lack, in some countries, of established criteria governing the methods and
objectives of financial equalisation, and the discretionary powers enjoyed by some central or
regional authorities in this area;

vii. the instability and precariousness of the sources of local authority funding, together
with the relatively limited use of capital raising by local authorities and the opportunity this
gives to central government to continue exercising some form of supervision;

viii. the monitoring of local authorities budgets by central or regional authorities,

sometimes disguising prior supervision of the expediency of local authority decisions, in
breach of the Charter;
ix. the consequences of national economic problems for local self-government,
particularly in those countries obliged to adhere to the constraints imposed by implementation
of the Maastricht Treaty (in European Union member and applicant states, the need for a
rigorous budgetary policy is often reflected in greater overall financial stringency, which also
affects local authorities and may be used as a reason for removing their independence or lead
to accusations that decentralisation itself is the cause of the increasing public deficit; this
problem also exists in certain central and east European countries because the International
Monetary Fund is advising greater centralisation of public funds);

x. the shortcomings of the procedures for joint funding (central/local authorities) of

public works projects.

b) Bearing these points in mind (the Congress has already incorporated them into
Resolution 71 (1998)), it seems important to clarify a number of concepts.

i. The term own resources refers to financial resources deriving from independent
decisions taken by local authorities, of which they may dispose freely and, in the case of
taxation, vary the rates depending on their needs and the extent to which the members of their
local communities are prepared to accept the tax burden.
This type of resource must be allocated to local authorities by means of a formal legal
instrument, if possible a law or the Constitution, which can in any event be revoked only by
another instrument of equal legal force.

ii. Local authorities must derive a substantial proportion of their resources from their
own taxation revenue and from charges, the rates of which they must be free to set.
Local authorities ability to levy their own taxes is a requirement for their independence and a
symbol of self-government, which the representative bodies are empowered to exercise as a
result of their election by the citizens. In setting local taxes, local elected representatives are
making a commitment to their citizens. This commitment is a way of making the
representatives accountable in terms of the provision of services to the citizens. If, on the
other hand, local authorities finances come from other sources rather than directly from the
citizens, their elected representatives can more easily shirk their responsibility for making
sound use of these resources. Moreover, the availability of local authorities own tax revenue
provides their representatives with a degree of security, enabling them to forecast the level of
resources available in the long term.

iii. Exclusive taxes are closest to the ideal type of resource. They include taxes allocated
as of right to the category to which the authority in question belongs, ie taxes which this
authority alone is entitled to levy.
Exclusive taxes are the clearest sign of self-government by local authorities.

iv. Shared taxes, which are entirely levied by other authorities, cannot be included in the
local authorities own taxation category. Such resources are more like transfers than actual
taxes.
Local authorities can influence neither the base nor the rate of shared taxes. However, unlike
transfers, these resources are very stable (provided that assignment criteria are defined by the
Constitution or by law) and may at least have some connection with policies being pursued by
local authorities.

v. Taxes levied using a base shared with other authorities, but whose rate may be varied
by local authorities, come under the category of joint taxes. Although they are not
exclusive taxes, they may, unlike shared taxes, be regarded as being directly available to local
authorities.

vi. Local authorities must have the right to vary the rates of the taxes they levy.
Accordingly, there can be no real self-government unless local authorities can set their own
tax rates, within the limits of the law and, where appropriate, within a pre-established bracket.
It is important for local elected representatives to have this faculty for exercising their
responsibility vis--vis their fellow citizens, otherwise the very concept of local self-
government as the prime forum for the exercise of democracy would be in jeopardy.

vii. The right to vary the amount levied is what distinguishes own resources from
transfers, the amount of which is, by definition, decided piecemeal by an authority other than
the local authority.
Transfers must not be allowed to restrict local self-government. Overall transfers, ie amounts
not earmarked for specific activities, are therefore to be preferred wherever possible.

viii. Nor must the proportion of transfers earmarked for financial equalisation be such as to
restrict local self-government.

Financial equalisation must not dissuade wealthier local authorities from making
additional tax-raising efforts on the ground that the proceeds would only be used for transfers
to other authorities. Similarly, equalisation must not discourage the poorer local authorities
from making maximum use of their fiscal capacity.

Financial equalisation must be implemented at all levels, ie vertically between states

(or federations), regions (or federate entities) and local authorities, and horizontally among
the various local authorities. Horizontal equalisation must remain at a reasonable level.

Clear, stable equalisation criteria must be set, preferably following consultation with
local authority representatives. These criteria should be established by law and should at no
stage be modified unilaterally or without prior consultation with the local authorities
concerned.
III. Necessary equivalence between responsibilities and financial resources

a) The 4th monitoring report showed that, broadly speaking, most European local
authorities do not have sufficient financial resources in relation to the responsibilities they
carry out.

b) The financial problems faced by many of these authorities stem from a series of
processes culminating in the transfer of obligations without adequate financial
compensation16.

In other cases, the central authorities may urge local authorities to contribute towards
17
expenditure outside the scope of any general legislative measure .
This leaves the local authorities merely implementing national policy and unable to
18
discharge their own responsibilities .

These problems are aggravated by the fact that the relevant legislation in the member
states does not clearly lay down the principle of equivalence between obligations and
resources. The application of this principle is thus left to the goodwill of parliaments in the
lottery of annual budgets.

c) Before any proposal is made concerning the need to maintain a balance between
resources and obligations, it would seem necessary to restate the reasons why management
which is close to the citizen is financially preferable, in principle, to centralised management:
decisions are more suited to the specific context and accordingly there is greater supervision
of expenditure. Supervision is likely to be more effective if a significant proportion of the
resources depends on decisions taken by the elected local authorities themselves. It is
therefore in everyones interests if more own resources are decentralised.

d) With regard to possible solutions to these problems, without excluding the compilation
of comprehensive tables comparing the precise cost of the responsibilities discharged and the
level of potential resources, it would seem preferable to encourage governments to develop
systems under which any reassignment of responsibilities is sufficiently transparent to allow
local authorities and their representatives to monitor the process properly and establish that a
transfer of responsibility will indeed be matched by an equivalent financial transfer.

16 For example, some states assign particularly costly areas of responsibility to local authorities, such as
care for the elderly, assistance for young people and day nurseries. These transfers are logical because of their
nature, but pose a considerable financial threat, on account of population growth and increasing cases of
financial dependency or insecurity.

17 This applies to contractual procedures aimed at installing specific amenities or accentuating the
development of public activity in a specific sector. It amounts to blackmailing local authorities.

18 See, for example, the report on the situation of local finances in the Federal Republic of Germany,
Recommendation 64 (1999).
e) These systems should be based on a legal principle enshrined in law or the
Constitution. This principle, which we might call the principle of concomitant financing,
should proclaim that in order to maintain a balance between responsibilities and the requisite
resources for exercising them, each new transfer of responsibility should be clearly
accompanied by a corresponding means of funding, regardless of whether this entails the
transfer of a new tax resource, the provision of a new transfer resource, the allocation of new
staffing or the assignment of material facilities.

f) Moreover, clearer and more systematic efforts should be made to pinpoint the
responsibilities assigned by law to the different tiers of authority, and to encourage a genuine
culture of monitoring the balance between transfers of responsibilities and transfers of
resources.

g) In practice, the proposed solutions to these problems rely heavily on the vigilance of
the local authorities themselves and their associations, and on their involvement in decision
making that concerns them. Among the possible proposals, it would no doubt be useful to set
up joint central/local authority committees to evaluate the current balance between resources
and obligations19. If the decentralisation of new taxes is not feasible, local authorities should
negotiate financial stability pacts with the central authorities to ensure that the level of local
resources remains relatively stable. Governments could also be encouraged to consider the
optimum level of apportionment of responsibilities between the central and local authorities.

h) On a more technical level, the need for a balance between responsibilities and
resources suggests that equalisation systems should be set up on the initiative of central
governments, enabling each authority, whatever its size or wealth, to carry out the
responsibilities allocated to the category of authority to which it belongs.

i) It would in no way be contrary to the principle of subsidiarity if, in order to cater for
the wide variety of situations, local authorities were encouraged to make their own choices
regarding the extent of the responsibilities which they were prepared to carry out (eg in
relation to their population).

19 This measure was also proposed in Congress Recommendation 64 (1999) on the situation of local
finances in Germany.
j) Lastly, regarding the evaluation of the amounts concerned, generally speaking, and
ideally, the solution should be for the central government to transfer to local authorities the
equivalent amount it would have spent itself in discharging a particular responsibility.
However, experience has clearly shown that if local authorities, which are generally closer to
the needs of their populations, have the appropriate technical resources and competent staff at
their disposal, they may do a better job of managing the sectors assigned to them, in a manner
more in keeping with the needs of the citizen, than the central authorities. It is therefore
important that transferred resources should be open-ended (as is the case with taxes) or may
be re-assessed.

k) The Charter does not specify what procedures should be established for involvement
in decision-making, but such involvement is nevertheless a key factor in the institutional
organisation of the various states.
 APPENDIX II

EUROPEAN CHARTER OF LOCAL SELF-GOVERNMENT

ETS n: 122
Treaty open for signature by the member States.
Status as of: 18/04/00
OPENING TO SIGNATURE:
Place: Strasbourg
Date: 15/10/85
ENTRY INTO FORCE:
Conditions: 4 Ratifications.
Date: 01/09/88
Member States of the Council of Europe:
Date of Date of Date of entry Note O
States R. D. A. T. C.
signature ratification into force s
Albania 27/05/98 04/04/00 01/08/00
Andorra
Austria 15/10/85 23/09/87 01/09/88 X
Belgium 15/10/85
Bulgaria 03/10/94 10/05/95 01/09/95 X
Croatia 11/10/97 11/10/97 01/02/98 X
Cyprus 08/10/86 16/05/88 01/09/88 X
Czech Republic 28/05/98 07/05/99 01/09/99 X
Denmark 15/10/85 03/02/88 01/09/88 X X
Estonia 04/11/93 16/12/94 01/04/95 X
Finland 14/06/90 03/06/91 01/10/91
France 15/10/85
Georgia
Germany 15/10/85 17/05/88 01/09/88 X X
Greece 15/10/85 06/09/89 01/01/90 X
Hungary 06/04/92 21/03/94 01/07/94 X
Iceland 20/11/85 25/03/91 01/07/91
Ireland 07/10/97
Italy 15/10/85 11/05/90 01/09/90 X
Latvia 05/12/96 05/12/96 01/04/97 X
Liechtenstein 15/10/85 11/05/88 01/09/88 X
Lithuania 27/11/96 22/06/99 01/10/99
Luxembourg 15/10/85 15/05/87 01/09/88
Malta 13/07/93 06/09/93 01/01/94 X
Moldova 02/05/96 02/10/97 01/02/98
Netherlands 07/01/88 20/03/91 01/07/91 X X
Norway 26/05/89 26/05/89 01/09/89
Poland 19/02/93 22/11/93 01/03/94
Portugal 15/10/85 18/12/90 01/04/91
Romania 04/10/94 28/01/98 01/05/98 X
Russia 28/02/96 05/05/98 01/09/98
San Marino
Slovakia 23/02/99 01/02/00 01/06/00 X
Slovenia 11/10/94 15/11/96 01/03/97 X
Spain 15/10/85 08/11/88 01/03/89 X X
 Sweden |04/10/88 |29/08/89 |01/12/89 I*
|Switzerland | | |
the former Yugoslav Republic of Macedonia 14/06/96 06/06/97 01/10/97
[Turkey 21/11/88 09/12/92 01/04/93 |x
Ukraine 06/11/96 11/09/97 01/01/98
United Kingdom 03/06/97 24/04/98 01/08/98 X
Non-member States of the Council of Europe:
Date of Date of Date of entry
States Notes R. D A T r, n
signature ratification into force
International Organisations:
Date of Date of Date of entry
Organisations Notes R. D. A. T. C. O.
signature ratification into force
Notes:
(a) Accession - (s) Signature subject to ratification - (su) Succession - (r) Signature "ad referendum".
R.: Reservations - D.: Declarations - A.: Authorities - T.: Territorial Application - C.: Communication -
O.: Objection.
 RECOMMENDATION 80 (2000)20
ON
CRIME AND URBAN INSECURITY IN EUROPE:
THE ROLE OF LOCAL AUTHORITIES

The Congress,

Bearing in mind the proposal of the Chamber of Local Authorities,

1. Bearing in mind Resolution 99 (2000) on Crime and Urban Insecurity in Europe: the
Role and Responsibilities of Local Authorities;

ASKS NATIONAL AUTHORITIES PARTICULARLY TO:

2. Take into account the proposals contained therein, when formulating national policies for
crime reduction and prevention;

3. Accept that local authorities have a key role to play in crime prevention and reduction
and accordingly strengthen local government responsibilities and resources allocated to local
authorities to this effect;

4. Promote, in countries where they are deemed the best solution, the development of
municipal police, with clear legislative responsibilities and adequate resources to function in a
practical manner, in the belief that they have an important role to play in crime prevention;

5. Develop social, economic and employability programmes which are designed to give
people, particularly younger people, genuine career prospects and a clear stake in society;

6. Reinforce trans-border cooperation on crime prevention and crime control between local
and regional authorities, particularly removing the legal and administrative obstacles which
prevent local, regional, and police authorities from coping effectively with trans-border crime;

7. Promote the establishment of bi- or multinational treaties which enable local and
regional authorities and the police to combine their efforts and to make agreements on trans-
border crime prevention and/or prosecution;

20 Debated and approved by the Chamber of Local Authorities on 24 May 2000 and adopted by the
Standing Committee of the Congress on 25 May 2000 (see document CPL (7) 6, draft Recommendation,
presented by Mr K Whitmore on behalf of Mr J Mans, Rapporteur).
ASKS THE PARLIAMENTARY ASSEMBLY OF THE COUNCIL OF EUROPE TO:

8. Continue to support and promote the establishment of a European Bureau or

observatory for crime reduction;

9. Prepare a report on crime reduction policies in member countries and organise a

debate on the subject;

10. Develop activities concerning urban policies as part of its future work programme.

ASKS THE COMMITTEE OF MINISTERS T O -

11. Recognise that it has a major role in defining and helping to conduct policies for crime
prevention, reduction and control in Europe; and accordingly strengthen the resources allocated
to this question;

12. Encourage member countries who have not yet done so to sign and ratify existing
Conventions and other international instruments on crime reduction and combating crime;

13. Ensure that crime reduction is not used by national authorities as a reason or pretext for
suspending respect of existing international agreements on human rights and freedom of
movement;

14. Encourage the establishment of municipal police in member countries and to this effect,
ask the relevant intergovernmental structures to carry out work on this subject with a view to the
formulation of legislative and policy proposals in this context;

15. Recognise the significant role played by relevant non-governmental organisations and
accordingly strengthen cooperation with them;

ASKS THE EUROPEAN UNION TO:-

16. Consider in a positive manner the recent proposals contained in the Opinion of the
Committee of Regions including, for example, the establishment of a European Centre for
Crime Prevention;

17. Ensure that in the process of enlargement, the strengthening of policies and resources for
crime prevention and control is accorded a high priority in applicant and, indeed, existing
member countries.
 RECOMMENDATION 81 (2000)21
ON
THE SITUATION OF LOCAL DEMOCRACY IN ESTONIA

The Congress,

Bearing in mind the proposal of the Chamber of Local Authorities:

1. Having noted the report prepared by Mr Masters following his visits to Estonia from 7
to 10 February and from 9 to 10 March 2000 in the company of a consultant and a member of
the Secretariat;

2. Thanks the authorities of Estonia, at all levels, for welcoming its delegation, for their
very kind, friendly and cooperative reception;

3. Pays tribute to the important progress made by Estonia since 1991 in every field of the
country public life and in particular to the legislation and practice of local government which
provide appropriate frameworks for local democracy;

4. Notes, however, that at certain points, some changes would be advisable to improve
the democratic participation and the capacity of local administration approaching the current
practice to the standards of European Charter of Local Self-Government;

5. Also notes that the entire local government system is now under discussion and is
facing a far-reaching change and believes that there is an excellent opportunity for Estonia to
correct its shortcomings that have emerged during the last ten years and to raise the standards
and quality of the system;

Notes in particular that:

6. The local government system has only one-tier in Estonia (247 municipalities) and
that the country is divided into 15 counties headed by county governors appointed by the
government of the Republic;

7. The representative body of the local government is elected only for a three-year-term;

8. The legal status of the City of Tallinn, which has 420.000 inhabitants (out of
1.445.000 for Estonia) and provides more than 50 % of the national GDP, is on the political
agenda;

21 Debated and approved by the Chamber of Local Authorities on 24 May 2000 and adopted by the
Standing Committee of the Congress on 25 May 2000 (see doc. CPL (7) 7, draft Recommendation, presented by
Mr O. Masters, Rapporteur).
9. The size and number of local authorities and counties are currently widely discussed
and that the basic direction of the change is to reduce the number of municipalities mainly
through voluntary amalgamation;

10. There is a movement of transfer of functions from county government to the county
associations of local authorities and that there are proposals on the establishment of directly or
indirectly elected county self-government;

11. Local authorities are at the moment incapable to collect and administer local taxes and
that there is no appropriate citizens register for this purpose;

12. About half of the total local revenues come from the personal income tax from which
local governments receive 56 %; the amount of central grants (about 25 % of the total local
revenues) is calculated on an automatic formula which preserves the differences in the
financial resources of municipalities;

13. Rural municipalities have no municipal assets and the financial situation of small local
authorities is the question of the hour;

14. Estonia has good cross-border connections, particularly with Finland and other Baltic
countries and there is a day-by-day cross- border traffic and co-operation between the border
areas of Estonia and the Russian Federation. Estonia and Russia have reached an agreement
on their common state borders and the signature and ratification of this agreement are still
pending;

15. Aliens have the right to vote in local elections and, according to the law, candidates in
local elections should have Estonian proficiency; in certain areas of the country, the municipal
council can work in the language of the majority;

Considers that:

16. The reform of the territorial organisation of the Republic should not only focus on
local authorities but also include the central government counties;

17. Larger local authorities would have the capacity of providing public services of higher
level;

18. The transfer of functions and tasks from the county government to the county
associations of local authorities should be encouraged;

19. The current system of local government finance is unfair for certain geographical
areas and for rural municipalities in general and the central subsidies system is unable to
correct conveniently the present unbalances;

20. The lack of a general and accepted register of tax-payers together with the obligation
to declare ones place of residence, significantly hampers the assessment of the true personal
income tax revenues in local authorities;
21. The involvement of local authorities in regional policy formation could be improved;

22. The territorial co-operation of local authorities located within the same county has real
importance;
Recommends therefore that parliamentary, governmental and other competent
authorities o f Estonia, in restructuring the local government take into account the following
recommendations, suggestions and considerations:

With regard to administrative division

23. Having regard to the restructuring of the administrative division, local authorities, local
government associations concerned must be consulted prior to the final decision-making in
accordance with Article 4, paragraph 6 of the European Charter of Local Self-Government. The
concerned inhabitants should also be involved in the process of change in local authority
boundaries, possibly by means of local referendum of plebiscite;

24. It is necessary to encourage the voluntary mergers of small municipalities by financial

incentives taking into account the opinions of the municipalities and the inhabitants concerned;

25. Establishing larger local government units with greater financial and administrative
capacities, the interests of effectiveness and efficiency should be reconciled with the principle
of subsidiarity as it is expressed in Article 4 paragraph 3 of the Charter. The alternatives for the
new administrative division must respect the virtual role of the attraction centres as well as the
citizens' access to public services as easily as possible;

26. As part of the modification of the Local Government Organisation Act, the legislature
and the central government should consider giving special legal status for the City of Tallinn
recognising the capital's importance in the country. In doing so, the current distribution of tasks
and functions between Tallinn and the relevant county government could also be reviewed;

With regard to redistribution of functions

27. The present tendency of transferring functions from the county government to county
associations of local authorities has to be supported, because the associations embody the
interests of the municipalities. Estonian parliamentary and government authorities should
consider the reestablishment of the county self-government on the basis of the strengthening
county assemblies;

28. Larger local authorities would be more capable of providing public services of higher
level. Other ways of public service management, like establishing joint institutions of
municipalities or widening the contracting-out practices could result in ensuring citizens have
the right to choose service producer;
 With regard to financial issues

29. Estonian authorities should change their legislation and practice so that, in the future,
local authorities may have, at their disposal a greater proportion of financial resources of their
own, in particular having greater capacity to raise revenues from local taxes. Pursuant to the
Charter, Part at least of the financial resources of local authorities shall derive from local taxes
and charges of which, within the limits of the statute, they have the power to determine the rate
(Article 9, paragraph 3);
30. Local authorities should be able to impose personal income tax being empowered to
determine its rate. For this purpose, the conditions of a more effective local taxation should be
ensured, mainly by reducing the administrative costs of tax collection (e.g. by means of
contracts with state tax boards to collect them) and by establishing a local citizens' register. In
order to enhance the revenue basis of local authorities, new types of local taxes could be
introduced or the current forms could be transformed (e.g. introducing property tax from land
tax);

31. Referring to Article 9 paragraph 5 of the Charter, Estonian authorities should consider
the introduction of a more specialised financial equalisation system which would be able to take
into account the special circumstances and conditions of the individual local authorities. The
current automatism of calculating the amount of the so-called state subsidy (block grant,
actually) does not seem to be sensitive enough for local authorities, particularly the rural
municipalities in detrimental situations;

With regard to central-local government relations and local government

associations

32. The national associations of local authorities should strengthen their ability for common
and coordinated actions in particular for representing uniform interests in the negotiations with
central government. They could consider the possibility of the unification;

33. As for regional policy and development, the democratic participation of local authorities
and involvement of local interests in the decision-making process seem to be unsolved. After
being admitted into the European Union, the reception and reallocation of EU-grants will raise
this issue. There are various procedures in Europe which ensure the representation of local
government interests in regional policy formation from the corporative regional bodies to the
directly elected regional self-governments. These considerations should not be eliminated from
the current discussions;
 With regard to transfrontier co-operation and the situation of Russian minority 22

34. Estonia should sign and ratify the European Outline Convention on Transfrontier Co
operation between Territorial Communities or Authorities as soon as possible. The formation
of the necessary legal basis of transfrontier co-operation with Russia (agreements on border,
on transfrontier co-operation between local and regional authorities, on rules of mutual visits
of the population of the border regions) should be taken into consideration;

35. The stipulation of the Local Government Council Election Act requiring Estonian
proficiency from candidates in local elections should be reconsidered before the next
elections, including the possibility of providing information to the Public in other languages
during an election;

36. The legislative and government authorities should examine the ways and possibilities
to protect languages of local minorities including the right to use a mother language at local
government council sessions as well where it is possible (e.g. where the Russian speakers are
in majority);

Other issues

37. The present three-year-term of the representatives' mandate could be reconsidered.

This period - taking into account the political nature of the council membership - does not
seem to be enough to realise political promises and programmes, which might cause certain
short term initiatives, which could result in a long-term in inefficiency.

22 According to the official data, Estonia's ethnic distribution is as follows:

Estonians 65.1% Byelorussians 1.5%
Russians 28.2% Finns 0.9%
Ukrainians 2.6% others 1.7%
 RECOMMENDATION 82 (2000)23
ON
THE SITUATION OF LOCAL DEMOCRACY IN
THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA

The Congress,

Bearing in mind the proposal of the Chamber of Local Authorities;

1. Bearing in mind the decision taken on 2 November 1998 by the Bureau of the
Congress to invite Jean-Claude Frcon, France, to prepare a report on the state of local
24
democracy in the former Yugoslav Republic of Macedonia , further to his report on the
case of the imprisoned mayors of Tetovo and Gostivar25;

2. Recalling Resolution 31 (1996) on monitoring of the honouring of commitments

entered into by member states and Macedonias ratification in 1997, without reservations, of
the European Charter of Local Self-Government;

3. Recalling the monitoring report of the Parliamentary Assembly, and in particular

paragraphs 91 to 98, and Recommendation 1453 (2000) and Resolution 1213 (2000) (in
particular paragraphs 13.viii and 13.ix) adopted on 5 April 2000;

4. Considering the work carried out in the joint meetings of the working groups on the
situation of local democracy in member states and rgionalisation in Europe;

5. Wishing to express its gratitude to the Macedonian government, in particular the

Ministry of Justice, the Ministry of Local Self-Government, the Ministry of Finance, the
Association of Local Self-Government Units (ZELS) and local elected representatives for
their input to the report on the state of local democracy;

6. Thanking, in addition, the delegation of the European Union and the Phare
Programme, the OSCE Mission, Mr Vladimir Ristovski, Director of the Council of Europes
Information and Documentation Centre in Skopje and Ms Mirjana Lozanoska, Delegate of the
Ohrid Local Democracy Agency for their fruitful co-operation;

7. Stressing that the former Yugoslav Republic of Macedonia became independent

only recently and that it has a multiethnic population;

8. Recalling the difficult geopolitical situation in Macedonia in the political context of

south-east Europe weakened by the Kosovo conflict;

23 Debated and approved by the Chamber of Local Authorities on 24 May 2000 and adopted by the
Standing Committee of the Congress on 25 May 2000, (see doc. CPL (7) 8, draft Recommendation, presented by
Mr O. Masters, Rapporteur).
24 The title Macedonia is later used descriptively for the convenience of the reader and without
prejudice to the Congresss position on the question of the name of the country.
25 Document CG/BUR (5) 75.
9. Recognising the considerable efforts exerted by this country to accept 360,000
refugees in 1999 and to further the peaceful co-existence of its communities;

10. Stressing in particular the major role of the local authorities in the day-to-day
management of the reception of these refugees;

11. Fully aware that any government would have been put in a difficutl position to
manage the economic, social, legislative and community problems in the country;

12. Acknowledging the major efforts of the Macedonian government, particularly the
Ministries of Justice and Local Self-Government, to embark upon a series of reforms,
including with regard to public administration;

13. Welcoming the setting up of a Ministry of Local Self-Government in December 1998,

the drafting of an Action Plan followed by a Strategy for the reform of the local self-
government system in Macedonia, adopted in November 1999;

14. Noting, however, that the various ministries do not always work in a co-ordinated
manner, which could hamper the reform process;

15. Welcoming Macedonias ratification, without reservations, of the European Charter of

Local Self-Government on 6 June 1997, but regretting the fact that it has not yet been
appropriately implemented;

16. Recalling the 1996 structural reform which increased the number of municipalities
from 34 to 124 without however providing the new municipalities with adequate resources
with which to operate. Furthermore, the transfers from the former municipalities to the new
municipalities were not made as ideally they should have been;

17. Recalling the difficult relations with its neighbours when the country first came into
existence, and noting with satisfaction the significant improvement in relations with the
majority of these neighbouring countries, in particular through the development of
transfrontier co-operation and the Macedonian governments intention to sign the European
Outline Convention on Transfrontier Co-operation between Territorial Communities or
Authorities and its protocols;

18. Regretting the numerous impasses in Macedonian society deriving in part from its
extreme bi-polarisation, aggravated by the almost total absence of a permanent and
professional public service;

19. Stressing that all constituent elements of the country - government, associations of
local authorities, local elected representatives, political parties, civil society - must work
together to overcome these obstacles and embark upon a genuine process of modernisation;

20. Noting that the former Yugoslav Republic of Macedonia has embarked upon a
difficult process of transition towards a market economy entailing the introduction of value-
added tax which is encountering numerous difficulties;
21. Stressing the priority placed, prior to 1990, on self-management of the local
administrative units and citizen participation in the management of local affairs;

22. Noting that while the 1995 Local Self-Government Act assigned 32 powers to local
authorities and can be regarded as conforming to the European Charter of Local Self-
Government, it has been implemented only partially and local authorities have, in practice,
been deprived of a large proportion of their attributions. This would also appear to be in
contradiction with Article 112 of the Constitution and, as such, incompatible with the
commitments entered into by the former Yugoslav Republic of Macedonia upon accession
to the European Charter of Local Self-Government;

23. Notes, from Jean-Claude Frcons report, that local authorities enjoy in practice
neither local self-government nor financial autonomy;

24. Proposes that a substantial proportion of attributions be transferred to Macedonian

local authorities, accompanied by a proportionate transfer of financial resources, in a way
which offers firm guarantees of the impartiality and transparency of procedures;

25. Takes note of the transmission of a preliminary draft law on local self-government and
a preliminary draft law on local finances, as forwarded recently by the Ministry of Local Self-
Government, and welcomes the spirit of reform existing within this Ministry, whilst at the
same time reserving judgement on the content of these draft laws.

W it h r e g a r d t o t h e a t t r ib u t io n s o f l o c a l a u t h o r it ie s

26. Regretting the fact that local authorities have only minor competences of limited scope
and are unable to manage a substantial share of local affairs within the meaning of Article 3 of
the European Charter of Local Self-Government;

27. Convinced that a large part of the powers exercised by central government should be
transferred to local authorities and managed in accordance with the principle of subsidiarity,
that these transfers should in particular relate to the fields of action assigned to municipalities
by the Constitution; that the powers given to local authorities should, in principle, be full and
exclusive as stated in Article 4.4 of the European Charter of Local Self-Government;

28. Believing that the principle of devolution could also encourage the government to
delegate certain powers to municipalities;

29. Recalling the necessity to engage in a clear division of powers between the various
decision-making levels, including between Skopje City Council and the seven municipalities
which constitute the city;

30. Stressing the need to provide an appropriate legal framework offering guarantees of
impartiality and transparency;
31. Recalling the difficulties encountered in the administration of the municipalities of
Tetovo and Gostivar following the application of Section 75 of the Local Self-Government
Act concerning the dissolution, under certain circumstances, of municipal councils;
32. Recommends that the Macedonian authorities:

transfer a substantial proportion of powers to local authorities concerning, in

particular, the following fields:

urban planning and development, including the designation of new

development areas;
cultural, sports and recreational activities at local level, together with the
corresponding amenities and infrastructure;
social action and social assistance, in particular with regard to public health,
the protection of children, single women and the elderly (crches, nurseries,
community clinics, retirement homes, etc);
primary and pre-school education;
local public services (public areas, water, sanitation, refuse, etc);
local infrastructures (roads of local importance, etc);
in general, initiative and local development.

amend Section 75 of the Local Self-Government Act in order to limit its scope and
application.

W i t h r e g a r d t o l o c a l l in a n c e s

33. Notes that the budget for local authorities currently represents only 1% of public
expenditure in Macedonia;

34. Considering that the capping of local authority budgets (receipts and expenditure) via
an annual law is contrary to the exercise of financial autonomy within the meaning of Article
9 of the European Charter of Local Self-Government;

35. Believing that the redistribution of surplus receipts collected in local authorities in
excess of the maximum amount laid down is not based on objective criteria;

36. Bearing in mind the public expenditure limitation constraints imposed by international
financial organisations;

37. Noting with concern that the tax authorities do not appear able to recover a reasonable
proportion of taxes and dues (occasionally only 20%);

38. Stressing, nevertheless, that the transfer of resources and staff assigned to the
attributions currently carried out by central government does not entail an increase in public
expenditure but a different allocation of resources between central government and local
authorities;
39. Believing that the planned very modest increase in central government resources
allocated to local authorities does not in any way correspond to the needs of local authorities
and will not lead to genuine devolution which is nevertheless a feature of the Strategy adopted
in November 1999 by the Minister for Local Self-Government;

40. Considering the fragmentation and lack of transparency in the budgets of local
authorities, which do not include the operational profits of public corporations, grants
awarded from various special funds and the gathering of certain local taxes (property/services
tax);

41. Recommends that the Macedonian authorities, in accordance with the principles of the
European Charter of Local Self-Government:

a) abolish the application of a ceiling to local authorities receipts;

b) transfer budgetary resources commensurate with the transfer of attributions;
c) set up a joint control authority (central government/local authorities) to define the
criteria for the redistribution of central government resources;
d) manage public expenditure by involving local authorities in the process while
preserving the principle of state regulation of the national economy, for example by
setting up a consultation body between central government and local authorities;
e) introduce a system of financial equalisation by, for example, redistributing a
percentage of the value-added tax in accordance with a limited number of criteria,
including the number of inhabitants;
f) ensure that local authorities are provided with a significant proportion of public
resources so that local self-government can be genuinely implemented;
g) ensure, accordingly, that local authorities will have available their own resources
(taxes and duties) under the new Local Finances Act;
h) introduce a system ensuring that local authorities can operate in conditions
commensurate with sustainable economic development;
i) regroup municipal budgets and the accounts of public corporations to ensure greater
transparency in local public expenditure;
j) clarify relations between municipalities and public corporations, and/or deliberate on
the desirability of privatising certain services;
k) introduce a more efficient system of tax collection.

42. Notes with satisfaction that the preliminary draft law forwarded by the Ministry of
Local Self-Government envisages redistributing a percentage of receipts from value-added tax
to the municipalities, as recommended by the Rapporteur, without however fixing the
percentage level.

W it h r e g a r d t o t r a n s f r o n t ie r c o -o p e r a t io n

43. Recalling that the development of transfrontier co-operation presupposes that local
authorities have attributions at domestic level and the resources with which to exercise them;
44. Congratulating the Macedonian government for its efforts to develop transfrontier co
operation with Albania, Bulgaria and Greece, with the participation of local authorities, as
witnessed by the joint declaration adopted at the trilateral summit of the Foreign Ministers of
the countries concerned in Korea on 8 March 2000;

45. Invites the Macedonian government to sign and ratify the European Outline
Convention on Transfrontier Co-operation between Territorial Communities or Authorities
and its protocols;

46. Recommends that the Macedonian authorities, in consultation with the authorities in
its neighbouring countries, take all appropriate steps to facilitate border crossings and visa
acquisition, particularly for the inhabitants of border regions, for example by issuing a border
residents card or multiple-entry visas.

W it h r e g a r d t o t h e t e r r it o r ia l s t r u c t u r e s in M a c e d o n ia

47. Noting that the law on territorial structures will not be adopted before the municipal
elections scheduled for November 2000 and that it will be difficult to abolish thereafter
municipalities whose mayors will have only just been elected;

48. Noting that several categories of municipalities have been set up de facto (chief
municipalities which emerged from the former 34 municipalities, newly created
municipalities, new municipalities assuming greater powers when they are able to do so);

49. Drawing attention to the need to stabilise the countrys administrative structure and
the potential inherent risks in the adoption of further reform to territorial structures;

50. Aware, nevertheless, of the dysfunctions resulting from the creation of new
municipalities having very inadequate financial, human and logistic resources;

51. Having been informed of interpretation issues raised by local elected representatives
with regard to the compatibility of promoting inter-municipal co-operation (Section 10.2 and
10.3 of the 1995 Local Self-Government Act) and the existence of an association of local
authorities (Section 10.5);

52. Recalling Article 10 of the European Charter of Local Self-Government recognising

the right of municipalities to form consortia in order to carry out tasks of common interest;

53. Sharing the desire of the Macedonian authorities to maintain the unity and integrity of
the country and not to encourage the process of disintegration, which would not be the case
for inter-municipal co-operation projects, and recalling that it would be advisable to make it
possible for new associations of local authorities to be set up - in the spirit of Article 10 of the
European Charter of Local Self-Government - on bases other than ethnic, if necessary by
amending the law;
54. Invites the Macedonian authorities to interpret Section 10 of the Local Self-
Government Act so as to confirm the possibility of creating inter-municipal structures (eg
inter-municipal consortia aimed at providing specific services to citizens) and to verify its
conformity with the spirit of the European Charter of Local Self-Government to ensure that it
authorises the creation of other associations of local authorities and the setting up of inter
municipal co-operation bodies, or failing that to amend the Act on this point;

55. Recommends that the Macedonian authorities encourage inter-municipal co-operation

in order to provide citizens with better services and to improve the effectiveness of municipal
administration, if need be by financial incentives;

56. Suggests that the Macedonian authorities provide for the voluntary merger of
municipalities which prove not to be viable, and encourage the grouping together of
neighbouring municipalities which would like to organise their public services jointly or
envisage the setting up of urban districts around certain municipalities, particularly the
former municipalities;

57. Considering with interest the existence of neighbourhood communities whose status
and prerogatives are regulated by Chapter XII of the 1995 Local Self-Government Act which,
within the local authority, have a council of elected representatives and promote participatory
democracy and citizen participation in the management of local affairs;

58. Recalling that Article 3 of the European Charter of Local Self-Government defines
local self-government as the right and the ability of local authorities, within the limits of the
law, to regulate and manage a substantial share of public affairs under their own responsibility
and in the interests of the local population;

59. Recommends that the Macedonian authorities, in accordance with the principles of the
European Charter of Local Self-Government:

a) encourage the work of neighbourhood communities and the development of

participatory democracy at sub-municipal level, by implementing the provisions
stipulated in the Act currently in force;

b) ensure that the privatisation process provides local authorities with real estate
corresponding to their own needs and enabling them to influence the development of
town planning and the economy; in particular, there is a need to amend the system of
central government authorisation and approval concerning the adoption of town
planning schemes insofar as such a system runs counter to Article 8 of the Charter
with regard to the administrative supervision of local authorities acts.
 W it h r e g a r d t o l o c a l e l e c t e d r e p r e s e n t a t iv e s a n d l o c a l a u t h o r it y

STAFF

60. Stressing that any transfer of powers must be accompanied by a transfer of financial
resources and qualified staff, in accordance with Article 6.2 of the European Charter of Local
Self-Government; in particular, the staff attached to the regional offices of the government
could be reassigned to the local authorities.

61. Recommend that the Macedonian authorities

a) draw up conditions of service for the staff of local authorities complying with Article 6
of the Charter, guaranteeing the existence of a neutral, stable and competent municipal
staff;

b) amend Section 54 of the Local Self-Government Act and abolish the spoils-system-
based method of recruitment;

c) set up a training facility for local authority managers and local elected representatives;
d) draw up a statute for local elected representatives ensuring, in particular, in accordance
with Article 7 of the European Charter of Local Self-Government, protection for
elected representatives in the exercise of their duties and setting out levels of
remuneration and emoluments in an allowances table, having regard to the size of the
municipality and the responsibilities assumed by the elected representatives.

W it h r e g a r d t o c iv il s o c ie t y

62. Noting that the media can usefully contribute to creating a climate conducive to the
reform process and that they should play this role to the full;

63. Welcoming the initiatives taken by the Ohrid Local Democracy Agency since 1997 to
promote and develop local democracy and inter-community dialogue, thanks in particular to
the contribution of the Council of Europes Confidence-Building Measures programme, while
deploring this agencys lack of financial resources;

64. Believes that the Association of Local Self-Government Units should become a
genuine speaking-partner of the government, submit working proposals and defend the
interests of local authorities, irrespective of the political beliefs or ethnic origin of the local
elected representatives;

65. Encourages the Ministry of Local Self-Government to build on its action by initiating
an appropriate communication policy and a policy of dialogue with the Association of Local
Self-Government Units and with citizens;

66. Noting with regret that there are no women among the 124 mayors in Macedonia,
thereby making it very difficult to apply Article 2.2 of the Charter of the Congress;

67. Recommends that the Macedonian authorities encourage the participation of women in
the municipal elections through appropriate measures;
68. Invites the Macedonian authorities and representatives of civil society to pursue their
efforts to strengthen social cohesion and inter-community dialogue.

69. Reasserting the urgent need for reform in the field of local self-government for the
smooth running of the municipalities and the exercise of local self-government by elected
representatives;

70. Recommends that the Macedonian authorities continue to co-operate with the Council
of Europe and to forward draft laws of local self-government, local finances and territorial
structures, so that these texts can be examined to ensure conformity with the European
Charter of Local Self-Government;

71. Invites the Committee of Ministers to take account of these recommendations in

assessing the honouring of commitments entered into by Macedonia and to support
financially, in particular through the Stability Pact, the Congress, the Local Democracy
Agency and the AD ACS programme, the efforts of the Macedonian government and elected
representatives to implement the principles of the European Charter of Local Self-
Government and recommends in particular that the Committee of Ministers support the
setting up of a training centre for local authority staff, in the context of the Stability Pact or a
joint programme with the European Union.
 RECOMMENDATION 83 (2000)26
ON
EVALUATION OF REGIONALISATION IN CENTRAL EUROPE
AND ESPECIALLY IN POLAND

The Congress,

Bearing in mind the proposal of the Chamber of Regions,

1. Having regard to the report on the evaluation of rgionalisation in Central Europe, and
especially in Poland and its conclusions, presented by Mr Leon Kieres, Vice-President;

2. Considering Recommendation 65 (1999) on the current state of, and prospects for,
rgionalisation in Europe and the Recommendation 34 (1999) of the Congress and
Recommendation 1349 (1997) of the Parliamentary Assembly on the draft European Charter
of Regional Self-Government and their impact on territorial reform projects in the member
countries;

3. Welcoming the progress made in countries of Central Europe in the field of

rgionalisation and in advancing with the necessary administrative reforms;

4. Underlining again the political and economic benefits of decentralisation, devolution

and of delegating decisions making power to the regional level which facilitates the direct
political participation of citizens and their strong engagement in favour of the development of
the living conditions in their community;

5. Taking into consideration the political, economic and organisational problems as well
as the social and human aspects resulting from deep administrative reforms when creating
regional structures and the necessity to train at short notice a qualified administrative
manpower being motivated and convinced of the objectives to reach;

6. Underlining the need for an exchange of experiences in this field between the
countries which have already a certain experience in this field and those starting work on
administrative and territorial reforms;

7. Recommends to Governments of member countries:

a. To recognise the political, economic, social and cultural advantages of decentralised

democratic structures for the development of the whole country and to consider
rgionalisation as a measure to prevent conflicts and to encourage the expression of
minorities values and their integration into the structures of the civil society;

26 Debated and approved by the Chamber of Regions on 23 May 2000 and adopted by the Standing
Committee of the Congress on 25 May 2000 (see doc CPR (7) 3, draft Recommendation, presented by Mr L.
Kieres, Rapporteur).
b. To create a mechanism for the exchange of information between countries having
made the same experiences with administrative and territorial reforms with a view to
facilitate the transfer of this knowledge for avoiding evident problems and obstacles
during the phases of preparation and implementation of the concept and the
appropriate legislation in countries with reform projects;

c. To recognise the positive effects which can have rgionalisation on the development
of the economy at national as well as at regional level and to consider therefore the
creation of regions as an important step for adapting the economic and political
structures to the needs resulting from European integration and globalisation;

d. To attach in the preparatory work for establishing regions the priority to the
clarification of the division of competencies between the different tiers and to the
means and systems planned for the redistribution of budgetary resources and financial
transfers;

e. To assure that in the preparatory phase of rgionalisation, the political and

administrative actors co-operate with those of the civil society, independent experts
and specialised institutes for the elaboration of a conceptual framework for
decentralisation to reach a consensus being as large as possible;

f. To examine and monitor the preliminary results during the different phases of a
territorial reform and to transmit them to the responsible political and administrative
actors as well as those of the civil society with the view to create their positive
engagement to bring together their interests and to promote a dialogue for co-operation
and the co-ordination of actions;

g. To take into consideration the fact that the development of qualified human resources
is a main key for the success of any administrative reform creating regional structures;
for this reason, training of new personnel for public administration should start as soon
as the preparation of reforms begins;

8. Recommends to the Committee of Ministers

a. To invite CDLR to study the experiences made in member countries and especially in
those of central Europe with administrative and territorial reforms creating territorial
communities or authorities at different levels and to launch a comprehensive study on
the basis of the report presented by Mr Kieres to CLRAE with the objective to analyse
the difficulties and the obstacles which State authorities have to overcome when
preparing and implementing territorial reforms and to show means to eliminate or
avoid them.
 RECOMMENDATION 84 (2000)27
ON
REGIONAL DEMOCRACY IN MOLDOVA

The Congress,

Having before it a proposal from the Chamber of Regions,

1. Recalling:

a) its Recommendation (38) 1998 on the situation of local and regional self-government
in the Republic of Moldova, in which it formulated a number of comments addressed
to the Moldovan parliamentary and governmental authorities;

b) its Resolution (59) 1998, in which it decided to continue monitoring the development
of local and regional democracy in Moldova with a view to producing a final report;

2. Having taken note of the results of the official visits to Moldova by the rapporteurs of
the relevant working groups for the purpose of implementing the above-mentioned decision;

3. Having regard to the report prepared by Mr Nicolae Radu (Romania, R), Rapporteur
on regional democracy in Moldova, as examined by the Chamber of Regions;

4. Having taken note of the opinion prepared by Professor Philippe De Bruycker,

consultant, on the legislation mentioned below;

5. Commends the Moldovan Parliament for responding positively to its recommendation

to pass the bill prepared by the government on the country's new organisation of local and
regional authorities; in this connection, it is pleased that in November 1998 the Parliament
enacted:

a) a law on the organisation of local and regional authorities enabling nine new regions
(judets) to be established;

b) a law on local government (also concerning the regional level);

6. Welcomes the passage by the Moldovan Parliament of other legislation on local

financing, local property and the status of regional elected representatives which also refer to
the regional level;

27 Debated and approved by the Chamber of Regions on 23 May 2000 and adopted by the Standing
Committee on 25 May 2000 (see doc CPR (7) 4, draft Recommendation, presented by Mr N. RADU,
Rapporteur).
7. Concerning Gagauzia, is of the opinion that its special autonomy should be reflected
not only in laws and regulations but also in practice, in conformity with the proposals
contained in paragraph 15.e of this recommendation;

8. Is pleased that the discussions concerning the former district (raion) of Taraklyia have
been concluded with the creation of a new region in addition to the nine others created by the
law on the organisation of local and regional authorities; that is a clear sign of the Moldovan
authorities' determination to respect the rights of national minorities and testifies to their
efforts to develop pluralist democracy at regional level;

9. Welcomes the fact that, following the creation of the ten regions, Moldovan citizens
were able to choose directly the representatives of these new regional administrative entities
in democratic elections;

10. Thanks the Moldovan central authorities for inviting it to observe these elections,
including those concerning Gagauzia and Taraklyia;

11. Is pleased that in July 1999, following its recommendations, the representatives of the
new regions and Gagauzia created an association representing their interests (Association for
Regional Development through Local Self-Government);

12. Considers that the creation of this association constitutes an important element in
promoting co-operation between these regions and their representation in dealings with the
central authorities;

13. Is convinced that a settlement of the conflict between the Moldovan authorities and
the authorities of Transdniestria must remain a national priority in the context of preparations
for Moldova's greater European integration;

14. Recalls that it is prepared, if the Moldovan authorities so wish, to lend assistance, in
conjunction with the Venice Commission, in defining a special autonomous status for
Transdniestria;

15. Concerning the establishment and development of regional democracy in the country,
considers it necessary to make the following comments and recommendations to the
Moldovan governmental and parliamentary authorities:

a) The setting up of self-governing structures on a regional basis constitutes a very

important contribution to resolving the problems of integrating the peripheral regions
in the social, political and economic life of the country. From this point of view, the
creation of new regions must be welcomed as a first step in this direction;

b) It must also be pointed out that the rgionalisation process can create the necessary
foundation for the economic development of the entire country, which continues to be
one of the Moldovan authorities' priorities;
It is urgently necessary to put into place a specific and distinct legal framework for the
recently created regions as well as the city of Chisinau, which have been experiencing
problems and have needs that very often differ from those of local municipalities in
the strict sense (towns and villages);

The law on local government may be said to be on the right track, because it covers a
large number of questions that concern regional self-government. However, it needs
to be improved upon in order to:

i. clarify the relationship between the local authorities and the new regions; from
this point of view, there is reason to doubt the appropriateness of giving the
regions general powers for co-ordinating municipal activities,
ii. spell out the status of prefects whose functions - despite the fact that the law
states that there is no relationship of subordination between the prefects and
local government bodies - do not seem to be well accepted by the recently
created regional authorities,
iii. increase the number of meetings of regional councils during the year: four
meetings do not seem to be sufficient,
iv. define the links between the adoption of the regional budget and the adoption
of the national budget,
v. provide for civil and criminal liability for regional authorities as legal entities
alongside the direct personal liability contemplated for elected representatives;

Finds that the implementation of legislation on local government and the organisation
of local and regional authorities pose particular problems with regard to Gagauzia and
its special status. In this context, it wishes to formulate the following comments and
recomm endati ons :

i. it is not desirable for Gagauzia to be considered, by law or interpretation, to be

a second tier of regional government in the same way as the other nine regions
and the city of Cisinau, despite its special status recognised by the Constitution
(see the Venice Commissions opinion in this regard),
ii. the institution of a prefect in Gagauzia does not seem to be in keeping with the
autonomy granted to this entity; this comment also flows from the status of the
Governor of Gagauzia (Bashkan) who, as ex officio member of the
government, represents it in the region in which he was elected,
iii. conflicts might arise in the future between the prefect and the Gagauzia
authorities that jeopardise the balance achieved after long and difficult
negotiations between the central authorities and the Gagauzia authorities,
iv. the law on the special status of Gagauzia can only be amended by a special
majority; accordingly, it is part of the corpus of constitutional law, and its
provisions take precedence over other Moldovan laws in keeping with the
hierarchy of legal rules (principle of lex superior),
 v. from a political and legal point of view, it would be necessary for the
Moldovan Parliament to confirm the special autonomy of Gagauzia and specify
once and for all the institutional nature of this autonomy and the powers of the
elected bodies in Gagauzia under the Moldovan legal system. On this basis
alone will it be possible to interpret and amend the legislative provisions
concerned, which now seem to be in conflict. The Congress is prepared to
participate with the Venice Commission in the efforts of the working group
established by the Moldovan authorities for this purpose;

f) From a general point of view, recommends that the new legislative and administrative
machinery for regional self-government be improved and revised to take account of
the above-mentioned problems;

g) On this basis, the requisite measures should be taken to implement this legal
framework so that the regional authorities can:

i. govern their regions within the limits of the autonomy recognised by law and
the Constitution, in particular as concerns reconciling financial resources and
powers,
ii. establish far-reaching relations with authorities in other European countries and
become involved in associations representing them at international level.
 RECOMMENDATION 85 (2000)28
ON
DEMOCRATIC STABILITY THROUGH TRANSFRONTIER
CO-OPERATION IN EUROPE

The Congress,

Bearing in mind the proposal of the Chamber of Regions,

1. Having taken note of the report by Mr Coifan (Chamber of Regions), presenting the
results of the 7th European Conference of Border Regions, which took place from 28 to 30
October 1999;

2. Noting with satisfaction the positive development of transfrontier co-operation since

the 6th Conference, held in Ljubljana (Slovenia) in 1995, and in particular

the entry into force in December 1998 of the Additional Protocol to the European
Outline Convention on Transfrontier Co-operation between Territorial Communities
or Authorities;

the adoption in 1998 of Protocol No. 2 to the European Outline Convention on

Transfrontier Co-operation between Territorial Communities or Authorities on inter
territorial co-operation;

the recognition of the transfrontier co-operation dimension in the draft European

Charter of Regional Self-Government drawn up by the Congress of Local and
Regional Authorities of Europe, which it wishes to see adopted quickly by the
Committee of Ministers of the Council of Europe, and the work currently in progress
on the adoption of the European Charter of Mountain Regions;

3. Reaffirming the fundamental importance of transfrontier co-operation for the

European construction process and for establishing a climate of confidence through tolerance,
mutual understanding, solidarity and good-neighbourly relations between the inhabitants of
different countries, particularly in border regions which are home to minorities;

4. Noting, however, that there are still legal and administrative obstacles to the
movement of persons and goods and the development of transfrontier co-operation, especially
in areas where dividing lines exist which are not internationally recognised;

28 Debated and approved by the Chamber of Regions on 24 May 2000 and adopted by the Standing
Committee of the Congress on 25 May 2000 (see doc CPR (7) 6, Recommendation, presented by Mr V. Coifan,
Rapporteur).
5. Stressing the crucial role of the Council of Europe in promoting transfrontier co
operation at pan-European level through its fundamental objectives of democracy, respect for
human rights and local and regional self-government, through its technical and legal activities
and its European conferences on transfrontier co-operation organised on a regular basis by the
Parliamentary Assembly and the Congress of Local and Regional Authorities of Europe;

6. Reaffirming, in particular, the experience acquired by the Congress of Local and

Regional Authorities of Europe in this field, especially with regard to the expert assistance to
be given to local and regional authorities in setting up permanent transfrontier co-operation
arrangements, of which full use ought to be made in implementing the intergovernmental
programme of activities;

7. Welcoming the co-operation between the Congress of Local and Regional Authorities
of Europe and the Parliamentary Assembly, demonstrated by the joint organisation of the 7th
Conference of Border Regions;

8. Welcoming the recent enlargement of the Council of Europe's intergovernmental

programme of activities with regard to the promotion of inter-territorial co-operation in
Europe;

9. Noting with interest the activities carried on by the Committee of Advisers of the
Council of Europe since 1995 to promote transfrontier co-operation in central and east
European countries and its contribution to intergovernmental co-operation;

10. Considering the crucial role of transfrontier co-operation in promoting and

strengthening local and regional democracy and implementing the devolution of powers and
the principle of subsidiarity;

11. Recalling the assistance and advice provided by the Association of European Border
Regions (AEBR) and the Assembly of European Regions (AER) in promoting transfrontier
co-operation, particularly in central and east European regions;

12. Stressing the vital role of European Union programmes (Phare, Tacis, Interreg and
MED) in supporting inter-regional and transnational transfrontier projects;

13. Considering that transfrontier and inter-territorial co-operation is an important element

of the Stability Pact for South-Eastern Europe since, according to the Heads of State and
Government of the Council of Europe at the Vienna Summit in 1993, the creation of a tolerant
and prosperous Europe also requires transfrontier co-operation between local and regional
authorities;
I Decides to endorse the considerations and recommendations of the Final
Declaration unanimously adopted on 30 October 1999 and set out in the appendix

II Recommends national authorities

14. to take account in their administrative policies and measures of the Recommendations
set out in the Final Declaration of the 7th Conference;

15. to supplement European legal provisions with improvements in domestic law

governing transfrontier co-operation and conclude bilateral and multilateral agreements at
local, regional and national level;

16. to sign and/or ratify the European Outline Convention on Transfrontier Co-operation
between Territorial Communities or Authorities and its protocols, and the European Charter
for Regional or Minority Languages;

17. to develop vertical and horizontal partnerships between national, regional and local
authorities in order to establish a concerted strategy for the development of transfrontier co
operation, in accordance with the principle of subsidiarity;

18. to involve in particular representatives of national authorities in institutions and

activities concerning transfrontier co-operation between the regions of central and eastern
Europe as well as in the activities of the Commonwealth of Independent States so as to take
account of local and national legal systems;

19. to eliminate the legal and administrative obstacles which still hamper the general
development of transfrontier co-operation, particularly with regard to visas, and ratify the
1957 European Agreement on Regulations governing the Movement of Persons between
member states of the Council of Europe;

20. to set up new border crossing points in Greater Europe, in view of the increase in
socio-economic transfrontier activities, and provide national, local and regional authorities
responsible for transfrontier co-operation with the necessary staff to cope with growing needs;

21. to pay special attention in their regional development plans to the problems of border
regions and give them priority in the distribution of funds and investments concerning
infrastructure and socio-cultural and commercial amenities;

22. to encourage devolution and provide local and regional authorities with effective
powers that they can exercise at transfrontier level, in accordance with the principle of
subsidiarity and the provisions contained in the Additional Protocols to the Outline
Convention;

23. to promote the teaching of the languages of neighbouring countries/regions, using

appropriate financial resources;
24. to promote transfrontier co-operation as a means of furthering economic development
and setting up networks of small and medium-sized businesses, chambers of commerce and
industry, universities, non-governmental organisations and representatives of civil society;

25. to encourage the setting up of transfrontier working structures through the funding of
training programmes for local elected representatives and administrators and exchanges of
experts;

26. to encourage regular meetings of the representatives of transfrontier co-operation in

the field of legislative and legal co-operation, particularly in central and eastern Europe;

27. to encourage and facilitate the establishment of Euroregions, particularly in central

and eastern Europe, drawing on European experience in setting up networks and working
arrangements to promote good-neighbourly relations;

28. to take account of the problem of transfrontier co-operation within towns and cities
divided by national borders, and give them specific support and attention to overcome the
obstacles to the mobility of citizens living in what was traditionally a single urban unit;

III Recommends the Committee of Ministers of the Council of Europe

29. to promote co-operation activities in European frontier areas beset by serious

problems and, in this connection, devote particular attention to the Caucasian countries and
the South-East European countries;

30. to invite the European Conference of Ministers responsible for Regional Planning to
give greater priority to transfrontier co-operation in the guiding principles which will be
submitted at their next session scheduled for September 2000 in Hanover, and take account of
the impact of transfrontier co-operation on the implementation of a transfrontier policy for
regional/spatial planning and sustainable development to help create joint sectoral projects, in
particular with regard to transport and infrastructure, transfrontier employment catchment
areas, joint strategies for tourism, cultural development, education and the conservation of
natural and cultural heritage;

31. to instruct the Secretary General to enter into negotiations, as part of the Stability Pact,
with a view to preparing a multilateral agreement between the countries of South-East Europe
on transfrontier and inter-territorial co-operation between local and regional authorities, since
transfrontier co-operation in South-East Europe should be dealt with in a multilateral
framework involving the countries which make up that part of Europe;

32. to ask the Select Committee of Experts on Transfrontier Co-operation (LR-R-CT) to

take stock of progress in implementing the European Outline Convention on Transfrontier
Co-operation between Territorial Communities or Authorities, twenty years after its adoption,
and to organise a conference on the findings;
33. to step up the transfrontier co-operation activities of the intergovernmental programme
and ensure that the aspects of transfrontier co-operation are incorporated into all areas of the
intergovernmental programme, thus guaranteeing its promotion at different levels and in
different sectors;

34. to support transfrontier projects designed to promote and strengthen tolerance,

solidarity, confidence, mutual understanding and good-neighbourly relations through its
Confidence-Building Measures Programme or by supporting the Local Democracy Agencies;

35. to promote, by using the tools provided in the intergovernmental work programme, the
establishment of Euroregions as transfrontier co-operation structures which help to establish
democratic stability, particularly in the Caucasian countries and South-East European
countries and ensure that the Council of Europe's basic texts on transfrontier co-operation are
translated into the relevant national languages - increasing the financial resources at the
Council of Europes disposal, if necessary by means of voluntary contributions;

36. to instruct the Select Committee of Experts on Transfrontier Co-operation (LR-R-CT)

to launch a study on the specific problems of towns and cities divided by national frontiers,
and draw up measures to lessen the effects of this division on local inhabitants living in what
was traditionally a single town or city;

37. to pursue and step up co-operation with the European Union and take account of
transfrontier co-operation when drawing up joint programmes so as to significantly strengthen
democracy and political and economic stability in Central and East European countries;

IV Calls on the European Union

38. to ensure that programmes fostering transfrontier co-operation, particularly Interreg,

Phare, Tacis and the MED Programme, are consistent with each other, in order to ensure their
political and economic effectiveness, and to take appropriate account of maritime frontiers;

39. to attach special importance, when drawing up relevant programmes, to the promotion
of transfrontier co-operation and the implementation of joint projects in towns divided by
national frontiers which constitute a single urban unit;

40. to develop a coherent and flexible policy for its future external borders in order to
ensure that enlargement is not detrimental to transfrontier co-operation and to cooperate with
the Council of Europe for this purpose;

V Calls on the Committee of the Regions of the European Union

41. to take note of the results of the 7th European Conference of Border Regions and
make proposals for strengthening transfrontier co-operation with non member countries, in
particular associate countries which are members of the Council of Europe;
42. to support the recommendations to set up joint projects and activities between the
Council of Europe, in particular the Congress, and the European Commission with regard to
the spatial planning and development of border regions along its external borders;

43. to help establish Euroregions, especially in Central and Eastern Europe, through its
work programme and specific schemes or by inviting the member states concerned to
undertake co-operation in this field;

VI Calls on the OSCE

44. to encourage its member states to recognise transfrontier co-operation as an important

element of co-operation and security in Europe and establish the necessary conditions at
national level for its implementation on the basis of permanent co-operation arrangements;

45. to ensure that transfrontier co-operation has a place in the regional strategy for South
East Europe, recognising it as a factor of democratic stability and to co-operate with the
Council of Europe in this field;

46. to incorporate the various aspects of transfrontier co-operation in its programme of

Economic Forums and co-operate with the Congress of Local and Regional Authorities of
Europe in this field.
 APPENDIX

7th European Conference of Border Regions

T r a n s f r o n t ie r C o - o p e r a t io n ,
FACTOR OF SOCIAL COHESION AND POLITICAL STABILITY IN EUROPE

Timisoara, Roumania (28-30 October 1999)

FINAL DECLARATION
adopted unanimously on 30 October 1999

The participants at the 7th European Conference of Border Regions, local, regional and
national elected representatives and representatives of European border regions and their
associations,

Express their gratitude to

the Council of Europe, and in particular the Parliamentary Assembly and the Congress
of Local and Regional Authorities of Europe (CLRAE) for organising the conference

the Parliament and Government of Romania, and especially the County of Timis and
the City of Timisoara for their hospitality

And adopt the following conclusions:

Having considered the situation of transfrontier co-operation in Europe, and taking

into account previous conferences organised by the Council of Europe

Reaffirm

the fundamental importance of transfrontier co-operation for the European

construction process and for establishing a climate of confidence through tolerance, solidarity,
mutual understanding and good-neighbourly relations, particularly in border regions which
are home to minorities;

the crucial role of the Council of Europe in promoting transfrontier co-operation at

pan-European level through its fundamental objectives, i.e. democracy, the respect of human
rights and local and regional self-government, through its technical and legal activities and its
European conferences on transfrontier co-operation organised on a regular basis by the
Parliamentary Assembly and the Congress of Local and Regional Authorities of Europe;
 the role of transfrontier co-operation in promoting and strengthening local and
regional democracy in accordance with the principle of subsidiarity;

Welcome

the entry into force of the Additional Protocol to the European Outline Convention on
Transfrontier Co-operation between Territorial Communities or Authorities in December
1998;

the adoption of Protocol No. 2 to the European Outline Convention on Transfrontier

Co-operation between Territorial Communities or Authorities on inter-territorial co-operation
in 1998;

recognition of the transfrontier co-operation dimension in the draft European Charter

of Regional Self-Government drawn up by the Congress of Local and Regional Authorities of
Europe, which they wish to see adopted quickly by the Committee of Ministers of the Council
of Europe;

Stress

the importance of creating new Euroregions in central and eastern Europe and call on
local and regional authorities to draw on these experiences for the development of networks
and working structures to promote good-neighbourly relations;

that transfrontier co-operation operates best of all in the day-to-day lives of citizens
living on both sides of a frontier, and should be set up between direct neighbours;

the importance of multilateral structures, such as the Baltic Initiative, and co-operation
between the Black Sea and Mediterranean Basins and the Atlantic Arc, in particular with a
view to providing them with access to the various means of action of the European
institutions;

the need to supplement European legal provisions with legal progress in the field of
transfrontier co-operation in domestic law and to conclude bilateral and multilateral
agreements at local, regional and national level;

the value of the activities carried out by the Council of Europes Committee of
Advisers, designed to raise awareness of and promote transfrontier co-operation in the
countries of central and eastern Europe, and by the intergovernmental structures;

the impact of the regular meetings of transfrontier co-operation representatives on the

legislative and legal levels in member states, particularly in central and eastern Europe;

the need to continue setting up permanent transfrontier co-operation networks and

implement joint projects based on the initiatives taken by those responsible and officials at
local and regional levels;
 the vital role of the programmes developed by the European Union (Phare, Tacis,
Interreg, MED) in supporting the implementation of transfrontier, inter-regional and
transnational projects;

the need to step up co-operation between the European Union and the Council of
Europe in order to develop significantly democracy and political and economic stability in the
countries of central and eastern Europe;

the impact of transfrontier co-operation on the implementation of a transfrontier policy

for regional/spatial planning and sustainable development to help create joint sectoral
projects, in particular with regard to transport and infrastructures, transfrontier employment
catchment areas, joint strategies for tourism, cultural development, education and heritage
conservation;

the activities of associations, in particular the Association of European Border Regions

(AERB) and its advisory role for existing and future Euroregions;

the importance of teaching the languages and cultures of neighbouring countries and
regions and the implementation of cultural activities to bring transfrontier populations closer
together;

the particular gravity of the problem of transfrontier co-operation within towns and
cities divided by national frontiers, and accordingly request specific support and attention to
overcome the obstacles to the mobility of citizens living in the spirit of a common city;

the role of Local Democracy Agencies (set up under the auspices of the CLRAE) and
civil society in promoting transfrontier co-operation in south-east Europe;

Note, however, that there are still legal and administrative obstacles to the movement of
persons and goods and the development of transfrontier co-operation, especially in areas
where dividing lines exist which are not internationally recognised;

Call on national authorities to

sign and/or ratify the European Outline Convention on Transfrontier Co-operation

between Territorial Communities or Authorities and its protocols, and the European Charter
for Regional or Minority Languages;

develop vertical and horizontal partnerships between national, regional and local
authorities in order to put in place a concerted strategy for the development of transfrontier
co-operation, in application of the principle of subsidiarity;
 associate in particular representatives of national authorities to institutions and to
activities concerning transfrontier co-operation between the regions of central and eastern
Europe as well as to the activities of the Community of Independent States in order to take
into account local and national legal structures;

eliminate the legal and administrative obstacles which still hamper the general
development of transfrontier co-operation, particularly in the field of visas, and ratify the
1957 European Agreement on Regulations governing the Movement of Persons between
member states of the Council of Europe;

create new frontier crossing points, in view of the increase in socio-economic

transfrontier activities, and provide national, local and regional authorities responsible for
transfrontier co-operation with the necessary staff to cope with growing needs;

encourage devolution and provide local and regional authorities with effective powers
to exercise at transfrontier level in accordance with the principle of subsidiarity and the
provisions contained in the Additional Protocols to the Outline Convention;

promote the teaching of the languages of neighbouring countries/regions with

appropriate financial resources;

promote transfrontier co-operation as a means of furthering economic development

and networking small and medium-sized enterprises, chambers of commerce and industry,
universities, non-governmental organisations and representatives of civil society;

encourage the setting up of transfrontier working structures through the funding of

training programmes for local elected representatives and administrators and exchanges of
experts;

Request the Council of Europe to lend assistance to national authorities by means of

technical measures and to encourage its member states to develop transfrontier co-operation
programmes; accordingly, the financial resources made available to the Council of Europe
should be increased, if necessary by means of voluntary contributions;

Invite

The European Union

to ensure the compatibility of programmes fostering transfrontier co-operation,

particularly Interreg, Phare, Tacis and the MED Programme, in order to guarantee their
political and economic efficiency, and to take into account appropriately maritime frontiers;
 to attach special importance, when drawing up its relevant programmes, to the
promotion of transfrontier co-operation and the implementation of joint projects in towns
divided by national frontiers which constitute a single urban unit;

to develop a coherent and flexible policy for its future external borders in order to
insure that enlargement does not damage transfrontier co-operation and in doing so to
collaborate with the Council of Europe;

The OSCE

to ensure that the subject of transfrontier co-operation is included in the Charter for
European Security which is currently under preparation;

The Parliamentary Assembly and the Congress o f Local and Regional Authorities o f the
Council o f Europe

to pursue and intensify their support to transfrontier co-operation and the exchange of
competencies and information in this area;

The Committee o f Ministers o f the Council o f Europe

to take stock of progress in implementing the European Outline Convention on

Transfrontier Co-operation between Territorial Communities or Authorities, 20 years after its
adoption, and to organise a conference on the findings;

to invite the European Conference of Ministers responsible for Regional Planning to

intensify the role of transfrontier co-operation in the guiding principles which will be
submitted at their next session scheduled for September 2000 in Hanover;

to adopt the CLRAE draft European Charter of Regional Self-Government with a view
to promoting the devolution of powers towards the regions, in application of the principle of
subsidiarity;

to examine, with the view to its adoption, the draft European Charter on Mountain
Regions in order to implement a co-ordinated and sustainable development policy on
mountains at regional, national and European levels;

to promote co-operation activities in European frontier areas currently beset by serious

problems and, in this connection, to devote particular attention to the Caucasian countries and
the eastern frontier of Moldova;

to promote the drawing up of multilateral agreements in response to specific problems

of certain regions, such as the Mediterranean and Black Sea basins, the Danube and the Baltic
Sea basins and the Carpathians;
 to support transfrontier projects designed to promote and strengthen tolerance,
solidarity, confidence, mutual understanding and good-neighbourly relations through its
Confidence-building measures Programme;

With regard to South-Eastern Europe, the participants:

consider that transfrontier and inter-territorial co-operation forms an essential element

of the Stability Pact for South-Eastern Europe since, according to the Heads of State and
Government of the Council of Europe at the Vienna Summit in 1993, the creation of a tolerant
and prosperous Europe also requires transfrontier co-operation between local and regional
authorities;

welcome the fact that the Council of Europe's proposal to include transfrontier co
operation in Working Table No.l has been accepted, and that the Council of Europe will be
the leader both in this sector and in other sectors such as local democracy and human rights;

believe that transfrontier co-operation in South-Eastern Europe cannot develop solely

on a bilateral level but must also be dealt with in a multilateral framework involving the
countries which make up that part of Europe;

therefore consider it appropriate to enter into negotiations, as part of the Stability Pact,
with a view to preparing a multilateral agreement between the countries of South-Eastern
Europe on transfrontier and inter-territorial co-operation between local and regional
authorities;

Finally, the participants:

take note of the invitation to organise the next meeting on transfrontier co-operation in
Edirne (Turkey).
 RECOMMENDATION 86 (2000)29
ON
THE FINANCIAL TRANSPARENCY OF POLITICAL PARTIES
AND THEIR DEMOCRATIC FUNCTIONING AT REGIONAL LEVEL

The Congress,

Bearing in mind the proposal of the Chamber of Regions,

1. Referring to the report submitted by Mr Haegi on The democratic functioning and

financial transparency of political parties at regional level;

2. Mindful of the Criminal Law Convention on Corruption (ETS 173), signed on

21 January 1999, and the Civil Law Convention on Corruption (ETS 174), signed on
4 November 1999, as well as Opinions 207 (of 23 June 1998) and 213 (of 26 May 1999) of
the Parliamentary Assembly thereon;

3. Bearing in mind Resolution 79 (99) and Recommendation 60 (99) adopted during the
plenary Session of the Congress in 1999, following the report of Mr Viorel Coifan on"The
political integrity of local and regional elected representatives";

4. Supporting Recommendation (99) 15 of the Committee of Ministers on measures

concerning media coverage of election campaigns;

5. Welcoming the Venice Commissions current work on constitutional and legislative

provisions concerning political party financing, and the related work done some years ago by
the Council of Europe Directorate of Legal Affairs;

6. Considering that, on the one hand, political parties, as an expression of democratic

pluralism, are entitled to receive support whether from public or private funds, but, on the
other hand, such financing must be clearly regulated and transparent to avoid the risk of
distorting the democratic process and gradually discrediting politicians in general;

7. Convinced of the need to take measures to this end at regional as well as other levels;

RECOMMENDS THAT THE COMMITTEE OF MINISTERS:

8. concern itself with the increasing incidence of scandals directly or indirectly related
to political party financing, and their damaging impact on the public perception of democracy;

29 Debated and approved by the Chamber of Regions on 24 May 2000 and adopted by the Standing
Committee of the Congress on 25 May 2000 (see doc CPR (7) 7, Recommendation, presented by Mr C. Haegi,
Rapporteur).
9. initiate, as part of its work programme, research into the introduction of European-
level regulations on transparency in politics and, as part of this process, collect all available
information on transparency in party financing and public life;

10. instruct the CDLR to draw up a draft Charter containing the main principles making it
possible to guarantee a minimum degree of transparency in the financing of political parties at
local and regional levels, with a view to better functioning of democracy;

RECOMMENDS THAT GOVERNMENTS:

11. ensure that their respective national laws include adequate provision for transparency
in political party financing and for appropriate supervisory measures;

12. submit their legislation on transparency in the financing of politics to critical scrutiny
and draw on the positive and innovative experience of certain other countries and regions with
a view to improving their own laws in this field;

RECOMMENDS THAT THE PARLIAMENTARY ASSEMBLY:

13. keep abreast of the CLRAEs work on political party financing at sub-state level, and
co-operate closely with it on this theme;

14. consider how to raise awareness of the issue at European, national and sub-national
levels;

15. initiate a detailed report on transparency in the financing of politics.

 RESOLUTION 89 (2000)30
ON
VERIFICATION OF THE APPOINTMENT PROCEDURES
AND COMPOSITION OF NATIONAL DELEGATIONS
AND SPECIAL GUEST DELEGATIONS TO THE CLRAE

The Congress,

1. In consideration of Articles 2. 3 and 4 and of the first transitional provision of the

Charter of the CLRAE adopted by the Committee of Ministers on 15 March 2000, and of
Rules 2 to 6 of the Rules of Procedure of the CLRAE. which regulate the membership of
national delegations, the official procedure for the appointment of members and of special
guest delegations and the verification of credentials;

2. In consideration of Article 4.2 of Statutory Resolution (2000) 1 and of Article 7 of the

Charter of the CLRAE, where a fair geographical distribution of national delegations is
specified between the two Chambers - representatives and substitutes;

3. Taking note of the report of the Bureau presented by Mrs Dini and Mr Skard,
rapporteurs;

4. Also taking account of the fact that the year 2000 is a year in which delegations are to
be renewed, on the basis of the new statutory provisions;

5. Notes with regret that considerable delays have been recorded in the receipt of these
procedures and of delegation lists;

6. Points out that Article 3.1 of the Charter calls on member States to provide in their
national procedures "for consultation in each member state of the relevant associations and/or
institutional bodies and shall specify the principles to be adhered to in apportioning
Representatives in the two Chambers";

7. Invites the countries which have procedures not in conformity with the Charter
(Albania, Georgia, Lithuania, Malta, Moldova, Portugal, "the former Yugoslav Republic of
Macedonia", Armenia, Bosnia and Herzegovina) to revise them in order that they are brought
in line with the requirements of Article 3 of the Charter;

8. Invites those countries which have procedures no longer reflecting current

constitutional realities to update these as soon as possible;

9. In general terms invites countries, especially "the former Yugoslav Republic of

Macedonia", to bring together in a single document all elements which constitute their current
procedures, on the basis, inter alia, of the form supplied by the Secretariat;

30 Debated by the Congress and adopted on 23 May 2000, 1st sitting (see doc.CG (7) 1 draft Resolution,
presented by Mr H. Skard, Rapporteur).
10. Sets as the deadline for procedures to be updated 31 December 2000, and instructs the
Bureau to report to the March 2001 meeting of the Standing Committee on the follow-up
action taken by national authorities;

11. Deplores the fact that, where the representation of women is concerned, generally
speaking the situation already criticised in Resolution 75 (1999) has not been improved, and
they are not fairly represented in a large number of national delegations, in contravention of
Article 2. paragraph 2.d of the Congress Charter;

12. Particularly deplores the fact that there are no women in the delegations of Estonia,
Ireland, Liechtenstein, Malta and Romania;

13. Issues a general request to delegations to advise the Secretariat, by the end of the year
2000, of the percentage of women within local and regional authorities, and to modify the
percentage of women represented in each delegation accordingly;

14. Instructs the Bureau to report to the March 2001 meeting of the Standing Committee
on the follow-up action taken by each national delegation on the above request;

15. Takes note that, in conformity with Article 2.4 of the Charter, the following countries,
which do not have regions within the meaning of Recommendation 56 on the statutory
reinforcement and the revision of the Congress Charter, are to be represented in "the Chamber
of Regions and its organs in an advisory capacity": Andorra, Bulgaria, Cyprus, Czech
31
Republic, Estonia, Iceland, [Lithuania] , Luxembourg, Malta, San Marino, Slovakia,
Slovenia and "the former Yugoslav Republic of Macedonia". Where Albania is concerned,
this affects only two of its four members of the Chamber of Regions. This provision does not
affect the participation of these Representatives as full members of the plenary Congress and
its organs;

16. Regrets that the national delegations of Albania (1), Andorra (3), Belgium (3), Greece
(9), Hungary (5), Lithuania (1), Luxembourg (4), Poland (2), Portugal (1), Russian Federation
(32), San Marino (1), "the former Yugoslav Republic of Macedonia" (5) and Ukraine (14),
Armenia (4) have not informed the Congress of the political affiliation of some or all of their
members, thereby preventing the Bureau from examining the delegations' conformity with
Article 2, paragraph 2.c of the Charter and with Rule 2, paragraph 3 of the Rules of
Procedure, and invites them to submit this information by 30 June 2000; should they fail to do
so, the Bureau may consider questioning the credentials of the delegations concerned;

17. In respect of the use of the first transitional provision of the Charter,

is gratified to note that Turkey has refrained from making use thereof when renewing
the membership of its national delegation;

notes that the Netherlands has reduced the number of members concerned and that the
delegation has provided the rapporteurs with an explanation relating to the conditions
contained in this provision;

31 Provided that their regional elective functions are indicated later.

18. Notes with regret that, when the national authorities of Georgia renewed their
delegation, they were unable to achieve fair geographical distribution in the Chamber of
Regions (the criticism already expressed about this aspect in Resolution 75 (1999) not having
been taken into account), and invites the Georgian authorities to remedy this situation within
six months;

19. Invites the Lithuanian national authorities, in accordance with Articles 2.4 and 3.1 of
the Charter, to clarify the situation of their delegation members to the Chamber of Regions, so
as to enable the status of their members of this Chamber to be specified;

20. While accepting the Slovenian delegation at this stage as being in conformity with the
criteria set out in the Charter and with the national procedure, invites the Rapporteurs on the
situation of local and regional democracy in Slovenia to clarify the situation of the national
associations of local authorities in this country;

21. Approves the procedures relating to the appointment of delegations and to the
examination of members' credentials, subject to the requests made in this Resolution.
 RESOLUTION 90 (2000)32
ON
THE REVISION OF THE RULES OF PROCEDURE OF THE CONGRESS
FOLLOWING THE ADOPTION BY THE COMMITTEE OF MINISTERS
OF A NEW STATUTORY RESOLUTION (2000) 1
AND A NEW CHARTER OF THE CONGRESS

The Congress,

1. Having regard to the new Statutory Resolution (2000) 1 adopted by the Committee of
Ministers on 15 March and the new Charter of the Congress appended thereto;

2. Taking account of the proposals contained in Recommendation 56 (1999) of the

Congress on the statutory reinforcement and the revision of the Congress Charter, particularly
the provisions thereof which are not included in the texts approved by the Committee of
Ministers but which supplement them;

3. Taking account of a number of improvements to the text of the Rules of Procedure

based on the experience of six years' activity of the Congress;

A d o p t s t h e a m e n d m e n t s t o it s R u l e s o f P r o c e d u r e
WHICH ARE APPENDED TO THIS RESOLUTION.

32Debated by the Congress and adopted on 23 May 2000, 1st sitting (see doc. CG (7) 3, draft
Resolution, presented by MM L.Cuatrecasas and H. Skard, Rapporteurs).
 APPENDIX

CLRAE

RULES OF PROCEDURE OF THE CONGRESS

(Amendments to be made in application of the Charter

adopted by the Committee of Ministers on 15 March 2000
and following the decisions of the Bureau of the CLRAE of 10 April 2000)

Preliminary notes:

1. For the sake o f clarity it is suggested that the word "chamber" be written with a
capital "C" only when referring to the two Chambers o f the Congress, and with a lower case
"c" when referring to the chambers o f the Standing Committee and the statutory Committees.
2. Likewise, it is suggested that "committee " be spelt with a capital "C" when referring to
the statutory Committees or the Standing Committee and with a small "c" when referring to
the committees o f the Chambers.
3. The meanings o f certain words need clarification: the terms "representative" and
"substitute" refer to the status o f the members o f the Congress as notified by the national
delegations, while the terms "full member" and "alternate" refer to the status o f the members
o f the Congress on committees. Accordingly, when it is proposed that two alternates be
appointed fo r each fu ll member o f a committee, it follows that representatives may be fu ll
members o f one committee and alternates on another.
4. The wording liftedfrom the Charter or the Statutory Resolution, which is therefore not
open to amendment, is printed in bold italic type.

Rule 1

Rule 1.1
Footnote 1 now reads: "See Article 6.1 of the Charter."

Rule 1.2
Change footnote to read: "See Article 6.2 of the Charter.".

Rule 2

Rule 2.1
2nd line of 1st paragraph: replace the words "of Article 2" by the words "of Articles 2
and 3".
2nd paragraph, insert the following second sentence: "This procedure shall provide,
in particular, fo r consultation in each member state o f the relevant associations and/or
institutional bodies and shall specify the principles to be adhered to in apportioning
Representatives in the two Chambers3", with the following footnote3: "3 See Article 3.1 of
the Charter.".
 Change the 3rd paragraph to read: "Where a member country, on the basis of the first
transitional provision of the Charter, as provided for in Article 2, paragraph 1 thereof, wishes
to send delegates to the CLRAE who do not hold a local or regional electoral mandate but are
responsible to a local or regional elected body, its official procedure for appointing the
delegation should state it openly and specify the offices and conditions of dismissal of the
delegates concerned which it deemed were in conformity with the first transitional provision
of the Charter.".

Rule 2.2
1st paragraph, second line: delete the word "prochaine" (French text only) and add to
the end of the sentence the words: "for the first time".

Rule 2a

Rule 2a. 1
4th line, delete the word "prochaine" (French text only).
5th line, replace the words: "five weeks" with the words: "in good time".
6th line, replace the word "and" at the beginning of the line by "in order to be able to".
Last sentence, after the word "Charter", replace the words "shall be replaced" by the
following: "may be deprived of their daily allowances and excluded pending their
replacement".

Rule 2a.2
1st paragraph, after the word "body,", add: "in keeping with Article 2.1 and the first
transitional provision of the Charter,".
2.i: after the word "revoked", add the word "individually", and after the word "organ",
add the words: "in the conditions laid down by law".

Rule 2a.3
2nd line, replace the words "Article 2" by: "the first transitional provision".

Rule 2b

Rule 2b.2
Footnote: replace the reference to Article 2.5 of the Charter by a reference to Article
2.6 of the Charter.
Add the following second and third sentences: "In addition, the composition o f
national delegations may be amended to take account o f the altered political situation
following local and/or regional elections. The President of the Congress shall be notified of
such amendments at latest one month before the plenary session."

Rule 3

Rule 3.2
For the sake of clarity, add the following words: "for the duration of the sitting
concerned".
Rule 3.3
The numbering of the Rules referred to will have to be revised because of the
introduction of new rules concerning committees.
3rd line, after the word "Chairman" add the words: "of a statutory Committee or".

Rule 6

Rule 6.1
The footnote should read: "See Article 5.1 of the Charter" (instead of 4.1).
Rule 6.4
Immediately after "CLRAE" add: ", the statutory Committees".

Rule 7

Rule 7.2
Last paragraph: add "Statutory Committees and" to the beginning of the sentence and
change the upper-case "A" of "Adhoc" to lower case.

Rule 7.3
When the new numbering of the Rules of Procedure is known, the reference to
"Rules 2, 2a and 2b" in the last line should be rectified accordingly.

Rule 7.4
In the French text, replace the feminine form "invite spciale" in the first paragraph
by the masculine form "invit spcial".

Rule 9

Rule 9.1
Delete footnote \
Footnote should now refer to Article 14.1 of the Charter instead of Article 13.1.

Rule 9.2
Replace the words "Head of the Congress Secretariat" by "Chief Executive of the
Congress(2)
New footnote(2) to read: "Pending the election of the Chief Executive of the Congress,
as provided for in Article 15 and in the second transitional provision of the Charter, this
function will be performed by the Head of the Congress Secretariat."

Rule 10

Rule 10.1
Replace this paragraph as follows: "The President of each Chamber, elected from
among its members having representative status, and their seven Vice-Presidents, shall be the
Vice-Presidents of the Congress."
Rule 10.4
Rectify the reference to Rule 14 in keeping with the new numbering.

Rule 11

Rule 11.1
Add an "s" to the word "fonction" in the French text.

Rule 11.2
Line 2, replace "a substitute" by "a representative to replace him from".

Rule 12

Rule 12.1
Change this paragraph to read as follows: "The Standing Committee shall act on
behalf o f the CLRAE between sessions1. "
The footnote now reads: "Article 8.1 of the Charter" (instead of 7.1).

Rule 12.3
Replace the first two sentences of this paragraph by the following three sentences:
"The Standing Committee shall consist of two representatives from each national delegation,
who shall be full members. The members of the Bureau of the CLRAE shall be full members
of the Standing Committee ex officio. If any members of the Bureau of the CLRAE are
substitutes, the national delegations concerned may appoint representatives as their
alternates."
The existing fourth sentence should read as follows: "The CLRAE shall also elect
alternates within the limit of two alternates per full member, belonging to the same national
delegation as the member."
And footnote 1 should refer to Article 8.2 of the Charter (instead of 7.2).

Rule 12.3bis
Add ", but only during its plenary meetings " to the end of this sentence.
Footnote 2 reads: "See Article 4.2 of Statutory Resolution (2000)1 ".
Add the following sentence to this paragraph: "One substitute of the President of the
Congress may attend a meeting of the Standing Committee in chamber if the President does
not attend."

Rule 12.3ter (new)

Add the following new paragraph:
"The Standing Committee may invite the Chairpersons of the political groups to its meetings
in a consultative capacity. It may also invite the Chair and/or the Rapporteur of a statutory
Committee to attend all or part of a meeting. And it may hold joint meetings with one or more
statutory Committees. Decisions to this effect shall be taken by the Bureau of the Congress
and the Bureaux of the two Chambers."
Rule 12.4
End of second line: before the word "joint" add the words: "statutory Committees or"
Last sentence: rectify the reference to Rule 34 (new numbering).

Rule 12.5
Replace "Article 10.2" by "Article 11.2".
Rule 12.6
Rectify the reference to Rule 28 in keeping with the new numbering.

Rule 12.8
Second sentence: delete the end of the sentence, after "Standing Committee".

Rule 12
(NB: All the paragraphs o f this Rule need renumbering.)

Rule 13

Rule 13.1
Rewrite this paragraph as follows:
"The Bureau o f the CLRAE shall be responsible, in the period between the sessions o f the
Standing Committee and the Congress, fo r ensuring the continuity o f the Congress's work.
It shall perform the tasks entrusted to it by the Standing Committee or by the Congress.1"
The corresponding footnote should read "See Article 9.1 of the Charter".

Rule 13.2
Replace this paragraph as follows: "The Bureau shall also be responsible fo r the
preparation o f the plenary session o f the CLRAE, the co-ordination o f the work o f the two
Chambers, in particular the distribution o f questions between the two Chambers, the co
ordination o f the work o f the statutory Committees, preparation o f the budget and the
balanced allocation o f budgetary resources between the Congress and the two Chambers.2"
The footnote to read: "See Article 9.2 of the Charter and Rule 23 (new) of these Rules
of Procedure".

Rule 13.3
Insert the former paragraph 2, deleting the words "who shall not be entitled to vote at
the Bureau".
The footnote should refer to Article 9.3 of the Charter (instead of 8.2).
Delete the existing paragraph 3, which is now included in 1.

Rule 13.4
After the word "observers", insert: "and the Chair and/or Rapporteur of a statutory
Committee".
-Conclude the paragraph with the following sentence: "When it sees fit, the Bureau may invite
the Chairpersons of the political groups to its meetings in a consultative capacity."

Rule 14

Rule 14.3
The footnote should now read: "See Article 2.1 .d) of Statutory Resolution (2000) 1

Rule 16

"Statutory Resolution (2000) 1" replaces "Statutory Resolution (94) 3" in the second
line.
In the English version, delete the word "draft" from the first line.

Rule 17

Rule 17.5
In the second line, after "competent", add: "statutory Committee or".

Rule 18

Rule 18.2
Insert a footnote 1 after the word "sitting", reading as follows: "See Rule 38.7 (new) of
these Rules of Procedure."

Rule 19

Rule 19.2
Rectify the reference to Rule 18.2 (new numbering).

Rule 20

Rule 20.4
Replace the reference to Rule 32 by a reference to Rule 21 (new).

Rule 21 (new) "Reference to committee"5

1 "The Bureau of the CLRAE shall consider all requests for an opinion presented by the
Committee of Ministers or the Parliamentary Assembly, all proposals presented by the
representatives and admitted for future examination, all proposals presented by a statutory
Committee as well as all memoranda submitted by special guest delegations or organisations
enjoying observer status with the CLRAE. It shall decide to refer them to a statutory
Committee or to a committee of a Chamber, or to submit them to a statutory Committee or to
a committee of a Chamber for information, or, exceptionally, to set up a working group, or to
take no further action."
2 "Reference to a statutory Committee or to a committee of a Chamber shall be
accompanied by clear terms of reference, appended to the decision of the Bureau and
transmitted to the Committee or the Chamber committee concerned."

3 "Reference to a statutory Committee or to a committee of a Chamber shall lapse after

two years or, at the request of the committee concerned, by decision of the Bureau."

Rule 21 (existing version)

Rule 21.1
Add "by the competent body" to the end of the paragraph.

Rule 21.2
In the first line, change the word "delegates" to "representatives", and in the last line,
rectify the reference to Rule 17 in keeping with the new numbering.
At the end of the paragraph, add: "and of reports concerning the verification of the
credentials of representatives, substitutes and special guests".

Rule 22 (existing version)

Rule 22.1
First line: replace "it in" by "in it".
Second line: after "presented by", add "a statutory Committee or".

Rule 23 (existing version)

Rule 23.4
Second sentence: after the words "Rapporteur o f , add: "the statutory Committee or".

Rule 23.6
Last line: before the words "the working group", add: "the statutory Committee,", and
delete the word "of1before "the Chamber".

Rule 23.8
At the end of the first sentence, before "working group", add: "statutory Committee or".

Rule 24 (existing version)

Rule 24.3
After "Chairman o f in line 2, add "a statutory Committee or".

Rule 24.6
Delete the footnote \
Rule 24.7
Delete the second sentence.
In line 4, after "co-rapporteurs and", delete "rapporteurs for opinion" and replace by
"Chairmen of statutory Committees".
Explanation: In view o f the new provisions o f Articles 9 and 11.2 o f the Charter, there will no
longer be any rapporteurs fo r opinion in the Congress or the Chambers, but only before the
Standing Committee and only on an exceptional basis.

Rule 24.8 (erroneously numbered 9 in the French text)

Second line: before "working group", add "statutory Committee or".

Rule 25 (existing version)

Rule 25.1.e
Replace "to the working groups" by "to the committee or working group".

Rule 25.2
Delete the article "la" before "priorit" in the French text.

Rule 25.3
Second line: before "working group", add "statutory Committee or".

Rule 26 (existing version)

Rule 26.2
The reference to "Rule 3 or Rule 14.2" should be rectified in keeping with the new
numbering.

Rule 27 (existing version)

Rule 27.1
(Stylistic improvement concerning the French text only.)

Rule 27.3
For the sake of clarity, in the penultimate line, after "result", add ", with figures".

Rule 27.4
First line: replace the word "appointments" by "elections".
 Rule 28 (existing version)

Rule 28 a and b
Merge these two paragraphs into a single paragraph "a", to read as follows: "In respect
of the adoption of a Recommendation or an Opinion of the CLRAE1, or of decisions to admit
a motion tabled by representatives for future examination, to adopt the urgent procedure, to
withdraw or suspend a delegation's special guest status or to set up a statutory Committee, a
two-thirds majority of the votes cast. "
Footnote 1 should then refer to Article 13.1 b) of the Charter (instead of Article 12.1
b ) ) -
A new footnote should read: "See Rule 27.1 of these Rules of Procedure", and should
subsequently be rectified in accordance with the new numbering.
Paragraph "c" now becomes paragraph "b" and paragraph "d" becomes paragraph "c".

Rule 28 c (existing version)

Replace the word "appointments" by "elections3", with the following footnote: "3 For
practical details of election procedures, other than the election of the Presidents of the
Congress and the Chambers, see Appendix 1 to these Rules of Procedure."
After the words "votes cast", insert a footnote to read as follows: "4 See Rule 27.4 of
these Rules of Procedure", and rectify the number of the Rule in accordance with the new
numbering.
Rectify the reference to Rule 9 (new numbering).
Add the following sentence to the end of the paragraph: "In the event of a tie, lots shall
be drawn."

Rule 28 d (existing version)

In the French text only, change the upper-case "R" of "Rsolution" to lower-case.
Delete the word "simple", which serves no useful purpose.

Rule 29 (existing version)

Rule 29.1
Second line of the French text, replace the word "adopter" by "approuver" (consistent
with the term used in Rule 30).

Rule 29.6
Rectify the reference to Rule 25 (new numbering).

Rule 30 (existing version)

Rule 30.3
Change the word "adoption" to "approval" (for consistency).

Rule 31 (existing version)

Rule 31.2
R e p l a c e t h e p h r a s e " t o a w o r k in g g r o u p , t o a C hamber" by: "to a
STATUTORY COMMITTEE, A WORKING GROUP OR A CHAMBER".
 Introduce a new Chapter XI on statutory Committees, as follows:

"Chapter XI (new) - "Statutory Committees"

Rule 32 (new) Constitution of statutory Committees

1 "In the course of each ordinary session for which the national delegations are renewed,
the CLRAE shall constitute the following statutory Committees:
an Institutional Committee;
a Culture and Education Committee;
a Committee on Sustainable Development;
a Committee on Social Cohesion."

2 The criteria for the apportionment of seats on the statutory Committees shall be
determined by the CLRAE1 in such a way as to guarantee the principle that each member of
the Congress shall have the right to one seat on a Committee.2 Both representatives and
substitutes in the Congress may be full Committee members. However, the total number of
full members of Committees, including the Standing Committee, to which each country is
entitled equals the number of seats its national delegation has in the Congress.
Footnotes:
1,1 See Appendix 2 to these Rules of Procedure for the criteria for the apportionment of
seats on Committees adopted by the Bureau at its meeting on 29 February 2000."
"2 See Article 5 of Statutory Resolution (2000) 1"

3 "A maximum of two alternates shall be appointed for each statutory Committee
member, from the same national delegation as the member."

4 "The national delegations shall address candidatures for the statutory Committees to
the President of the Congress no later than the day preceding the opening of the session. The
President shall submit them to the Congress for approval or, between sessions, to the Standing
Committee or, failing that, the Bureau. Any objection shall be submitted by the President of
the Congress to the national delegation concerned. In the event that confirmed nominations or
new nominations should give rise to objections, the Congress or the Standing Committee shall
settle the matter by secret ballot as swiftly as possible."

5 "The Congress may decide to set up any other statutory Committee it considers
necessary to its work, within the priorities of the Council of Europe and within the limits of its
budget. It shall inform the Committee of Ministers of any such decision."
Rule 33 (new) "Powers of the statutory Committees"

1 "The Institutional Committee shall be responsible in particular for preparing reports on

the situation of local and regional democracy in the member states and in states applying for
membership, for rgionalisation in Europe and for monitoring all specific questions related to
local and regional democracy in the member states. The institutional committee of the
Chamber of Local Authorities shall be responsible, with its independent experts, for
monitoring the European Charter of Local Self-Government. The institutional committee of
the Chamber of Regions shall monitor institutional developments in the regions of Greater
Europe on the basis of the corresponding texts adopted by the Congress;1

the Culture and Education Committee shall also be responsible for the media, youth,
sport and communication;
the Committee on Sustainable Development shall also be responsible for the
environment and spatial and urban planning;
the Committee on Social Cohesion shall also be responsible for issues concerning
employment, citizenship, inter-community relations, public health and equality
between women and men.
Footnote 1 See Article 2.3 of Statutory Resolution (2000) 1."

2 "The Committees shall examine all matters referred to them in keeping with Rules
13.2 and 21 (new) of these Rules of Procedure. They may also address any other subject
within their sphere of interest, but without this leading to the preparation of a report or the
organisation of a conference unless agreed by the Bureau."

3 "The Committees shall be responsible for following up the texts adopted by the
Congress on the strength of their reports. They shall also follow the intergovernmental
activities of the Council of Europe and of the Parliamentary Assembly Committees within
their respective spheres of competence as defined in paragraph 1 above."

4 "In the event that a Committee should consider that it lacks competence to examine a
question, or of a dispute over competence between two or more Committees, the problem
shall be submitted to the Bureau."

Rule 34 (new) "Committees of the Chambers"

1 "The statutory Committees shall comprise a committee of the Chamber of Local

Authorities and a committee for the Chamber of Regions, which may meet separately, but
only during plenary meetings o f the Committees. The committees of the Chambers shall
examine questions and adopt reports that fall within the exclusive scope of the corresponding
Chamber of the Congress. Any matter considered by a committee o f a Chamber may not be
considered by a plenary meeting o f that Committee. 1
Footnote 1See Article 4.2 of Statutory Resolution (2000) 1"
2 "At its first meeting each committee of a Chamber shall elect its Chair, who shall be
ex officio Vice-Chair of the statutory Committee. It shall also elect a Vice-Chair."

3 "The provisions of these Rules of Procedure concerning the statutory Committees

shall apply, mutatis mutandis, to the committees of their Chambers."

Rule 35 (new) "Chairs of the statutory Committees"

1 "The Chair shall be elected at the first meeting of the Committee following its
constitution."

2 "Pending the election of the Chair of the Committee, the duties of the Chair shall be
discharged by the oldest member present, and no discussion shall take place unless it is
concerned with the election of the Chair."

3 "Only full members may stand for election to the Chair of that Committee. If there is
only one candidate, that candidate shall be declared elected without a vote. Candidatures shall
be presented to the secretariat at least one hour before the opening of the Committee's first
meeting. "

4 "The election shall be held by secret ballot. Two tellers drawn by lots shall count the
votes, assisted by the secretariat.1"
Footnote: 1,1 See Rule 28b of these Rules of Procedure"

5 "The Chair and Vice-Chairs of a Committee shall remain in office until the opening of
the next session during which the national delegations are renewed. They may be re-elected
only once."

6 "The Chair and Vice-Chairs of a Committee shall co-ordinate the Committee's work."

Rule 36 (new) "Meetings of statutory Committees"

1 "The statutory Committees shall meet at the convocation of their Chairs, within the
limits of the budgetary resources allocated by the Bureau of the CLRAE.1
"The Institutional Committee shall normally be authorised to hold one more meeting
per year than the other statutory Committees."
Footnote1 "See Article 9.2 of the Charter"

2 "The statutory Committees shall normally meet in Strasbourg or Paris. Where

appropriate, the Bureau may authorise them to hold meetings elsewhere."

3 "Unless a Committee decides otherwise, Committee meetings shall not be public."

4 "A representative at the origin of a proposal referred to a Committee who is not a
member of that Committee may be invited to take part in the Committee's work in a
consultative capacity."

5 "A representative or substitute who is not a member of the Committee may attend a
meeting of the Committee at his or her own expense. He or she may take the floor only with
the authorisation of the Chair and shall not have the right to vote."

6 "In keeping with the provisions of Rule 7.2 of these Rules of Procedure, the statutory
Committees may invite members of special guest delegations to attend all or part of certain of
their meetings, without the right to vote."

Rule 37 (new) "Procedure in the Committees"

1 "Unless otherwise stipulated, the procedure followed in the work of the Congress shall
apply to the Committees."

2 "Votes taken in Committee shall be carried by a majority of the votes cast.1 Voting
shall be by show of hands."
(Footnote) 1 "Only affirmative and negative votes shall count in calculating the number of
votes cast (Rule 27.1 of the Rules of Procedure)."

3 "A Committee may deliberate, decide the orders of the day, approve minutes and
agree to adjourn, regardless of the number of members present.
It shall not elect its Chair or take any other decision unless one third2 of its members3 is
present.
However, a quorum shall be considered to exist if, before any decision other than those
referred to in the first paragraph above, the Chair is not asked by two members of the
Committee to ascertain the number of those present.
In the absence of a quorum, the decision shall be postponed until the next meeting of the
Committee."

Footnotes:
"If the number of members of a Committee is not divisible by 3, the quorum shall be
calculated on the basis of the multiple of 3 immediately below the number of members."
3 "The number of members of a Committee is the number of members of the Congress
whose appointment to the Committee has been confirmed by the Congress in keeping with
Rule 32.4 (new) of these Rules of Procedure."

4 "Between sessions all documents related to items on the agenda of a Committee

meeting shall be sent to the members at least two weeks prior to the date of the meeting.1 If
this deadline is not respected and at least five members so request, examination of the items
concerned shall be postponed until a later meeting."
Footnote1 "According to the postmark date."
5 "The Chair may take part in the Committee's discussions and votes, but shall not have
a casting vote."

6 "A full member of a Committee who is unable to attend a meeting shall be replaced by
an alternate from the same national delegation. The member concerned shall give due notice
of the change to the President of the delegation concerned and the Secretariat of the
Congress."

7 "Unless the Committee decides otherwise, only reports approved by the Committee
and communications and lists of decisions drawn up under the responsibility of the Chair shall
be made public."

Rule 38 (new) "Reports of statutory Committees"

Insert the text of Rule 34 from the existing Rules of Procedure, replacing the terms
"joint working group(s)" and "working group(s)" by "statutory Committee(s)" throughout.
In 34.1, second line (English text only) replace the word "introducing" by
"presenting".
In 34.2 (French text only) Replace "de la Chambre" by "du Congrs".
In 34.5, delete "taking into account the task entrusted to it,".

Add a new paragraph 7, as follows:

"7 (new) With the exception of reports submitted in application of the urgent procedure,
reports of statutory Committees shall be distributed at least twenty days before the opening of
the session at which they are to be discussed.1 If this deadline is not respected and at least ten
representatives from at least two national delegations so request when adopting the draft order
of business, the discussion shall be adjourned before the Standing Committee or until the
following session.""
Footnote1 Between sessions the date of distribution is the postmark date. See Rule 21.2 of
these Rules of Procedure (rectify later in keeping with new numbering).
NB: The numbering o f all references to the Rules o f Procedure in this Rule will need to be
revised.

Chapter XII (new) "Working groups"

Rule 32 (existing version)

Rule 32.1
First line: replace the reference to Article 8 of the Charter with a reference to Article 9.
Second line: between "may" and "set up", insert the word "exceptionally".
Last line, after "project" and before the footnote number, add: "or to specific
intergovernmental activities of the Council of Europe".
The footnote should then read: 1,1 Article 10.1 of the Charter" (instead of 9.1).
Rule 32.2
Before "set up", insert the word "exceptionally".
Before "working group", insert the words "adhoc".
The footnote should read: "2 Article 10.2 of the Charter" (instead of 9.2).

Rule 32.3
Delete this paragraph.

Rule 32.5
Last line: change the initial letter of "Session" from upper to lower case.

Rule 33 (existing version)

Rule 33.1
In the reference to the Charter, replace "Article 8.1 " by "Article 9.2".

Rule 33.3 c
Change the last sentence to: "In the event of a tie, lots shall be drawn."
NB: all references to the Rules of Procedure will have to be revised in the light of the new
numbering.

Rule 34 (existing version)

Replace the existing text, after the heading, with the following:
"The provisions of Rule 38 (new) of these Rules of Procedure, concerning statutory
Committee reports, shall apply, mutatis mutandis, to the reports of joint working groups."

Rule 35 (existing version)

Give this Rule the heading: "Adoption of texts".

Rule 35.1
Add the following text to the end of the paragraph: "No question may be considered
in both Chambers. Any matter in which both Chambers would have an interest shall be
considered in the CLRAE. "
The footnote should now refer to Articles 9.2 and 11.1 of the Charter (instead of 10.1).

Rule 35.2 a
3rd line: delete the words "if necessary after obtaining the opinion of the other
Chamber, but". And at the end of the paragraph, add the following sentence: "In exceptional
cases the Bureau o f the Congress may authorise the other Chamber to formulate an
opinion on these draft texts. "
Rule 35.2 b
The footnote should refer to Article 11.2 of the Charter (instead of 10.2).

Rule 35.4
Delete this paragraph.
Explanation: see Article 11.2. a o f the Charter.

Rule 36 (existing version)

Rule 36.6
The footnote should refer to Article 10.4 of the Charter (instead of 9.3).

Rule 36.7
Before "joint working groups", insert the words "statutory Committees and".

Rule 37 (existing version)

After "Standing Committee", insert the words "or a statutory Committee".

Rule 39 (existing version)

Second paragraph: insert the words "statutory Committee and" before "working
group".
The reference to Rule 38.3 will need to be rectified (new numbering).

Rule 41 (existing version)

Rule 41.1
Add a 13th item to the list, to read:
"13. any other document considered as an official document by the President of the
Congress.".

Rule 41.2
Last line: replace the words "one month" by "twenty days".
Explanation: Consistency with the deadline mentioned in Rule 21.2.

Rule 42 (existing version)

Rule 42.1
After the word "Bureau", insert the words "statutory Committee".

Rule 42.2
Second line (French text only), add a comma after "invit spcial".
The reference to Rule 36 will have to be rectified.
 Rule 43 (existing version)

Rule 43.1
Between "Each" and "working group", insert the words "statutory Committee, each".

Rule 44 (existing version)

Rule 44.1
Replace the words ", who will inform the Committee of Ministers thereof by "and to
the Committee of Ministers".
Footnote 1 should now refer to Article 16 of the Charter (instead of Transitory
Provision 4.c).

Rule 44.3
Rewrite this paragraph as follows:
"Under the provisions of Article 16 of the Charter, the Bureau of the CLRAE shall be
responsible for managing the budget of the Congress, within the framework of the budgetary
resources allocated to it and of the priorities of the Council of Europe, and in compliance with
the latter's financial regulations."

Rule 44.4
(French text only) Replace "informera" by "informe".

Rule 45 (existing version)

Change the heading to "Secretariat of the CLRAE1"

Rewrite the Rule as follows:
"1. The Secretariat o f the Congress shall be provided by the Chief Executive o f the
Congress, elected by the Congress.2
2. The Chief Executive shall be answerable to the Congress and its organs and act under
the direct authority o f the Secretary General o f the Council o f Europe.
3. The Secretary General o f the Council o f Europe shall appoint a Deputy Chief Executive,
following consultation o f the Bureau o f the Congress.
4. The Secretary General o f the Council o f Europe shall appoint the Secretary o f each
Chamber following an informal exchange o f views with the President o f the Chamber
concerned, during which he or she shall communicate his or her intentions and the reason
fo r his or her choice. "

Footnotes:
1,1 See Article 15 and the second transitional provision of the Charter"
" Appendix 3 to these Rules of Procedure lays down the procedure for electing the
Chief Executive of the Congress, as submitted to the Standing Committee for adoption on 25
May 2000."
 Rule 46 (existing version)

Rule 46.2
The numbering in references to the Rules of Procedure will need to be rectified.

Rule 46.2 b
Insert a comma between "representatives" and "including" in the second line.

Rule 47 (existing version)

Rule 47
NB: The numbering of the Rules referred to will require rectification.
 PRACTICAL ARRANGEMENTS FOR ELECTIONS OTHER THAN THOSE OF
THE PRESIDENTS OF THE CONGRESS AND THE CHAMBERS

1. Such elections shall be held in the following places:

if the organ concerned is meeting in the hemicycle: in the area behind the President's
rostrum;

if the organ concerned is meeting in a meeting room in the Palais de l'Europe: at the
entrance to the room.

2. A specific time-limit shall be set for these elections, but:

the meeting shall not be interrupted following the announcement of the start of the
voting, after a possible brief presentation of the candidates and the appointment of two
tellers by drawing of lots;

the members of the Congress (representatives and properly appointed substitutes) or

the Chambers shall not be called to vote individually, but rather shall place their ballot
papers in the ballot box at any time within the specified time-limit.

3. The register of voters and the ballot box shall be placed on a table in one of the above
designated places; there shall be a second table on which members can fill out their ballot
papers.

4. The members of the Congress or the Chambers shall sign the register of voters in the
presence of a member of the Secretariat.

5. In elections in the Congress, by signing the register a substitute prevents the

representative whom he or she is replacing from taking part in the election (and also from
serving as an ad hoc substitute to any other representative who is absent).

6. In cases of doubt or dispute about a member's entitlement to vote, the matter shall, if
necessary, be submitted to the President, who shall take the final decision; no points of order
shall be permitted.

7. After verification that a member is entitled to vote, he or she shall be issued with a
ballot paper.

8. Voters shall place their ballot papers in the ballot box.

9. On expiry of the specified time-limit, the President shall ask whether any more
members wish to vote and, when all the votes have been cast, shall declare the voting closed.
10. Ballot papers shall be counted outside the meeting room directly after the vote, under
the supervision of the two tellers assisted by the Secretariat.

11. The result shall be announced by the President, if possible before the close of the
sitting or else at the opening of the following sitting.

12. The notices of proceedings shall contain detailed information on the running of the
election.
 APPORTIONMENT PER COUNTRY OF SEATS
OF REPRESENTATIVES ON COMMITTEES

At its meeting on 29 February 2000 the Bureau of the Congress adopted the following
criteria for the apportionment of seats on committees by country:
33 1 1
1. Countries with 2 seats: Andorra . Liechtenstein and San Marino
1 member on the Standing Committee
1 member on whichever one of the four statutory Committees the country chooses

2. Countries with 3 seats: Cyprus1. Estonia1. Iceland1. Latvia. Luxembourg1. Malta1.

Slovenia1 and the former Yugoslav Republic of Macedonia 1
1 member on the Standing Committee
1 member on two of the four statutory Committees (at the countrys discretion)

3. Countries with 4 seats: Albania. Ireland and Lithuania

2 members on the Standing Committee: 1 L and 1 R
1 member on two of the four statutory Committees (at the countrys discretion)

4. Countries with 5 seats: Croatia. Denmark. Finland. Georgia. Moldova. Norway and
Slovakia34
2 members on the Standing Committee: 1 L and 1 R
1 member on the Institutional Committee: L or R
1 member on two of the three other statutory Committees (at the countrys discretion)

5. Countries with 6 seats: Austria. Bulgaria1. Sweden and Switzerland

2 members on the Standing Committee: 1 L and 1 R
1 member on each of the four statutory Committees (L and R)

6. Countries with 7 seats: Belgium. Czech Republic 35. Greece. Hungary.Netherlands

and Portugal
2 members on the Standing Committee: 1 L and 1 R
2 members on the Institutional Committee: 1 L and 1 R
1 member on each of the three other statutory Committees

7. Countries with 10 seats: Romania

2 members on the Standing Committee: 1 L and 1 R
2 members on each of the four statutory Committees: 1 L and 1 R

33 These countries do not have regions as understood in Recommendation 56 (1999).

34 Slovakia does not yet have regions as understood in Recommendation 56 but is in the process of
establishing them.
35
The Czech Republic does not yet have regions as understood in Recommendation 56 but has decided
to establish them and is proceeding to do so.
8. Countries with 12 seats: Poland, Spain, Turkey and Ukraine
2 members on the Standing Committee: 1 L and 1 R
2 members on each of the four statutory Committees: 1 L and 1 R
Plus an additional member on two of the four statutory Committees at the countrys
discretion: 1 L and 1 R

9. Countries with 18 seats: France, Italy, Germany, United Kingdom and Russian
Federation
2 members on the Standing Committee: 1 L and 1 R
4 members (2 L and 2 R) on each of the four statutory Committees.
 ELECTION OF THE CHIEF EXECUTIVE OF THE CONGRESS

In conformity with the provisions of Article 15 of the Charter, the Chief Executive o f
the Congress shall be elected by the Congress.

Candidates shall be free to submit their applications directly to the Secretary

General o f the Council o f Europe, who will transmit them to the President o f the Congress,
together with his opinion. Following examination o f these candidatures, the Bureau shall
submit a list o f candidates to the vote o f the Congress.

The Congress shall elect its Chief Executive fo r a renewable term o f five years,
without the age limit applicable to all Council o f Europe staff being exceeded.

The Standing Committee, on behalf o f the Congress, shall establish the procedure
fo r the election o f the Chief Executive o f the Congress.

* *

The following election procedure was adopted by the Standing Committee at its
meeting on 25 May 2000 [Resolution 95 (2000)].

Procedure for the election of the

Chief Executive of the CLRAE

1. Vacancy notice

The post of Chief Executive shall be advertised by means of a Vacancy Notice under
an external recruitment procedure, prepared by the Secretary General and specifying the
requisite qualifications.

2. Submission of applications

a. Candidates shall be free to submit their applications directly.

b. Applications must reach the Secretary General of the Council of Europe by the closing
date specified in the Vacancy Notice.
3. Preliminary consideration of applications

a. Applications forwarded by the closing date shallundergo aninitial examination by the

Secretary General in the light of the requirements stated in the Vacancy Notice.

b. Within a fortnight after the closing date specified in the Vacancy Notice, the Secretary
General shall transmit to the President of the Congress the list of candidatures
received, indicating the ineligible candidates (list A) and the candidates meeting the
requirements as stated in the Vacancy Notice (list B).

4. Nomination of candidates

a. The President of the Congress and the Presidentsof each Chamber shall meet inorder
to:

i. examine the list of candidatures transmitted by the Secretary General. Some

candidates may be asked to attend an interview;

ii. draw up from the list of candidates deemed eligible by the Secretary General a
short list of not more than five names for submission to the vote of the
Congress.

In drawing up the short list, the President of the Congress and the Presidents of
the Chambers shall have particular regard to the following requirements:

i. Recruitment of persons of the highest competence, integrity and aptitude for

the post to be filled.

ii. Necessity, under the Council of Europe's equal opportunities policy, of

consistently ensuring parity in the numbers of men and women employed in
each category and grade.

iii. Need for equitable geographical distribution of vacancies among nationals of

member states. This Secretariat appointment shall not be considered the
prerogative of any one member state.

iv. Need to take into account the qualifications and experience of persons already
serving with the Council of Europe in order to offer members of the Secretariat
reasonable promotion prospects.

b. The President of the Congress and the Presidents of the Chambers shall report to the
Bureau of the Congress, which shall take the decision to transmit the final list of
candidates to the members of the Congress.

c. The final list and the Curriculum Vitaes of the short-listed candidates shall be
transmitted to the members of the Congress not later than one week before the
Session during which the election is to be held.
Procedure in the Congress of Local and Regional Authorities of Europe

The Congress shall conduct the election.

Voting shall be conducted by secret ballot. Two tellers chosen by lot shall count the
votes cast.

If, after the first ballot, no candidate has obtained an absolute majority of the votes
cast by representatives appointed to the Congress, the candidate who gains a relative
majority of the votes cast in the second ballot shall be declared elected. In the event of
a tie, the female candidate, if any, and otherwise the candidate who is senior in age,
shall be declared elected.

Term of office

The Chief Executive shall be elected for a term of five years and may be re-elected.

The Chief Executive's term of office shall terminate when he/she reaches the age limit
of that of officials of the Council of Europe, 65 years.
 HONORARY MEMBERSHIP

The title of "honorary member of the CLRAE" shall be bestowed by the Bureau:

1. on all former Presidents of the Congress and the Chambers when they are no
longer members of the CLRAE;

2. at their request, on former Vice-Presidents of the Chambers and on Chairs of the

committees when they cease to be members of the CLRAE;

3. at the request of the Chair of the national delegation of which they were members, on
former members of the Congress or the old Standing Conference of Local and Regional
Authorities of Europe who have been or were representatives or substitutes for at least ten
(not necessarily successive) years.

At the first session following the end of their term of office, honorary members of
the CLRAE shall be given a medal and a badge of honorary member.

All honorary members of the CLRAE shall have access, upon presentation of their
badge, to the same places as the members of the Congress during the plenary sessions, with
the exception of the committee meeting rooms while the committees are meeting.

At their request, which shall be renewed annually, they shall be included on the
mailing lists for official documents of the Congress and its organs and given access to the
non-confidential databases.

They may be invited to special events of the Congress, Chambers or Committees at

the initiative of the organisers.
 RESOLUTION 91 (2000)36
ON
RESPONSIBLE CITIZENSHIP AND PARTICIPATION IN PUBLIC LIFE

The Congress,

1. Takes note of the Report submitted by Mr Haas on Citizenship and participation in

public life further to the work carried out by the Working Group Citizens rights and
responsibilities under the supervision of Mr Tchernoff and Mr Hofmann;

2. Underlines that the European Charter of Local Self-Government states in its Preamble
that the right of citizens to participate in the conduct of public affairs is one of the
democratic principles that are shared by all member States of the Council of Europe and that
it is at local level that this right can be most directly exercised;

3. Is convinced that there is a close link between civic responsibility, on the one hand,
and participation in public affairs at local and regional level, on the other;

4. Recalls, in this respect, the existence of several relevant Council of Europe texts,
including CLRAE texts, in particular:

the Convention on the participation of foreigners in public life at local level;

the European Charter on the participation of young people in municipal and regional
life, adopted by Resolution 237 (1992) of the CLRAE;
Resolution 243 (1993) of the CLRAE on citizenship and extreme poverty: the
Charleroi Declaration;
Resolution 15 (1995) on local democracy: a civic project;

5. Notes that the Committee of Ministers adopted on 7 May 1999 a declaration and a
programme on education for democratic citizenship based on citizens rights and
responsibilities;

6. Believes that the time has come to remove all obstacles to the development of a
genuine process of civic empowerment and growing participation by citizens in public life;

7. Accordingly, approves the Guidelines for a policy on citizens responsible

participation in municipal and regional life as set out in the appendix to the present
Resolution;

36 Debated by the Congress and adopted on 24. May 2000, 2nd sitting (see doc CG (7) 8, draft
Resolution, presented by Mr M. Haas, Rapporteur).
8. Invites the local and regional authorities of Europe to take the said guidelines into
consideration:

by setting aside a few public working sessions, for example;

by ensuring that these Guidelines are widely circulated to citizens from all sections of
the community;
by notifying the CLRAE Secretariat of their comments and their proposals for
implementing the Guidelines;

9. Urges European citizens and their associations to pay particular attention to the said
Guidelines;

10. Requests its competent Committee to reconsider this matter in due course, in the light
of the results obtained in the meantime, with a view to adopting a stricter, more precise
wording for the Guidelines, if necessary.
 APPENDIX

Guidelines for a policy of responsible civic participation

in municipal and regional life

I. The citizen's responsibility for the community - Citizens4 duties

In the Convention for the Protection of Human Rights and Fundamental Freedoms
(1950) and the European Social Charter (1961) the member states of the Council of Europe
undertook to recognise and guarantee, as the foundation of their legal systems, a number of
human and civil rights which are not to be tampered with. As states governed by the rule of
law and by concern for public welfare, they thereby committed themselves to securing to
everyone the highest level of rights and freedoms compatible with the principle of equal rights
and freedoms for all and to affording each citizen the means and opportunity to lead a good
life. Recognition of human and civil rights as the basis of the legal system is a prerequisite
for people to live together in human dignity.

Peaceful, successful co-existence does not, however, merely depend on these rights
and freedoms being secured by law. It is also basically a matter of what use citizens make of
them, how they translate them into reality, what values and thinking they adopt in planning
and leading their lives and what attitudes they show towards their fellow-citizens, whether
within their families, in the community or in political circles.

All rights are associated with responsibilities of a legal nature. These legal
responsibilities are sanctioned by the system of laws, which imposes lawful conduct on
citizens. Responsibilities coming within the ambit of the ethos, that is ethical or moral
responsibilities, differ from legal responsibilities. Firstly, in terms of their content, as
standards of goodness they go beyond what the law and legislation can require of people in a
free country governed by the rule of law. Secondly, they entail the adoption of values and
thinking which are fundamentally good, and hence refer to the individual's inner conscience,
convictions, sense of responsibility and attitudes, whereas the law only regulates outward
behaviour.

Fulfilment of legal responsibilities is a prerequisite, albeit insufficient in itself, for

successful co-existence in conditions conducive to human dignity. But such co-existence in
dignity can be achieved only where the scope for action which citizens are guaranteed by
rights and freedoms is set within an ethical and moral frame.

The Congress of Local and Regional Authorities of Europe therefore calls on the
citizens of Council of Europe member states to consider, recognise and fulfil the following
ethical and moral duties as citizens' responsibilities.

Responsibility for one's own life

All persons shall strive to develop a reasonable life plan and to follow it responsibly,
within the limits of the law and according to their own interests, capabilities and possibilities.
 All persons shall endeavour to cultivate their aptitudes and, as far as possible, to
acquire qualifications conducive to the realisation of the above-mentioned life plan. They
shall also take care of their health.

A responsible, planned life requires that people put their various needs and
inclinations into some degree of order, are capable of distinguishing between what is
necessary, useful and agreeable, and strive for self-mastery and self-control.

They shall therefore attempt, to the best of their ability, to avoid developing
pathological or psychic dependencies or addictions which prevent them from leading a
reasonable life.

In the context of their life plan, all persons shall, as far as they are able, take
responsibility for themselves and shall only seek help from society if the demands on them
exceed their own capabilities.

All persons should be accountable to themselves for the values and thinking which
they adopt as the basis of their life plan. In this respect, they should not only strive to acquire
vocational qualifications, but also seek to qualify in that "education of the heart" failing which
no-one can be a good person.

Responsibility towards others

Human Rights give rise to responsibility towards others. All persons should morally
assume responsibilities as their own and base their attitudes towards others on the human
rights ethos.

This has its corollary in a duty to respect the life, dignity and freedom of all people, to
fight for justice and solidarity and to show tolerance for the beliefs of others.

No one shall discriminate against others on grounds of sex, ethnic origin, nationality,
religion, culture or language.

In pursuing their life plans, all persons should endeavour to develop the qualities
which people look for in one another. This principle of reciprocity embodies the golden rule:
do as you would be done by.

This entails a readiness to be well disposed, courteous and helpful towards others, and
honesty in one's speech and conduct.

Anyone party to a conflict of interests should attempt, as far as possible, to settle the
matter through a willingness to negotiate and compromise, instead of treating it as a strategic
contest.

All persons should show respect for other people's reputation, honour and privacy and
for the property of others as the sphere in which they exercise their freedom.
 All persons should commit themselves, as far as possible, to the protection of the
natural environment and the husbanding of scarce resources, so that future generations may
also live in conditions conducive to human dignity.

The couple and the family

All relations between men and women shall be marked by an ethos of equal dignity,
which shall preclude sexual prejudice and sexist behaviour.

Sexual partnerships shall be characterised by mutual respect, fairness, understanding

and an attitude of consideration and helpfulness. Sexual dependency and exploitation run
counter to the ethos of partnership in dignity.

It shall be incumbent on married couples to base their conjugal relationship on love,

loyalty and mutual care and support, and to preserve it in good and bad times.

In their capacity as parents, it shall be incumbent on both father and mother to assume,
to the best of their ability, the major responsibility for their children. Their love for their
children, their commitment to raise and take care of them and also their relationship with one
another have a considerable influence on the development of the children's personalities.

No-one shall exploit, ill-treat or abuse children.

Everyone shall contribute to ensuring that the relationship between the generations is
compatible with human dignity. In particular, children shall honour their parents and aid and
support them, particularly in old age.

Society

Everyone should endeavour to be a good neighbour to the people living locally and
show a considerate, friendly and helpful attitude towards them, and should strive to settle
disputes through a readiness to negotiate.

The social duties inherent in ownership should result in personal responsibility of the
owner of property, over and above that provided for by law.

In line with the subsidiarity principle, the economic security of each household should,
as far as possible, be guaranteed first and foremost by its members' gainful employment. This
entails efforts to find employment and a willingness to do one's work carefully and reliably.

Within firms and administrations work always involves co-operation between

individuals. Everyone, above all those in senior positions, shall therefore treat all colleagues
properly and fairly and show respect for their human dignity.

Honesty, respect and fairness are also owed to competitors within the market
economy.
 Freedom of the media confers on the persons active in this field a particular
responsibility to disseminate truthful and objective information, to respect private life, as well
as correctness and morals, and to abstain from any praise to violence and brutality.

In exercising any occupational activity, all persons should constantly fulfil those
duties which generally follow from the responsibilities towards others set forth in this
declaration. No one is exempt from such duties on account of his or her occupation. They
shall apply without restriction, likewise in respect of fellow-citizens of foreign origin.

Politics

Democratic politics based on civil rights requires citizens who are politically mature,
interested in public affairs, democratically minded and aware of their political co
responsibility. A democratic state cannot thrive with citizens who play no part in politics.

The responsibilities of a good, democratic citizen include a willingness to keep oneself

informed of political developments, to contribute to shaping informed public opinion and to
take part in political events as an active, committed member of society.

Fulfilment of legal responsibilities is a prerequisite, albeit insufficient in itself, for

successful co-existence in conditions conducive to human dignity. But such co-existence in
dignity can be achieved only where the scope for action which citizens are guaranteed by
rights and freedoms is set within an ethical and moral frame. For society to live in harmony,
it is important that a significant number of social groups and institutions take initiatives, set
up structures of mutual interest and organise community networks of mutual assistance, and
that, through their social and cultural commitment, they show solidarity. Citizens should, as
far as they are able, be prepared to take an active role in political organisations and citizens'
initiatives or projects, to assume political functions and to volunteer for honorary
appointments.

To be fully functional at state level, democracy must have its roots in lively local
democracy at the municipal and regional levels. Citizens should be active in asserting their
right of participation and control, particularly in the field of local self-government, which is
not unlimited. They can thereby offer young people an example of living democracy.

All citizens should show respect for the legal and constitutional systems which have
their basis in human and civil rights, and conscientiously abide by democratically enacted
laws.

In addition, all persons should summon up the civil courage to defend the fundamental
values of a democratic, constitutional state governed by the rule of law against extremist
attitudes and statements contrary to human rights, and to take positive action and speak out
against criminal threats to individuals and vandalistic behaviour.
II. Strengthening of citizens' participation at local and regional level - Citizens4
rights

1. The participation of citizens in local politics must be guaranteed at all political and
administrative levels. The Congress of Local and Regional Authorities of Europe therefore
agrees with Agenda 21 that "one of the fundamental principles for the achievement of
sustainable development is broad public participation in decision-making".

In particular, this presupposes:

the implementation of the subsidiarity principle, according to which public business

should only be carried out by the administrative authorities if this cannot be
successfully accomplished by the citizens and their voluntary associations;

the right of citizens to be informed and heard on every major plan or project before
decisions are taken (transparency encourages a sense of acting for the public good!);

the use of the new information technologies to provide citizens with comprehensive
information and establish needs and problems;

the creation of a system of co-operation based on mutual trust between specialised

staff on the one hand and the citizens and their representatives on the other;

the greatest possible involvement in political life of all inhabitants, whether or not they
are nationals of the country.

2. The Congress of Local and Regional Authorities of Europe calls on local authorities to
examine and, if necessary, extend and intensify the possibilities for democratic participation
existing within the framework of national legislation.

Up to now, citizen participation has been mainly limited to participating in elections

and to the possibility of exerting influence at the pre-parliamentary level. Self-government
however implies more than this. It also entails the involvement of those concerned in their
own affairs, with the aim of promoting the well-being of residents and preserving distinctive
historical and local characteristics.

Here it is necessary to take account of the new motives the citizens now have for
becoming involved. Whilst the assumption of honorary offices often used to be based on a
sense of duty, a more important role is now played by personal satisfaction and fulfilment.
For many people today, what is important is their desire to be involved in a project for a
limited period and to have their personal abilities and inclinations taken into consideration.

3. In order to encourage citizens to become involved in matters of local importance, the

local and regional authorities undertake to consider the following political objectives and to
work towards achieving them:
Better transparency

Publicity o f the agenda and the decisions o f local councils and executives

The agendas and the decisions of local assemblies and authorities should be publicised
not only in the formal way provided by the law; they should be made known to the public at
large through a variety of means such as direct mailing to families, the local press, local radio
and TV stations, distribution at cafs, clubs and other meeting points, as well as websites.

Transparency o f organisational charts

The organisation of local goverment and the persons responsible for activities should
be made known to citizens and residents.

Publicity o f administrative and executive decisions

The principle that meetings of local councils and their committees should be public is
one of the essential foundations of democracy. This gives every citizen the opportunity to
monitor the activities of elected representatives. It also arouses general interest in self-
government and helps to establish the idea of self-government in the minds of citizens.

A d hoc document centres

Special documentation centres should be set up in every town and village and, in the
case of the larger towns and cities, at least every borough by all the local authorities in a
specific territory (eg, a region or a county). In these centres, each resident (both nationals and
non-nationals) should find all the documentation concerning the agendas of local councils and
executives, decisions made and decision-making in progress. These documents should be
open to access and it should be possible to make copies to take away.

Compulsory consultation o f individuals prior to the enactment o f administrative decisions

Before the enactment of local authority decisions which may affect the right of an
individual (nationals or non-nationals, natural persons or legal entities), the persons concerned
should be informed and consulted about the decision-making process under way.

Direct access fo r citizens to the administrative authority

Each member of the council or the executive or each administrative authority should
officially make specific times available for receiving the public. It would also be useful,
depending on the extent of technical development, for a special e-mail address and mailbox to
be made available in which citizens could make suggestions or comments.
Strengthening of pre-political participation

The principle of democracy is based on the assumption that citizens will act
responsibly. The will of the citizens is the ultimate guideline for the activities of councils and
authorities. This means that representative democracy must be supplemented by elements of
direct democracy. Particular consideration should be given to the following types:

Citizens^ petition/Citizens decision

The citizens' petition and citizens' decision are the most extensive forms of direct
participation in decisions on political issues. Through a citizens petition, citizens can seek to
take the decision over a local issue themselves instead of the council.

Right to make proposals

Every citizen or resident in the local authority area should be able to make proposals or
complaints to the local assembly or authority.

Resident's application

Every resident should be able to make applications to the council and the
administrative authority. The application must contain a reasoned request calling on the local
assembly to discuss a proposal on a subject for which it has responsibility and give a decision
on this.

Question times

Question times at council and committee meetings enable the citizens and residents to
speak to the council and the committees directly and in person, thus strengthening contacts
between the population and the council. This strengthens the contacts between the public and
local elected representatives.

Consulting the citizens

The local and regional authorities should make use of the new technologies to initiate
more meetings to consult citizens and inform themselves on specific problems faced by the
population.

Meetings of local residents

In order to carry out a mutual exchange of information between the administrative

authority, the council and the citizens, it may be useful to hold meetings of local residents.

Involvement of experts

In order to make use of the expertise of citizens and residents, it should be made
possible for prominent non-elected figures (nationals and non-nationals) to be involved as
expert consultants on the spot in the work of the political bodies of the local authorities.
 New participation procedures

Planning units/ Citizens reports

At the local authoritys invitation, a group of citizens chosen on the strength of their
representativeness or their functional role (e.g. multipliers, associations) draws up its own
opinions or recommendations on current developments in the community. The councils
decision-making powers are not affected but the groups recommendations are taken into
consideration during the decision-making process.

Round tables

A round table is a procedure for the joint shaping of policy through the discussion of a
local issue (e.g. urban development). The broadest possible spectrum of affected organisations
and interest groups are involved in this. However, the rules of procedure are agreed on
separately on each different occasion. The decision-making powers of the local assembly are
not affected in this case either.

Forward planning conferences

Selected citizens, associations and representatives, e.g. from economic or political

circles, discuss the development goals and necessary changes in a local authority area (e.g.
Vision 2010). This can give rise to ideas for practical projects.

Ombudsmen

To improve relations between the authorities and citizens, it is recommended to appoint

an ombudsman who can act as an independent mediator in the event of disagreements,
misunderstandings and mistakes in dealings between authorities and citizens.

Horizontal subsidiarity

Insofar as it is compatible with existing legislation, local and regional authorities shall
commit themselves to a policy of delegating the management of local services to local non
profit organisations and/or consumer associations.

In doing so, local and regional authorities shall supervise the quality and costs of the
services provided and make sure that the non-profit organisation and/or consumer association
responsible for providing a given service: (i) possesses the necessary professional know-how
and (ii) makes services accessible not only to its members and supporters but to all residents.

The local and regional authorities shall undertake, in the framework of organisations
of public utility and/or consumer associations, not to engage in any discrimination on the
grounds of nationality, religion, sex or political persuasion.
Better parliamentary participation

Voting age/Voting system

The most important citizen's right in a parliamentary democracy is the right to vote.
This fundamental right must be upgraded in order to strengthen the elected bodies at all
levels. This includes reducing the voting age and the age of eligibility to public office. It also
involves organising the voting system in such a way that the citizens have as much scope as
possible for appointing the members of the council: if, under a system of vote accumulation
and split-ticket voting, the citizens have several votes they can give either to one individual or
to several candidates belonging to different parties, this strengthens the principle of voting for
a specific personality, including members of the political groups.

Direct election of mayors

The direct election of mayors enables citizens to take this extremely important
decision on the appointment of a person in their own town or village and to stand as
candidates themselves.

Youth council s/Youth parliaments

Not least owing to the impression that there is a lack of interest in, and disenchantment
with, politics in society, increasing attention is being given in political discussion to ways of
involving children and young people in all matters of concern to them. The establishment of
such institutions can be laid down in local bylaws.

Confining debate to subjects relating to the young people's immediate environment is

essential to success, and a "keep-it-simple" approach is a prerequisite. Procedural rules
provide a dependable framework but must not be allowed to dampen the enthusiasm of being
involved.

Senior citizens' councils

In order to establish the particular needs of senior citizens, who make up a section of
the population growing larger and larger as a result of demographic developments, it is a good
idea to set up senior citizens' councils in the local and regional authority areas in order both to
make the specific expertise of the elderly available to the political debate and to give them an
opportunity to engage in political activities.

The right of non-nationals to be represented in local councils

Resident non-nationals should be entitled - in so far as is legally possible - to elect to

the local assembly or committees representatives who may act not just in an advisory capacity
but as full members.
Strengthening of citizens' communicative responsibilities and participation

The publics willingness to take an active part in politics is largely dependent on the
creation within the community of an atmosphere which is conducive to involvement. The
local authorities can influence whether the citizens interest in public activities grows,
stagnates or declines. In particular they can forge an environment conducive to voluntary
activities by creating the basic conditions and eliminating bureaucracy.

Strengthening of the work of clubs and associations, support for foundations

The importance for social integration of sports clubs, cultural associations,

associations for the promotion of local or regional traditions, self-help groups and political
clubs or initiatives cannot be assessed highly enough. They resolve conflicts in a productive
way, and many clubs and associations do much to prevent crime. They teach people to show
a sense of commitment and responsibility and are therefore extremely important for a society
in which the citizens are actively involved.

Involvement and participation of citizens in the development of the local

community

Modern methods of local community development are not limited to participation in

infrastructure planning. It is important to have a concerted policy for the local community.
This policy can be a constituent element of the co-ordination of investment aid for projects
close to housing areas with job creation schemes, social services close to people's homes, the
architectural enhancement of community centres, socio-cultural centres and other meeting-
places, playgrounds and sports complexes and advisory networks to deal with health issues,
self-help schemes or child care.

The local authorities can support projects in the following areas: improvements to the
living environment, the establishment and care of green spaces, playground design, cultural
and sports events, crime prevention measures, and the organisation of neighbourhood help
schemes, especially for the elderly.

Encouragement and consolidation of voluntary work

The local authorities are called upon to involve the citizens, who are the target group
for all their activities, much more in the provision of local services. The local authorities can
promote the extension of citizen participation with the aid of a number of measures, such as
presentations in schools and particularly well frequented meeting-places, special local radio
and television programmes, the distribution of printed matter, etc.

The local authorities promote special awards to natural and/or juridical persons who
have made a particularly valuable contribution to improving the life of the local community
and region.
 The local authorities and regions can develop suitable policies for supporting and
encouraging the commitment of residents to providing mutual neighbourhood assistance
services (such as help looking after children, the elderly, etc). In particular, these policies
would involve the following areas:

establishing contacts: contacting volunteers and organisations and getting

organisations to work with volunteers in a way that matches modern needs. Specific
public relations work is used to promote a new volunteer culture, initiate information
events and develop activities and co-operation with the media, such as the press, radio
and television;

providing information: activities for volunteers are presented so as to ensure clarity in

terms of supply and demand in the cultural, environmental, sports and social sectors;

offering advice: the motives, interests and general expectations of volunteers are
clarified in interviews, and approaches and models for working with volunteers are
developed with organisations;

acting as a go-between: the "right person" is directed towards the "right activity" and
the new demands with regard to working with volunteers are explained to
organisations;

providing support: volunteers are given specialist support and personal assistance.

further training: further training courses are organised with various partners at
different times.

In the future, the promotion of citizens' commitment to voluntary work will pose
significant challenges for all concerned. The active involvement of citizens in their
communities is, however, vital to towns, villages and regions. Local government should not
play the dominant role here. It must also act as an initiator and increase its efforts to promote
a "civic spirit" so as to trigger action by the citizen and pool potential that may have been
untapped up to now. Providing co-ordination of this kind can strengthen the ability of towns,
villages and regions to function as communities for the benefit of all concerned.
 THE PARTICIPATION OF FOREIGN RESIDENTS
IN LOCAL PUBLIC LIFE

The Congress,

1. Recalling in particular:

the Council of Europe Convention on the Participation of Foreigners in Public Life at

Local Level, open for signature by member states since February 1992;

the Council of Europes European Convention on Human Rights and its additional
protocols;

2. Considering the results of the Conference What participation by foreign residentsin

public life at local level?, held in Strasbourg on 5 and 6 November 1999 and theAppeal
adopted by the participants at the end of that conference;

3. Thanking the City of Strasbourg and its Conseil Consultatif des Etrangers (CE)
(Foreigners Advisory Council) for having organised the conference in conjunction with the
CLRAE;

4. Taking note of Mrs Lunds report and Recommendation 76 (2000) on the Participation
of foreign residents in public life at local level;

5. Underlining the topicality of this issue in many European countries;

6. Taking into account particularly point 8 of the Strasbourg Appeal, requesting the
Congress, in partnership with local authorities, to deepen mutual understanding of these
various forms of participation for the benefit of all inhabitants;

7. Convinced that democratic principles require that foreign residents who have legally
settled in European states on a long-term basis should not be excluded from political life at
local level, whatever their country of origin;

8. Convinced that enjoyment of this right is essential for social cohesion in towns, lasting
tolerance and peace in our societies;

Calls upon European local and regional authorities to:

9. Work towards the acceptance of foreign residents as residents-citizens actively

contributing to the life of the community and participating in public life;
10. Give active support to foreign residents associations working towards integrating
foreigners, fighting all forms of intolerance and acting as the preferred intermediaries between
local and regional decision-making bodies and these residents;

11. Improve the means of informing foreign residents of their rights and duties under the
national legislation in force, and of the opportunities open to them as regards the right of
association, freedom of expression, participation and consultation;

12. Draw up, in co-operation with the communities concerned, charters on the guiding
principles to be followed in formulating a policy on foreign residents in towns;

13. Enable foreign residents to vote in rfrendums and local consultation procedures;

14. Set up advisory bodies representing foreign residents at local and/or regional level,
drawing inspiration from examples already existing in many other European towns and
regions;

15. Rather than confine these bodies to a purely advisory role, empower them to take the
initiative and make proposals so that they may refer subjects they feel strongly about, and
which affect the community of foreign residents, to municipal councils;

16. Provide these bodies with sufficient staff, an operating budget and structures that will
enable them to fulfil their role in preparing the background against which decisions will be
taken in all areas of urban policy affecting foreign residents;

17. Give male and female politicians of foreign extraction a higher profile in order to
further acceptance by the public at large of the role and place of foreign residents in
community life;

18. Consider the possibility of also appointing qualified persons, to act as advisers and
mediators for foreign residents, in the public services for which towns and regions are
responsible;

19. Encourage, whenever possible, the integration of members of communities of foreign

residents in local and regional government bodies;

20. Train local and regional government staff to deal with foreign residents, give them
information and advice and help them with administrative formalities;

21. Help foreign residents to acquire the linguistic and other skills they need to participate
fully in the economic, social and cultural life of the community;

22. Share experiences with other European towns and regions and increase public
awareness of how important it is for residents-citizens, whatever their country of origin, to
participate fully in local and regional democracy;
23. Pursue this debate in the different political parties and defend the principle that there
can be no sustainable local democracy without the full participation of all members of the
community;

24. Work towards a generous and courageous overall policy of integration in all areas of
social, economic and cultural life with due regard to the equal dignity of all citizens;

Invites the Committee of the Regions of the European Union to:

25. Distribute to all its members the conclusions of the Strasbourg Conference and the
Appeal adopted by the participants;

26. Use all its influence to ensure that measures are adopted in all European Union
member states to remove discrimination between European Union citizens and non-Union
citizens as regards civil and political rights, thus respecting the opinion expressed by the
European Parliament a resolution adopted in 1997;

Recommends that the Bureau of the Congress instruct the competent CLRAE committees
to:

27. Plan a follow-up to the Strasbourg Conference, and in particular foster a broad
exchange of experience between European towns and regions in this field in co-operation
with the Council of Europe organs concerned and other organisations active in this field;

28. Arrange in due time for another conference to review that exchange of experience and
encourage European local and regional authorities to take initiatives, in conformity with
national legislation, to move public opinion forward and develop good practices on the
recognition of residents-citizens rights in municipalities where they live, whatever their
country of origin.
 LOCAL AND REGIONAL DEMOCRACY
IN THE CZECH REPUBLIC

The Congress,

1. Having examined the situation of local and regional democracy in the Czech Republic
on the basis of the report presented by Llibert Cuartecasas (Spain) and Michel Gugan
(France),

2. Having regard to Recommendation 77 (2000) on this subject:

a. Invites the Bureau and the Institutional Committee of the Congress to:

follow closely the progress of the reform under way in the Czech Republic, and in
particular implementation by the Czech authorities of the proposals set out in the
recommendation;

assist the Czech authorities, giving them the benefit of the expertise of the Congress
and the experience of other European countries in the spheres of local and regional
democracy and transfrontier cooperation;

continue examining local and regional self-government in the Czech Republic and
submit a final report to the Congress as soon as the reform process is complete;

b. Invites the local and regional authorities of the Czech Republic, once the 14 regions
provided for by the Constitutional Law of 1997 have been established, to consider setting up
associations for the local authorities and the regions, so as to protect and promote their
respective common interests.
 LOCAL AND REGIONAL DEMOCRACY IN FRANCE

The Congress,

1. Having taken note of the report on local and regional democracy in France prepared
by MM. Moreno Bucci (Italy, L) and Jean-Claude Van Cauwenberghe (Belgium, R),
rapporteurs, and having adopted Recommendation 78 (2000) on this subject;

2. Considering the willingness of the French authorities to pursue the political debate on
decentralisation in France, particularly by establishing an ad hoc governmental commission
with a view to improving the legislative basis and the conditions for the exercise of territorial
autonomy, and wishing to make a constructive contribution to this debate;

3. Encourages French territorial elected representatives to commit themselves to

strengthening local and regional democracy in their country, and particularly to submit
practical proposals to the governmental and parliamentary authorities, through the
intermediary of their representative associations, in the context of the above-mentioned
debate;

4. Considers that these proposals should focus particularly on the following questions:

a) increased participation by representatives of territorial authorities in public decisions

concerning administrative planning and the administrative organisation of the national
territory,

b) clarification of the powers of territorial authorities, in response to their interlocking

nature and the growing use of contractual arrangements,

c) consolidation of territorial authorities' financial resources from taxation, through

reform of the corresponding legislative framework,

d) adoption of a series of coherent legislative measures to improve the status of territorial

elected representative,

e) ratification by the appropriate bodies of the European Charter of Local Self-

Government and acceptance of the Charter on the Participation of Foreigners in Public
Life at Local Level;
5. In the light of the above, instructs its Institutional Committee to:

a) follow developments in the political debate on continuing decentralisation in France

and keep it informed as appropriate of any development that might justify the
preparation of a second report;

b) consider holding an international conference in France to promote the European

Charter of Local Self-Government, with a view to its ratification.
The Congress,

Bearing in mind the proposal of the Bureau,

1. Having regard to Recommendation 56 (1999) on the Statutory Reinforcement and the

Revision of the Congress Charter,

2. Having regard to Recommendation 1409 (1999) and Resolution 1188 (1999) of the
Parliamentary Assembly on possible modifications to and updating of the Charter of the
Congress of Local and Regional Authorities of Europe (CLRAE),

3. Having regard to the report of the Committee of Wise Persons (November 1998), and in
particular paragraph 53,

4. Considering the adoption by the Ministers Deputies, on 15 March 2000, of Statutory

Resolution (2000) 1 on the CLRAE and of the CLRAE Charter and in particular Article 15 of
the latter,

adopts hereto the procedure for the election of the Chief Executive of the CLRAE, as set out
in the Appendix.
 APPENDIX

Procedure for the election of the

Chief Executive of the CLRAE

1. Vacancy notice

The post of Chief Executive shall be advertised by means of a Vacancy Notice under
an external recruitment procedure, prepared by the Secretary General and specifying the
requisite qualifications.

2. Submission of applications

a. Candidates shall be free to submit their applications directly.

b. Applications must reach the Secretary General of the Council of Europe by the closing
date specified in the Vacancy Notice.

3. Preliminary consideration of applications

a. Applications forwarded by the closing date shallundergo an initial examination by the

Secretary General in the light of the requirements stated in the Vacancy Notice.

b. Within a fortnight after the closing date specified in the Vacancy Notice, the Secretary
General shall transmit to the President of the Congress the list of candidatures
received, indicating the ineligible candidates (list A) and the candidates meeting the
requirements as stated in the Vacancy Notice (list B).

4. Nomination of candidates

a. The President of the Congress and the Presidents of each Chamber shall meet in order
to:

i. examine the list of candidatures transmitted by the Secretary General. Some

candidates may be asked to attend an interview;

ii. draw up from the list of candidates deemed eligible by the Secretary General a
short list of not more than five names for submission to the vote of the
Congress.

In drawing up the short list, the President of the Congress and the Presidents of the
Chambers shall have particular regard to the following requirements:

i. Recruitment of persons of the highest competence, integrity and aptitude for

the post to be filled.
 ii. Necessity, under the Council of Europe's equal opportunities policy, of
consistently ensuring parity in the numbers of men and women employed in
each category and grade.

iii. Need for equitable geographical distribution of vacancies among nationals of

member states. This Secretariat appointment shall not be considered the
prerogative of any one member state.

iv. Need to take into account the qualifications and experience of persons already
serving with the Council of Europe in order to offer members of the Secretariat
reasonable promotion prospects.

b. The President of the Congress and the Presidents of the Chambers shall report to the
Bureau of the Congress, which shall take the decision to transmit the final list of
candidates to the members of the Congress.

c. The final list and the Curriculum Vitaes of the short-listed candidates shall be
transmitted to the members of the Congress not later than one week before the Session
during which the election is to be held.

5. Procedure in the Congress of Local and Regional Authorities of Europe

a. The Congress shall conduct the election.

b. Voting shall be conducted by secret ballot. Two tellers chosen by lot shall count the
votes cast.

c. If, after the first ballot, no candidate has obtained an absolute majority of the votes
cast by representatives appointed to the Congress, the candidate who gains a relative
majority of the votes cast in the second ballot shall be declared elected. In the event of
a tie, the female candidate, if any, and otherwise the candidate who is senior in age,
shall be declared elected.

6. Term of office

a. The Chief Executive shall be elected for a term of five years and may be re-elected.

b. The Chief Executive's term of office shall terminate when he/she reaches the age limit
of that of officials of the Council of Europe, 65 years.
The Congress,

Having the proposal referred to from the Chamber of Local Authorities,

1. Having regard to the new Statutory Resolution (2000) 1 adopted by the Committee of
Ministers on 15 March and the new Charter of the Congress appended thereto;

2. Taking account of the proposals contained in Recommendation 56 (1999) of the

Congress on the statutory reinforcement and the revision of the Congress Charter, particularly
the provisions thereof which are not included in the texts approved by the Committee of
Ministers but which supplement them;

3. Taking account of a number of improvements to the text of the Rules of Procedure

based on the experience of six years' activity of the Congress;

Adopts the amendments to the Rules of Procedure of the Chamber of Local Authorities
which are appended to this Resolution.
 CLRAE
RULES OF PROCEDURE OF THE CHAMBER OF LOCAL AUTHORITIES

(Amendments to be made in application of the Charter

adopted by the Committee of Ministers on 15 March 2000
and following the decisions of the Bureau of the CLRAE of 10 April 2000)

Preliminary remarks:

1. For greater clarity, I would suggest that the word chamber should take a capital
letter only when referring to the two Chambers o f the Congress and that a lower case
c be used fo r the chambers o f the Standing Committee.
2. Likewise, it is suggested that "committee " be spelt with a capital "C" when referring to
the statutory Committees or the Standing Committee and with a small "c" when
referring to the committees o f the Chambers.
3. The meanings o f certain words need clarification: the terms "representative" and
"substitute" refer to the status o f the members o f the Congress as notified by the
national delegations, while the terms "full member" and "alternate" refer to the status
o f the members o f the Congress on committees. Accordingly, when it is proposed that
two alternates be appointed fo r each fu ll member o f a committee, it follows that
representatives may be fu ll members o f one committee and alternates on another.
4. Sentences borrowed wholesale from the Charter or the Statutory Resolution, and
which therefore cannot be amended, are printed in bold italics.
5. All references to rules in the Rules o f Procedure o f the Congress and the present Rules
o f Procedure are to be verified.

Chapter 1

Title of this chapter: session to be put into the plural.

Rule 2

1st paragraph: before the words transitional provision replace the word second by
first.

Rule 3

Rule 3.1
The reference should be to Article 5 (rather than Article 4) of the Charter.

Rule 3.4
2nd paragraph, 1st line, before the words working groups of the Chamber, insert the
words committees or.
 Rule 6

Rule 6.1
2nd paragraph, last line, in the French text replace the word excutifs by
conscutifs (this was an error in the French text and does not apply to the English version)

Rule 6.2
1st line, after the word Chamber delete the words of the Congress. (Redundant)
1st line, after the word Chamber insert having the status of representative.

Rule 7

Rule 7.1
Replace six by seven

Rule 7.2 (1st paragraph)

1st line, after the words voting paper add a footnote(1).
1st line, replace six by seven.
(Amendment on the penultimate line to the French text only)
Penultimate line, replace representative by member.
(This is in order to avoid any ambiguity if substitutes continue to be able to be Vice-
Chairs o f a Chamber)
Add footnote l: For the practical arrangements for this election, see the appendix to
these Rules of Procedure.

Rule 8

Change the initial letter of the word "Chamber" (of the Standing Committee) to lower
case.

Rule 8.1
Add the following words to this paragraph but only during the plenary meetings o f
the Standing Committee^ .
Footnote 2: See Article 4.2 of Statutory Resolution (2000) 1

Rule 9

Rule 9.1
Replace six by seven .

Rule 9.3
1st line, before set up add the words in exceptional cases.
The reference should now be to Article 10.1 (rather than 9.1) of the Charter.

Rule 9.4
Insert the following sentence at the beginning of the paragraph:
The Bureau of the Chamber of Local Authorities may meet only during the meetings
of the Bureau of the Congress(1).
Footnote 1: See Article 4.2 of Statutory Resolution (2000) 1."
 Change the initial letter of the word "Chamber" (of the Standing Committee) to
lower case.

Rule 13.6
After the words "referred to", add "the relevant committee of the Chamber or".

Rule 14

Rule 14.2
Replace adoption by approval.
{To be consistent with the terminology used in the Rules o f Procedure o f the Congress)

Rule 16

Delete (1) since this rule comprises a single paragraph.

a. Delete the words the Congress or {consequence o f Article 9.2 o f the Charter)
b. Replace appointments by elections.

Introduce a Chapter X (new)

Committees of the Chamber of Local Authorities

Rule 18 (new) Committees of the Chamber of Local Authorities

The rules of Procedure of the Congress on the statutory Committees shall apply mutatis
mutandis to the committees of the Chamber of Local Authorities"

Rule 18 (existing version)

Rule 18.1
The reference should be to Article 10.1 (rather than 9.1) of the Charter.
Before the words set up an ad h o d \ insert the words in exceptional cases.

Rule 18.4
Delete this paragraph.
{Explanation: This paragraph, dealing with working groups common to both Chambers, has
nothing to do with the Rules o f Procedure o f one o f the Chambers)

Rule 19 (existing version)

Delete the reference to Rule 32 paragraph 3 of the Rules of Procedure of the Congress
as it itself has been deleted. The relevant paragraph of Rule 33 of the Rules of Procedure of the
Congress is 8, rather than 9.
 Rule 20 (existing version)

The reference should be to Rule 38 (new) rather than Rule 34 of the Rules of Procedure
of the Congress.

Rule 21 (existing version)

Change the initial letter of the second occurrence of the word "Chamber" (of the
Standing Committee) to lower case.
After the words "Standing Committee", insert the following: ", the committees of the
Chamber".

Rule 22 (existing version)

Change the initial letter of the word "Chamber" (of the Standing Committee) to lower
case.
After the words "Standing Committee or", insert the following: ", of a committee of
the Chamber".
 Practical arrangements for the election
of Vice-Presidents of the Chamber

1. Such elections shall be held in the following places:

if the Chamber is meeting in the Assembly Chamber: in the area behind the President's
rostrum;
if the Chamber is meeting in a meeting room in the Palais de l'Europe: at the entrance
to the room.

2. A specific time-limit shall be set for these elections, but:

the meeting shall not be interrupted following the announcement of the start of the
voting, after a possible brief presentation of the candidates and the appointment of two
tellers by drawing of lots;
the members of the Chamber shall not be called to vote individually, but rather shall
place their ballot papers in the ballot box at any time within the specified time-limit.

3. The register of voters and the ballot box shall be placed on a table in one of the above
designated places; there shall be a second table on which members can fill out their ballot
papers.

4. The members of the Chamber shall sign the register of voters in the presence of a
member of the Secretariat.

5. In cases of doubt or dispute about a member's entitlement to vote, the matter shall, if
necessary, be submitted to the President, who shall take the final decision; no points of order
shall be permitted.

6. After verification that a member is entitled to vote, he or she shall be issued with a
ballot paper.

7. Voters shall place their ballot papers in the ballot box.

8. On expiry of the specified time-limit, the President shall ask whether any more
members wish to vote and, when all the votes have been cast, shall declare the voting closed.

9. Ballot papers shall be counted outside the meeting room directly after the vote, under
the supervision of the two tellers assisted by the Secretariat.

10. The result shall be announced by the President, if possible before the close of the
sitting or else at the opening of the following sitting.

11. The notices of proceedings shall contain detailed information on the running of the
election.
 THE FINANCIAL RESOURCES OF LOCAL AUTHORITIES IN RELATION TO
THEIR RESPONSIBILITIES: A LITMUS TEST FOR SUBSIDIARITY

based on the 4th general report on political monitoring of the implementation of the
European Charter of Local Self-Government
(Application of Article 3, paragraph 1, Article 4, paragraphs 1-5
and Article 9 of the Charter)

The Congress,

Having examined the proposal of the Chamber of Local Authorities,

1. Noting that the European Charter of Local Self-Government is the only international
treaty designed to protect the rights of local authorities in Europe and that, to date, 34 Council
of Europe member states have signed and ratified it, three member states have signed but not
ratified it and four others have yet to sign it43;

2. Noting that the Charter has become established as a legal and political benchmark for
the activities of the Council of Europes bodies in developing local democracy in the new
central and east European member states and that consequently, the Parliamentary Assembly
has decided to make it one of the conditions for accession to the Council of Europe, so that all
the member states should now be in a position to ratify it;

3. Considering that the Charter is also a valuable instrument for strengthening local
democracy in the older democracies of western Europe that wish to adapt their domestic
administrative system to the increasingly diverse needs of our societies, and, for these
reasons, was acknowledged as a legal safeguard for local self-government by the European
Unions Committee of the Regions and Local Authorities in its opinion on the application of
the principle of subsidiarity, adopted at its plenary meeting on 10 and 11 March 1999;

42 Debated and approved by the Chamber of Local Authorities on 23 May 2000 and adopted by the
Standing Committee on 25 May 2000 (see doc CPL (7) 3, draft Resolution, presented by Mr J.C. FRECON,
Rapporteur).
43 T he chart of signatures and ratifications of the Charter is set out in the Appendix to this resolution.
4. Recalling:

a) the agreement of the Committee of Ministers and the explanatory report on the
Charter, on the basis of which the Congress has, since 1994, been responsible for
political monitoring of the Charters implementation, through an ad hoc Congress
working group assisted by a group of independent experts representing the signatory
states. The working group carries out this duty by drawing up general reports on the
implementation of different articles of the Charter (ex officio monitoring) and by
examining direct complaints from local authorities alleging that their own state
authorities have failed to comply with the Charters provisions (monitoring on
request);
b) that the monitoring activities carried out by the working group since 1994 have led to
the adoption of three resolutions and three recommendations4 concerning compliance
with a large number of articles of the Charter and procedures for monitoring its
application. These texts, addressed to the Committee of Ministers, were based on three
separate monitoring reports and the preliminary version of a fourth report and were
drawn up between 1994 and 1998 by the working group, assisted in each case by the
group of independent experts;

c) that in order to validate these reports and to raise awareness of the Charter (following
the conference held in Barcelona from 23 to 25 January 1992, which played a decisive
part in the setting up of the current system for political monitoring by the Congress of
the Charters implementation), the working group has held a number of specific
international conferences, viz:

i) the conference celebrating the 10th anniversary of the Charter, organised

jointly by the Committee of Ministers of the Council of Europe and the Danish
Interior Ministry and held in Copenhagen on 17 and 18 April 1996;

ii) the conference on the application of the European Charter of Local Self-
Government by the courts, held in Barcelona from 24 to 26 April 1997;

5. Welcoming these activities, in particular the procedure followed for drawing up the
first three reports on political monitoring of the implementation of the Charter, which has
made it possible to establish and maintain frank, constructive dialogue with the authorities of
the signatory states, by means of co-operation with the Committee of Ministers through the
Council of Europes Steering Committee on Local and Regional Democracy (CDLR);

6. Welcoming the fact that the Congresss work on political monitoring of the Charters
implementation has been reinforced by the statutory reform which recently led to its
restructuring, so that it has consolidated its role as the political guarantor of local self-
government throughout Europe and of the application of the subsidiarity principle within the
Council of Europes member states;
7. Further to the examination of the new report on political monitoring of the Charter,
drawn up by the working group, on The financial resources o f local authorities in relation to
their responsibilities: a litmus test fo r subsidiarity45, which represents the culmination of
the fourth ex officio monitoring assignment and is also based on the conclusions of a further
international conference held by the working group in Ancona (Italy) from 14 to 16 October
1999 on the theme The Council o f Europe Charters o f Local and Regional Self-Government:
Subsidiarity in Action. Responsibilities andfinances o f local and regional authorities'" ;

8. Expresses its profound concern at the inadequate implementation of Article 9 of the

Charter, concerning the financial resources of local authorities, and in particular:

a) at the trend towards fewer local authorities' "own" resources in a large number of
Council of Europe member States;

b) that these authorities resources are in many cases not commensurate with the
responsibilities assigned or delegated to them by other authorities;

9. Considers that ongoing negotiation on an equal footing must take place between local
authority representatives and the relevant regional and/or national authorities in order to
achieve stability in local financial resources and ensure that they are commensurate with the
local authorities responsibilities and reflect cost trends;

10. Invites local authorities as well as their representative associations:

a) to pay close attention to the finances they are allocated to exercise the responsibilities
assigned or delegated to them;

b) to demand the setting up of joint central/local authority committees to assess the

balance between resources and responsibilities46,

c) if the decentralisation of new taxes is not feasible, to negotiate financial stability pacts
with the central authorities to ensure that the level of local resources remains relatively
stable;

d) to consider the optimum level of apportionment of responsibilities between the central

and local authorities;

e) to make choices regarding the extent of the responsibilities which they are prepared to
discharge (for example, in relation to their population);

45 This principle is defined in Article 4, paragraph 3 of the Charter: Public responsibilities shall
generally be exercised, in preference, by those authorities which are closest to the citizen. Allocation o f
responsibility to another authority should weigh up the extent and nature o f the task and requirements o f
efficiency and economy^.

46 This measure was also proposed in Congress Recommendation 64 (1999) on the situation of
local finances in Germany.
f) to ensure that the resources transferred to them are open-ended (as is the case with
taxes) or may be re-assessed;

g) on a more general level, to exercise caution in examining proposals presented to them

regarding the transfer of responsibilities and to state their views when the transfer
takes place;

11. Considers that:

a) the principle of subsidiarity also entails full devolution of administrative powers to the
authorities that are closest to the citizen, and a large measure of flexibility in the
assignment of such powers to large towns and cities, on the one hand, and to small
towns, rural municipalities and intermediate-level authorities, on the other;

b) the application of this principle in governing relations between local authorities,

regions, central or federal governments and, for the countries concerned, the European
institutions, requires the national, regional and, where appropriate, European
legislatures to refrain from excessive regulation in matters that fall within the remit of
local or regional authorities, which must enjoy sufficient room for manoeuvre;

c) the equivalence between the financial resources and responsibilities of local authorities
is a particularly significant testing ground for the implementation of the subsidiarity
principle by central and regional as well as European authorities vis--vis local
authorities;

12. Determined to continue its efforts to apply the principle of subsidiarity in relations
between all tiers of government throughout Europe, as part of a coherent, harmonised
European system of legal safeguards:

a) is willing to consolidate its function as the political guarantor of the principle of

subsidiarity in relations between different levels of central or federal, regional and
local government within individual states, on the basis of the European Charter of
Local Self-Government;

b) wishes to hold an international conference for representatives of the national judicial

authorities, in order to examine the legal conditions for implementing the provisions of
the European Charter of Local Self-Government in ratifying countries;
13. Believes that safeguards for the principle of subsidiarity at all levels of government
will be incomplete until the Committee of Ministers of the Council of Europe adopts the draft
European Charter of Regional Self-Government. In this connection, the Congress points out
that this draft convention is complementary to the European Charter of Local Self-
Government and has already won the unanimous support of the Council of Europes
Parliamentary Assembly, the Assembly of European Regions and the Council of European
Municipalities and Regions;

14. Pays tribute to the efforts of the European Unions Committee of the Regions and
Local Authorities to become the guarantor within the EU institutions for the application of the
principle of subsidiarity as enshrined in Article 5 of the Treaty on European Union. In this
connection, the Congress stresses the need for the European Union to apply this principle, not
only in its relations with its member states, but also with regard to regions and local
authorities, in particular when adopting legal measures regulating matters within their sphere
of competence;

15. Welcomes the fact that the Committee of the Regions and Local Authorities has
intensified its efforts in pressing for a revision of the Treaty on European Union at the
forthcoming intergovernmental conference on the Union, in order to extend the scope of the
principle of subsidiarity to local and regional authorities, having regard to the principles set
forth in the European Charter of Local Self-Government and, possibly in the near future, the
European Charter of Regional Self-Government;

16. Considers that the systems that would then be in place, within the Council of Europe
and the European Union respectively, would provide a European system of legal and political
safeguards for local and regional self-government in the Europe of the new millennium; a
dynamic, progressive new culture of subsidiarity could then take on the challenges of
globalisation and European integration, while ensuring respect for human rights and meeting
the requirements of democracy and diversity throughout Europe;

17. Recalls its support for the work carried out by the United Nations in drawing up a
World Charter of Local Self-Government and confirms its readiness to continue paying close
attention to the drafting of the charter.
 APPENDIX

EUROPEAN CHARTER OF LOCAL SELF-GOVERNMENT

ETS n : 122
Treaty open for signature by the member States.
Status as of : 18/04/00
OPENING TO SIGNATURE :
Place : Strasbourg
Date : 15/10/85
ENTRY INTO FORCE :
Conditions : 4 Ratifications.
Date : 01/09/88
_______Member States of the Council of Europe:_______
Date of Date of Date of entry Note O
States R. D. A. T. C.
signature ratification into force s
Albania 27/05/98 04/04/00 01/08/00
Andorra
Austria 15/10/85 23/09/87 01/09/88 X
Belgium 15/10/85
Bulgaria 03/10/94 10/05/95 01/09/95 X
Croatia 11/10/97 11/10/97 01/02/98 X
Cyprus 08/10/86 16/05/88 01/09/88 X
Czech Republic 28/05/98 07/05/99 01/09/99 X
Denmark 15/10/85 03/02/88 01/09/88 X X
Estonia 04/11/93 16/12/94 01/04/95 X
Finland 14/06/90 03/06/91 01/10/91
France 15/10/85
Georgia
Germany 15/10/85 17/05/88 01/09/88 X X
Greece 15/10/85 06/09/89 01/01/90 X
Hungary 06/04/92 21/03/94 01/07/94 X
Iceland 20/11/85 25/03/91 01/07/91
Ireland 07/10/97
Italy 15/10/85 11/05/90 01/09/90 X
Latvia 05/12/96 05/12/96 01/04/97 X
Liechtenstein 15/10/85 11/05/88 01/09/88 X
Lithuania 27/11/96 22/06/99 01/10/99
Luxembourg 15/10/85 15/05/87 01/09/88
Malta 13/07/93 06/09/93 01/01/94 X
Moldova 02/05/96 02/10/97 01/02/98
Netherlands 07/01/88 20/03/91 01/07/91 X X
Norway 26/05/89 26/05/89 01/09/89
Poland 19/02/93 22/11/93 01/03/94
Portugal 15/10/85 18/12/90 01/04/91
Romania 04/10/94 28/01/98 01/05/98 X
Russia 28/02/96 05/05/98 01/09/98
San Marino
Slovakia 23/02/99 01/02/00 01/06/00 X
Slovenia 11/10/94 15/11/96 01/03/97 X
Spain 15/10/85 08/11/88 01/03/89 X X
 Sweden |04/10/88 |29/08/89 |01/12/89 |x
Switzerland
|the former Yugoslav Republic of Macedonia |14/06/96 [06/06/97 [01/10/97
|Turkey 21/11/88 09/12/92 01/04/93 k
Ukraine 06/11/96 11/09/97 01/01/98
|03/06/97 jo1/08/98 __ _ _ _ _

C\J

CT>
CO
United Kingdom k
Non-member States of the Council of Europe:
Date of Date of Date of entry
States Notes R. D. A. T. C. O.
signature ratification into force
International Organisations :
Date of Date of Date of entry
Organisations Notes R. D. A. T. C. O.
signature ratification into force
Notes :
(a) Accession - (s) Signature subject to ratification - (su) Succession - (r) Signature "ad referendum".
R.: Reservations - D.: Declarations - A.: Authorities - T.: Territorial Application - C.: Communication -
O.: Objection.
 HISTORIC TOWNS IN EUROPE

The Congress,

Bearing in mind the proposal of the Chamber of Local Authorities,

1. Affirms that historic towns and cities throughout Europe are the context within which
much of the world's most significant cultural heritage is experienced and enjoyed; that they
tell the story of Europe's social, economic and physical evolution; and are home to some of
the finest examples of architectural expression through the ages;

2. Considers that historic towns are invariably at the heart of the cultural life of their
region, attracting millions of visitors and making a significant national and European
economic contribution;

3. Notes that, whilst historic towns are currently facing unprecedented challenges at the
beginning of the third millennium, they have, however, a unique record of adapting to change
and offer a model for all towns striving to secure a sustainable future;

4. Adds that, whilst most towns in Europe have managed to retain their historic core,
there are others where local authorities do not always have sufficient resources or expertise to
safeguard their heritage;

5. Considers that one of the main challenges affecting such communities is the
achievement of a balance between historic preservation and economic development;

6. Believes however that the protection of the legacy of the past is an investment for the
future and that it should be recognised that conservation policies can promote economic
growth, help reduce unemployment and promote social cohesion, through the reflection of
community pride and continuity;

7. Considers that it is important that local authorities are able to benefit financially from
increased resources brought about by tourism;

8. Recalls the series of European symposia, organised by the earlier Standing Conference
which highlighted, at the time, the main questions affecting local authorities in Europe in
dealing with their historic heritage (see Appendix 1);
9. Believing that there is a case for reviving such symposia, particularly given the
geographical expansion of the Council of Europe and that much of the expertise arising from
such symposia would be of value to new member countries;

10. Welcoming the current Council of Europe campaign on "Europe: a common heritage",
in which local authorities play a significant role, both as members of the national committees
organising the campaign and as a vehicle for some of the pilot projects designated to illustrate
the themes of the campaign;

11. Welcomes, in this context, the establishment of a European Association of Historic

Towns and Regions by the CLRAE, both as a contribution to the Campaign and as a valid
mechanism in its own right for furthering the cause of historic towns in Europe;

12. Wishes to recall, in this respect, the Aims, Principles and Objectives of the
Association, which appear as Appendix 2 to this Resolution;

13 ASKS LOCAL AUTHORITIES IN EUROPE TO ADOPT A SUSTAINABLE

APPROACH TO THE FUTURE MANAGEMENT OF HISTORIC TOWNS AND IN
PARTICULAR TO: -

ENVIRONMENT AND URBAN PLANNING

14. Integrate conservation policy into all other sectoral policies affecting the urban
environment, eg., for infrastructure, transport management, environmental protection,
accepting that conservation policies can only be effective if they form part of comprehensive
urban management;

15. Recognise the economic, social and cultural importance of their historic heritage and
archaeology and, accordingly, allocate sufficient resources to their protection and
enhancement;

16. Ensure that legislation on the protection of monuments and sites should apply, without
exception, to all public institutions and to major economic and commercial enterprises and
interests;

17. Accept the need for an integrated approach to land use and transportation planning,
recognising the crucial role of good quality public transport in ensuring both accessibility and
improvement to what otherwise would have been a dull or monotonous environment;

18. Accept the survival of the historic heritage depends upon it being given worthwhile
contemporary use that can restore and maintain the fabric as well as add vitality to the
experience of the historic centre e.g. retailing;

19. Give preference to the re-use of the existing built environment including rehabilitation
of "brown field" sites and existing properties rather than the construction of new housing
estates, particularly on the outskirts of towns and give priority to the creation of attractive
urban environments without leading to intrusion into the countryside;
20. Support the need to promote high quality modern architecture and urban design that
reflects the contribution of the 21st Century to the quality of historic towns;

ECONOMY

21. Create a mix of functions in historic communities, with the provision particularly of
retailing, housing, small-scale commercial uses and street activities, events and festivals in
order to maintain and secure the vitality and viability of historic centres;

22. Recognise the importance of developing complementary economic strategies that

reflect the importance of the cultural heritage as a positive contribution to both economic well
being and quality of life;

23. Promote tourism as an important economic activity which can bring much needed
investment but which needs to be managed to ensure that economic benefits are not secured at
the cost of environmental deterioration;

24. Explore the importance of the emerging 'knowledge' economy as an important

provider of sustainable economic activity in areas of high quality of life, such as historic
towns.

SOCIAL FIELD

25. Bear in mind that economic development and policies for the protection of the historic
heritage should be accompanied by complementary social measures - planning for living
communities including social housing and the development of policies relating to the safety
and security of town centres;

26. Ensure the participation of the population in all decisions having a major impact on
the cultural and historic heritage, recognising that community involvement in democratic
decisions affecting historic towns is a major factor in securing sustainability and social
inclusion;

27. Recognise the importance of maintaining and enhancing local identity as a key factor
in developing social cohesiveness and civic pride.

FINANCE, RESOURCES AND PARTNERSHIP

28. In relation to finance, accept that financial resources are required not just for
rehabilitation of the heritage, but also for its maintenance and management; equally, resources
are required for the improvement of whole areas around buildings and not just the buildings
themselves;

29. Develop enlightened, clear and firm urban planning and management by the local
authority to create a favourable context for conservation in order to use to maximum
advantage available financial resources and attract additional resources from the private
sector;
30. Seek to use the following fiscal and financial mechanisms:

taxation on owners who wilfully let their historic properties deteriorate;

architectural assistance bureaux, provided by local authorities for owners and

shopkeepers wishing to restore their properties;

revolving funds, low interest loans, fiscal incentives for owners and tenants to
rehabilitate property, partnership schemes between national and municipal
administrations and residents;

possibilities of purchase of historic buildings at low cost, provided they are

subsequently improved;

low VAT ratings and favourable fiscal conditions in relation to succession.

31. Develop mechanisms for co-operation between public and private sectors, through
discussions in advance of development and joint ventures aimed at attracting private sector
funding;

32. Agree to participate in partnership projects with other historic towns to secure funding
and to facilitate skill exchanges to share expertise and good practice.

PROMOTION AND PUBLICITY

33. Believe that improved information, publicity and policies for public relations have a
fundamental role to play in successful restoration schemes;

34. Accept that information and publicity should be, from the beginning, an integral part
of conservation and urban regeneration programmes, with its own budget and a personnel
responsible for providing information to and from residents, building contractors, investors,
etc, about such programmes;

35. Accept equally that the marketing and promotion of exemplary projects, the
improvement of the image of a region or town as a stimulus to investment and the belief in
architectural preservation as a selling point should be integral elements in all major
improvement programmes;

36. Recognise that mechanisms for improving the flow of information can include the use
of exhibitions, audio-visual material and the Internet; small-scale workshops with residents,
high profile media events; high quality publications; emblems and logos; and, particularly, the
encouragement of the involvement of children in well-publicised restoration schemes.

37. Encourage the establishment where they do not yet exist of national associations of
historic towns in respective countries;

38. Encourage the membership of the European Association of Historic Towns and
Regions by national associations of historic towns, where they exist;
39. Ask local authorities to play their full part in the current Campaign of the Council of
Europe, "Europe: a Common heritage" and in its follow-up;

ASKS THE CLRAE TO:-

40. support the work and objectives of the European Association of Historic Towns and,
to this end, asks the relevant specialised committee to examine the most appropriate way of so
doing;

41. consider the organisation of a future Symposium on historic towns on a theme, date
and place to be proposed by the relevant specialised CLRAE Commission, in consultation
with the Bureau of the Association of Historic Towns and Regions;

42. play its full part in any follow-up to the current Campaign of the Council of Europe
"Europe: a common heritage";

43. encourage the strengthening of existing partnerships between historic towns and the
establishment of new partnerships.

44. encourage the exchange of information between historic towns through the
establishment of respective Web sites.
 APPENDIX 1

SERIES OF EUROPEAN SYMPOSIA OF HISTORIC TOWNS

1971 - 92

European Symposium on Towns of Historic Interest, Split (Yugoslavia), 20-23 October 1971

Second European Symposium of Historic Towns, Strasbourg (France), 30 September -

2 October 1976

Third European Symposium of Historic Towns, Munich/Landshut, Bavaria (Germany),

29 November - 1 December 1976

Fourth European Symposium of Historic Towns, Fribourg (Switzerland), 14-16 October 1981

Fifth European Symposium of Historic Towns, Seville (Spain), 8-10 May 1985

Sixth European Symposium of Historic Towns, Cambridge (United Kingdom),

20-22 September 1989

Seventh European Symposium of Historic Towns, Istanbul (Turkey), 16-18 September 1992
 APPENDIX 2

AIM. PRINCIPLES AND OBJECTIVES OF THE EUROPEAN ASSOCIATION

OF HISTORIC TOWNS AND REGIONS

AIM

To promote the interests of Europe's historic towns and regions.

PRINCIPLES

The Association will aspire to uphold the key principles of democratic accountability
and member solidarity in pursuing its aims and objectives and in carrying out its activities.

OBJECTIVES

Establish international co-operation in the fields of urban conservation and cultural

heritage through: -

the creation and development of a European network of historic towns associations;

assistance with the establishment of national associations of historic towns in countries

where they do not yet exist;

collaboration with other relevant European institutions and organisations to ensure

effective co-ordination and involvement;

regional co-operation between historic towns;

Participate in campaigns relating to Europe's cultural heritage such as those organised

by the Council of Europe and the European Union;

Share experience and good practice on all aspects of urban conservation and
management of Europe's cultural heritage;

Promote the vitality and viability and sustainability of historic towns in the belief that
conservation of cultural heritage promotes economic and social development;

Seek to ensure that European policy making bodies recognise and reflect the specific
needs and interests of historic towns and their inhabitants;

Promote appropriate national legislation to protect and enhance the historic heritage of
European historic cities;
 Raise public awareness about the importance and value of Europe's cultural heritage;

Encourage and support European partnerships between historic towns including

assistance with bidding for finance and projects;

Promote and facilitate education and training in the fields of urban management and
cultural heritage.
 CRIME AND URBAN INSECURITY IN EUROPE:
THE ROLE OF LOCAL AUTHORITIES

The Congress,

Bearing in mind the proposal of the Chamber of Local Authorities,

1. Recognises that dealing with crime and establishing secure conditions in urban areas
in Europe is a priority for European local authorities;

2. Records, as a consequence, its own work on the subject over recent years, conducted
by its Working Group "Crime and Urban Insecurity" (President Mr Jan Mans (NL)), which
has included the preparation of reports for the Plenary Session of the Chamber of Local
Authorities in 1996 (Mr Ries) and 1997 (Mr Mans), in which a number of proposals were
made to local and national authorities in Europe;

3. Observes that a substantial number of such proposals are now current practice in local
and national policies for crime reduction in a number of member countries;

4. Recalls also the series of Conferences on the subject which have taken place:

Erfurt (Germany), 26-28 February 1997, on "Crime and urban insecurity in Europe: the
role and responsibilities of local and regional authorities";

Newcastle-upon-Tyne (United Kingdom), 29 April - 1 May 1998, on "Tackling crime

and urban insecurity in Europe through co-operation between local authorities and
police"

Petrozavodsk (Federation of Russia), 16-18 September 1999, on "The role of local

authorities in combating crime".

5. Draws attention to the next two Conferences in the series, to be held respectively in
Szczecin, Poland (18-20 October 2000) on "The relationship between the physical urban
environment and crime reduction" and Enschede, Netherlands (September 2001) on "Local
authorities and transfrontier crime";
6. Wishes furthermore to point out the preparation by the Working Group of a European
Manual for Local Authorities on Crime Reduction, currently under preparation, which will be
presented to the World Conference on Security and Democracy to be held in Naples, in
December 2000 and to the Plenary Session of the Chamber in 2001;

7. Welcomes the fact that combating crime and terrorism was a significant priority in the
Final Declaration of the Second Summit of Heads of State and Government of the Council of
Europe;

8. Recalling the European Urban Charter which refers to the right of European citizens to "a
secure and safe town, free, as far as possible, from crime, delinquency and aggression"; and
Article 29 of the Amsterdam Treaty by which the European Union must aim to provide citizens
with a high level of safety within an area of freedom, security and justice by developing common
action among the Member States in the fields of police and judicial cooperation in criminal
matters;

9. Wishes to record the strengthening of international bodies such as Europol and the
successful networking activities of the European Forum for Urban Safety; the European
Centre for Crime Prevention and the International Centre for the Prevention of Crime;

10. Welcomes the recent CEMR report on urban mobility and insecurity which examined the
way in which the planning of public and private transport can help reduce crime;

11. Welcomes also the recent Opinion on Crime and Safety in Cities formulated by the
Committee of Regions which calls for European Union programmes in action on the subject;

12. Desires to draw together the results of its work into a series of observations about
crime and urban insecurity in Europe as follows:-

* * *

General situation

13. Crime, whether this be organised crime, drug related crime, juvenile delinquency,
vandalism, burglary, anti-social behaviour, civic disorder, is of major concern to public
authorities and the public alike in Europe;

14. To this genuine concern is added the fear of crime, whether this be real or perceived -
a fear often exacerbated by the media;

15. Crime affects a significant percentage of the population; has high social and economic
costs; causes a great deal of human suffering; and impedes citizens enjoying freely the
benefits of material well-being;
16. Of particular concern are the increase in organised crime; juvenile crime; the increasingly
young age of offenders; the emulation by young people of criminal role models; the increase in
petty crime and anti-social behaviour; violence at home and violence against women;

17. The judicial system is not always sufficiently adapted to protect citizens adequately; and
the criminal justice system is not always seen as a sufficient deterrent;

18. Frontiers can easily be crossed by criminal activities, particularly with the assistance
of modern technology, whereas they still act as a barrier to police work and policies for
prevention and repression;

Causes and effects

19. Amongst the principal causes of crime are: economic change and/or decline; difficulties
in securing legally an adequate income or living conditions; increased opportunities and
decreased social control; social deprivation and exclusion; a poor or monotonous physical
environment; inadequate housing; family problems; harmful effects of media violence; and, in a
wider setting, the impact of zones of inter-ethnic conflict in Europe;

20. Political and social change in Europe, with increased freedom of movement, has resulted
in a change in the type of crime, for example, high incidence of drug abuse and drug offences;
racist attacks: a spectacular extension and sophistication of international organised crime; illegal
smuggling of immigrants and clandestine immigration; economic fraud; diverting of raw
materials; covert arms dealing, and concentration of criminal activities along new borders;

21. Such developments undermine public confidence in the democratic process, stimulate
extremist movements, can provoke an anti-European sentiment and threaten human rights and
democratic institutions;

22. Abuse of public position for private gain has also significantly reduced public confidence
in the capacity of the political system to deal satisfactorily with this major problem;

Partnership solution

23. Considering that crime reduction is cheaper than repression; requires national and local
political leadership and police commitment; a structured partnership rather than single agency
action; an understanding that a safe community contributes to local prosperity; a conviction
that other partners, particularly local authorities, are imperative; and, above all, a belief that
local problems require local solutions;
24. Particularly welcome is new legislation, such as in the United Kingdom, where the
Crime and Disorder Bill imposes an obligation of partnership between local authorities and
police forces; and legislation which is intended to revise the structure and system for the care
of young people;

ASKS LOCAL AUTHORITIES TO:

General strategy

25. Recognise crime reduction and prevention as a key policy area and allocate
accordingly the necessary resources;

26. Consider crime prevention as a joint responsibility of different sectors of society and
therefore encourage the development of multi-sectoral bodies for combating crime at a local
level, and a broad-based, balanced, multi-agency approach or coordination of public
authorities, politicians, the private and voluntary sectors, media, universities, police and local
residents and the public as a whole;

27. To this effect, establish local partnership groups or Commissions, accompanied by the
necessary budgetary and operational resources to enable them to be effective;

28. Prepare as a consequence a plan which defines the nature and type of crime to be
tackled, objectives, timetable, proposals for action and be based on a wide-ranging up-to-date
survey of statistics and diagnosis of crime;

29. Develop a more pro-active approach, anticipating and preventing problems rather than
addressing them afterwards and favouring a long-term rather than a short-term approach;

30. Strengthen public involvement, through neighbourhood watch schemes and other
mechanisms which encourage citizens to stand up for their beliefs; protect their own safety and
welfare; and recognise their civic duty to combat discrimination and take a positive stand against
crime;

31. Encourage the local manufacturing and commercial industries to carry out situational
prevention, ie., measures to reduce opportunities to commit offences and to increase the chance
of detection;

32. Work closely with relevant specialist non-governmental organisations, recognising their
value as a source of practical experience, information and networking possibilities;
Urban planning

33. Develop a community safety dimension in policies for urban planning eg., mix of
residential/commercial functions, shopping facilities in housing areas, improvements to the
physical urban environment, provision of open space; proximity of schools to residential
areas;

34. Take active steps to eradicate known criminal activities in particular areas within their
municipal boundaries and avoid creating disadvantaged and deprived sectors of society,
particularly those who feel they have nothing to lose;

35. Take particular steps to improve the physical urban environment (lighting, open space,
reduction of graffiti, litter) in the belief that an unsatisfactory environment is one of the causes of
crime; and prepare and distribute explanatory brochures for the public on such causal
relationships;

36. Conduct strategies aimed at reducing public concern about crime and fear of crime
associated with travelling on bus, cab, underground or rail or by walking, cycling or driving;

Social field and education

37. Devise targeted policies against violence in the family; against the culture of violence;
against inequality of race, religion, social background and gender; and foster the notion of
citizenship;

38. Help establish an economic and social environment in order to make crime more difficult
eg., control and supervision of property ownership; ensuring that the provision of public services
is democratically accountable; stimulating employment and legal business initiatives; and
improving social conditions;

39. Devise and conduct drug and alcohol abuse programmes, in partnership with health
and social services; develop information programmes particularly for young people inside and
outside schools; promote awareness of crime prevention in education and youth programmes;
promote sporting and recreational activities, particularly in deprived urban areas;

40. Strengthen informal social control through appropriate policies for a mix of residential/
commercial functions, adequate shopping facilities in housing areas, juxtaposition of schools and
residential homes, etc;

41. Promote and reward civic courage, for example, in guaranteeing the protection of
witnesses;

42. Develop victim aid and support schemes;

Police, security forces and judicial authorities

43. Secure the necessary agreements, with relevant governmental and police authorities, to
consider the establishment of municipal police forces, in the belief that such forces have a
good understanding of local conditions and are in the best position to develop a sense of
confidence with local communities;

44. Ensure that such municipal police forces, once established under clear legislation, are
placed under local authority control, have clear responsibilities, adequate finance, a high standard
of technical equipment and qualified personnel and are able to function effectively in a practical
manner;

45. Develop a system for co-operation between national and municipal police forces, with
clarification of their complementary but distinct roles;

46. Strengthen collaboration and advisory networking between themselves, the police and
the public in specific matters such as partnership in decisions about police zoning and timing of
local beats and mobile patrols; provision of advice to citizens on reduction of opportunities for
crime and theft;

47. Encourage police forces to reflect, in their composition, the diversity of the local
population structure;

48. Discourage the proliferation of independent security forces, often operating outside
democratic control;

49. Develop cooperation with the relevant judicial authorities, in order to clarify and
strengthen complementary respective roles in crime prevention and control;

ASK THE CLRAE TO:

50. Ensure that the reduction of crime and urban insecurity continues to be considered as a
priority activity in the work of the future relevant specialised committee of the CLRAE and in
the CLRAE as a whole;

51. Present the Manual on Local Authority Policies for Crime Reduction to the
Conference on Security and Democracy, Naples, 7-9 December 2000, and subsequently to the
Session of the CLRAE in 2001;

52. Encourage partnerships between towns on crime prevention particularly those with
innovative successful approaches;

53. Consider the organisation of meetings of Mayors/their senior representatives and/or

Chiefs of Police in order to discuss informally common approaches to crime reduction;
54. Continue to cooperate with relevant outside NGO's such as the European Forum for
Urban Safety, International Centre for the Prevention of Crime and the European Centre for
Crime Prevention;

55. Cooperate with the Parliamentary Assembly of the Council of Europe in the steps taken
towards creating a European Observatory for Crime Prevention, as proposed at the CLRAE
Conference held in Petrozavodsk (see above, item 4).
 THE SITUATION OF LOCAL DEMOCRACY IN
THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA

The Congress,

Bearing in mind the proposal of the Chamber of Local Authorities,

1. Having examined the state of local democracy in the former Yugoslav Republic of
Macedonia on the basis of the report presented by Jean-Claude Frcon (France), and taking
account of Recommendation 82 (2000) on this subject;

2. Considering the difficulties municipalities in the former Yugoslav Republic of

Macedonia are encountering and the major reforms due in the country in terms of local self-
government, local finance and local and regional administrative bodies;

3. decides:

to monitor closely the implementation of the Recommendation on the state of local

democracy in the former Yugoslav Republic of Macedonia;

to submit a fresh report on the matter within two years at the latest;

to continue with the organisation of the Forum of Cities and Regions of Europe due to
be held in Skopje in autumn 2000 as part of the activities under the Stability Pact;

4. Bearing in mind the draft laws submitted by the Ministry of Local Self-Government,
the comments prepared by the Ministry of Foreign Affairs and the the former Yugoslav
Republic of Macedonia" s authorities request for expert evaluation of legislative texts,
confirms the undertakings entered into by the Rapporteur during his visits to the former
Yugoslav Republic of Macedonia and affirms its willingness to respond positively to "the
former Yugoslav Republic of Macedonia" s governments wishes regarding discussion of
draft laws;

5. Invites the former Yugoslav Republic of Macedonia" s government to submit new

legislative developments to the Congress before the preparation of the Rapporteurs second
report on the situation of local democracy;
6. Invites the Bureau of the Congress to consider the possibility of taking part in the
monitoring of the local elections scheduled for November 2000, especially in the politically
sensitive areas of the country;

7. Noting with satisfaction the Assembly of European Regions decision to extend its
Centurio training programme to south-east European countries, including the former Yugoslav
Republic of Macedonia;

8. Urges European towns and regions to establish partnerships with municipalities in the
former Yugoslav Republic of Macedonia and to foster information and training exchanges;

9. Urges European towns and regions to support the efforts of the Local Democracy
Agency in Ohrid to develop local democracy and dialogue between different communities.
 THE REVISION OF THE RULES OF PROCEDURE OF
THE CHAMBER OF REGIONS

The Congress,

Having the proposal referred from the Chamber of Regions,

1. Having regard to the new Statutory Resolution (2000) 1 adopted by the Committee of
Ministers on 15 March and the new Charter of the Congress appended thereto;

2. Taking account of the proposals contained in Recommendation 56 (1999) of the

Congress on the statutory reinforcement and the revision of the Congress Charter, particularly
the provisions thereof which are not included in the texts approved by the Committee of
Ministers but which supplement them;

3. Taking account of a number of improvements to the text of the Rules of Procedure

based on the experience of six years' activity of the Congress;

ADOPTS THE AMENDMENTS TO THE RULES OF PROCEDURE OF THE

CHAMBER OF REGIONS WHICH ARE APPENDED TO THIS RESOLUTION.
 CLRAE
RULES OF PROCEDURE OF THE CHAMBER OF REGIONS

(Amendments to be made in pursuance of the Charter

adopted by the Committee of Ministers on 15 March 2000
and following the decisions of the Bureau of the CLRAE of 10 April 2000)

Preliminary remarks:

1. For greater clarity, it is suggested that the word chamber should take a capital letter
only when referring to the two Chambers of the Congress and that a lower case c be
used for the chambers of the Standing Committee.
2. Likewise, it is suggested that "committee" be spelt with a capital "C" when referring to
the statutory Committees or the Standing Committee and with a small "c" when
referring to the committees of the Chambers.
3. The meanings of certain words need clarification: the terms "representative" and
"substitute" refer to the status of the members of the Congress as notified by the
national delegations, while the terms "full member" and "alternate" refer to the status
of the members of the Congress on committees. Accordingly, when it is proposed that
two alternates be appointed for each full member of a committee, it follows that
representatives may be full members of one committee and alternates on another.
4. Sentences borrowed wholesale from the Charter or the Statutory Resolution, and
which therefore cannot be amended, are printed in bold italics.
5. All references to rules in the Rules of Procedure of the Congress and the present Rules
of Procedure are to be verified.

Rule 1

Rule 1.1
Reference to Statutory Resolution (2000) 1.

Rule 2

Rule 2.2
Add the following provisions to this paragraph:
"Representatives must be from authorities placed between central government and local
authorities and enjoying prerogatives either o f self-organisation or o f a type normally
associated with the central authority and having a genuine competence to manage, on their
own responsibility and in the interests o f their populations, a substantial share o f public
affairs, in accordance with the principle o f subsidiarity. I f a country has authorities which
cover a large area and exercise both local and regional responsibilities, Representatives o f
such authorities shall also be entitled to sit in the Chamber o f Regions. A list o f these
authorities shall be provided in the context o f the national appointment procedure.
Member States which do not have regional authorities within the meaning o f this
paragraph shall be able to send Representatives to the Chamber o f Regions and its organs
in an advisory capacity. ^ and2l"
 Footnotes:
nl. This provision does not affect the participation of these Representatives as full
members of the plenary Congress and its organs."
"2. See Article 2.4 of the Charter."

Rule 2.3
After the words "Bureau of the Congress", end the sentence as follows: "as soon as
possible."
{Harmonisation with the amendment to Rule 2 bis.l o f the Rules o f Procedure o f the
Congress)

Rule 3

Rule 3
Change the initial letter of the word "Chamber" (of the Standing Committee) to lower
case.
After the words "Standing Committee ", insert the following: ", the committees".
Use the lower case for the word "groupes" in the French text.

Rule 5

Rule 5.1
1st line, after the word "Regions", insert the words "having the status of
representative".
last line, replace the words "one hour" with "three hours".

Rule 5.3
Second sentence: replace the word "simple" with "relative".
{Harmonisation with the other two sets o f Rules o f Procedure).

Rule 6

Rule 6
Heading: add a (1) with the following footnote:
See Appendix to these Rules of Procedure for procedural details of such
elections".

Rule 6.1
1st line, replace the word "six" with "seven".

Rule 6.3
2nd line, replace the words "one hour" with "three hours".

Rule 6.4
2nd line, replace (twice), the word six" with "seven".
5th line, repalce the word "six" with "seven".

Rule 6.5
2nd line, replace the word "six" with "seven".
 Rule 7

Rule 7.2 and 7.3

Delete the comma in the French text after the words "session ordinaire
suivante".

Rule 7.3
In the French text, put the word "fonction" in the plural.

Rule 8

Word the heading as follows: "Functions and organisation of meetings".

Second line of the French text, replace the word "tches" with "fonctions".
Add the following as a second indent:
"The Bureau of the Chamber of Regions may meet only during the meetings of the
Bureau of the Congress (1)".
Footnote 1: "See Article 4.2 of Statutory Resolution (2000) 1".

Rule 9

Rule 9.1
In the 2nd line of the French text, put the word "dsign" in the feminine.

Rule 10

Word the heading as follows: "Functions and organisation of meetings".

Rule 10.2
In the French text, replace the word "tches" with "fonctions".

Rule 10.3 (new)

Insert the following new paragraph: "3. The chamber of the Standing Committee may
meet only during the meetings of the Standing Committee of the Congress (1)".
Footnote 1: "See Article 4.2 of Statutory Resolution (2000) 1".

Insert a (new) heading III "Committees of the Chamber of Regions"

Rule 11 (NEW) " COMMITTEES OF THE CHAMBER OF REGIONS"

"The Rules of Procedure of the Congress on statutory Committees shall apply mutatis
mutandis to the committees of the Chamber of Regions, unless provided otherwise by the
present Rules of Procedure;".

B-III (existing version) Ad Hoc working groups

In the French text, use lower case throughout for the word "groupe" (current Rules 11 to 14).
 Rule 11 (existing version)

Rule 11.1
After the word "may", insert the word "exceptionally".

Rule 13 (existing version)

Rule 13.2
1st line of the French text: delete the comma after the words "session ordinaire
suivante".
3rd line: after the word "may", insert the word "exceptionally".

Rule 14 (existing version)

Rule 14.3
First line of the French text, put the word "fonction" in the plural.
Last line of the French text: delete the comma after the words "session ordinaire
suivante".

Rule 14.4
In the French text, replace the word "tches" with "fonctions".

Rule 19 (existing version)

Refer to Article 9 (rather than Article 8) of the Charter.

Rule 20 (existing version)

Rule 20.2 and 20.4

Change the initial letter of the word "Chamber" (of the Standing Committee) to lower
case.

Rule 20.5
In the French text, after the word "majorit", replace the word "de" with "des".

Rule 20.6
After the words "shall be referred to", insert the following "the committee or to".
Use the lower case for the word "groupe" in the French text.

Rule 21 (existing version)

Rule 21.1
Replace the reference to Article 8 of the Charter with Article 9.

Rule 21.2
Add footnote(1). after the word "sitting".
Footnote \ "See Article 38.7 (new) of the Congress Rules of Procedure.
Rule 22.4
Replace the reference to Article 8 of the Charter with Article 9.

Rule 26 (existing version)

Rule 26.2
Add the following words at the end of this paragraph: "by the competent body".

Rule 28 (existing version)

Replace the words "Rule 24.1, 24.2 and 24.4 to 9" with the words "Rule 24, except for
paragraph 3 thereof.
(Editorial improvement).

Rule 31 (existing version)

Rule 31.1
1st line, insert a comma after the words "in camera".

Rule 34 (existing version)

Rule 34.2
1st line, after the words "referred to", insert the words "a committee of the Chamber
or", and, in the French text, insert the words "de travail" after the word "groupe".
2nd line of the French text, replace the words "ce groupe" with the words "cette
structure" and replace "celui-ci" with "celle-ci".

Rule 35 (existing version)

Word this rule as follows: "The provisions of Rule 38 (new) of the Rules of Procedure
of the Congress on reports by the statutory Committees shall apply mutatis mutandis to
reports by the Chamber's ad hoc working groups".

Rule 36 (existing version)

Rule 36.1 and 36.2

2nd line, after the word "by", insert the words "committees or", and, in the French text,
use the lower case for the word "groupe".

Rule 36.2 and 36.3

Change the initial letter of the word "Chamber" (of the Standing Committee) to lower
case.

Rule 36.3
1st line, after the word "where", insert the words "a committee of the Chamber or".

Rule 36.4
Delete this paragraph. Explanation: see Article 11.2.a o f the Charter.
 Rule 38 (existing version)

Rule 38.2
Last line, after the words "apply to", insert the words "committees and".
Explanation: Harmonisation with the provisions o f Article 37.3 (new) o f the Rules o f
Procedure o f the Congress on committee quorums".

Rule 40 (existing version)

Last line: refer to Article 11, rather than Article 10, of the Charter.
 Practical arrangements for the election
of Vice-Presidents of the Chamber

1. Such elections shall be held in the following places:

if the Chamber is meeting in the Hemicycle: in the area behind the President's rostrum;
if the Chamber is meeting in a meeting room in the Palais de l'Europe: at the entrance
to the room.

2. A specific time-limit shall be set for these elections, but:

the meeting shall not be interrupted following the announcement of the start of the
voting, after a possible brief presentation of the candidates and the appointment of two
tellers by drawing of lots;
the members of the Chamber shall not be called to vote individually, but rather shall
place their ballot papers in the ballot box at any time within the specified time-limit.

3. The register of voters and the ballot box shall be placed on a table in one of the above
designated places; there shall be a second table on which members can fill out their ballot
papers.

4. The members of the Chamber shall sign the register of voters in the presence of a
member of the Secretariat.

5. In cases of doubt or dispute about a member's entitlement to vote, the matter shall, if
necessary, be submitted to the President, who shall take the final decision; no points of order
shall be permitted.

6. After verification that a member is entitled to vote, he or she shall be issued with a
ballot paper.

7. Voters shall place their ballot papers in the ballot box.

8. On expiry of the specified time-limit, the President shall ask whether any more
members wish to vote and, when all the votes have been cast, shall declare the voting closed.

9. Ballot papers shall be counted outside the meeting room directly after the vote, under
the supervision of the two tellers assisted by the Secretariat.

10. The result shall be announced by the President, if possible before the close of the
sitting or else at the opening of the following sitting.

11. The notices of proceedings shall contain detailed information on the running of the
election.
 EVALUATION OF REGIONALISATION IN CENTRAL EUROPE,
ESPECIALLY IN POLAND

The Congress,

Bearing in mind the proposal of the Chamber of Regions,

1. Having regard to the report presented by Mr Kieres, Vice-President on the evaluation

of rgionalisation in Central Europe, especially in Poland and its conclusions;

2. Recalling the commitment of the Congress and particularly of the Chamber of

Regions, for the creation and the implementation of local and regional democratic structures
in Europe, especially in the new member countries as well as in the countries being candidate
for admission to the Council of Europe and its different actions of technical assistance in this
field;

3. Considering the report of Mr Claude Haegi presented in 1999 on the current state of,
and prospects for, rgionalisation in Europe and the Resolution 83 (1999) and
Recommendation 65 (1999) concerning the same subject;

4. Underlining the importance that represent the experience made by Poland during the
territorial reforms creating regional structures and the possibilities to transmit this experience
to other countries envisaging the organisation of such reforms;

5. Hoping that other countries in transition can profit of this experiences allowing them
to avoid errors and to organise with success the necessary steps for administrative and
territorial reforms;

Invite the Bureau to charge its competent Committee to:

6. continue systematically its assistance and the exchange of experience between

territorial communities and national administrations of countries which have to solve during
the administrative reforms problems resulting from the creation and the functioning of
regional communities or authorities;
7. study possibilities to encourage specific training programs on rgionalisation for
officials of the administrations of those countries which envisage to start administrative and
territorial reforms and to implement those programs in co-operation with national and
regional administrative training institutions and the specialised NGOs;

8. bring together European specialised research institutes in the field of rgionalisation

with the view to create a network of co-operation and coordination for the promotion of
rgionalisation in Europe and for making known this experience at global level and to
associate in this respect the NGO's, the representatives of the civil society as well as
representatives of national and regional administrations.
 REGIONAL DEMOCRACY IN MOLDOVA

The Congress,

Having examined the proposal of the Chamber of Regions,

1. Recalling:

a) its Recommendation (38) 1998 on the situation of localand regional self-government

in the Republic of Moldova, in which it formulated a number of comments addressed
to the Moldovan parliamentary and governmental authorities;

b) its Resolution (59) 1998, in which it decided to continuemonitoring the development

of local and regional democracy in that country with a view to producing a final
report;

2. Having taken note of the results of the official visits to Moldova in 1999 and 2000 by
the rapporteurs of the relevant working groups in order to observe the various local and
regional elections and implement the above-mentioned decision;

3. Having taken note of the report drafted by Mr Nicolae Radu (Romania, R) on regional
democracy in Moldova, instructs its Bureau to address the recommendation which it adopted
on the basis of this report to the governmental and parliamentary authorities of Moldova;

4. Concerning local aspects, welcomes the establishment by the above-mentioned

authorities of a general legal framework for the full exercise of local self-government;

5. However, in view of the findings of the official visits by Mr George Lycourgos

(Cyprus, L), rapporteur on the situation of local democracy in Moldova, concludes that it is
not yet possible to finalise a report in this regard owing to the following circumstances:

a) other legislative instruments, for example the law on administrative disputes, have to
be published and given effect in order to supplement the above-mentioned legal
framework;

b) the specific legislative instruments already passed by Parliament (laws on local

financing, the municipal heritage, the status of local elected representatives etc.) are
not yet fully operational, which makes an objective assessment of their scope and
effectiveness particularly difficult;
6. In view of the above, instructs the Insitutional Committee of the Chamber of Local
Authorities to resume consideration of local self-government in the Republic of Moldova and
submit a final report to it as soon as possible;

7. Instructs its Bureau to consider organising a colloquy in Moldova on the problems

posed by self-governing status in countries with a unitary structure;

8. Is prepared to participate with the Venice Commission in the activities of the working
group on Gagauzia set up by the Moldovan authorities.
 DEMOCRATIC STABILITY THROUGH TRANSFRONTIER
CO-OPERATION IN EUROPE

The Congress,

Bearing in mind the proposal of the Chamber of Regions,

1. Having taken note of the report by Mr Coifan (Chamber of Regions) presenting the
results of the 7th European Conference of Border Regions, which was held from 28 to
30 October 1999;

2. Reaffirming the fundamental importance of transfrontier co-operation for the

European construction process and for establishing a climate of confidence through tolerance,
mutual understanding, solidarity and good-neighbourly relations, in particular in border
regions which are home to minorities;

3. Stressing the crucial role of the Congress in promoting and developing transfrontier
co-operation in Europe with a view to contributing to the construction of a democratic,
humane and tolerant Europe based on solidarity;

4. Recalling that transfrontier co-operation operates best of all in the day-to-day lives of
citizens living on either side of individual borders, and should be established between direct
neighbours;

Urges local and regional authorities

5. to recognise the importance of establishing new Euroregions in central and eastern

Europe and to draw on these experiences for the development of networks and co-operation
arrangements to promote good-neighbourly relations;

6. to continue setting up permanent transfrontier co-operation networks and

implementing joint projects based on initiatives taken by senior officials at local and regional
level;

7. to take part in efforts to promote the development of co-operation between local and
regional authorities and, for instance, become partners of the Local Democracy Agencies (set
up under the auspices of the CLRAE) and/or support actions by civil society aimed at
promoting transfrontier co-operation in south-eastern Europe;
8. to foster and encourage, in their areas of responsibility, the teaching of the languages
and cultures of neighbouring countries and regions and the implementation of cultural
activities designed to bring populations on either side of individual borders closer together;

Resolves

9. to submit this Resolution, together with Recommendation 85 on the same subject, to

the representatives of all border regions and municipalities in Europe and the bodies
representing them;

10. to encourage the establishment of closer collaboration with the European Commission
in the field of transfrontier co-operation with Council of Europe member countries that are not
members of the European Union, and take steps to launch joint projects such as conferences,
colloquies or expert seminars aimed at co-ordinating spatial planning policies in regions on
either side of and spanning borders;

11. to involve the representatives of frontier regions from south-eastern Europe in the
activities carried out by the Council of Europe and, in particular, the Congress under the
Stability Pact;

12. to continue to review the situation of transfrontier co-operation in Europe regularly in

the light of the implementation of Recommendation 85;

13. to ask its Bureau to devote appropriate attention in all of its activities to the issues of
transfrontier co-operation, and to submit to the Congress, in due course, a report on the
implementation of the recommendations arising from the 7th European Conference of Border
Regions, in particular regarding the Stability Pact. In this respect, to ask its Bureau to support
the colloquy on transfrontier co-operation between Bulgaria and Romania, foreseen for
October 2000 in the town of Svishtov, Bulgaria.
 THE FINANCIAL TRANSPARENCY OF POLITICAL PARTIES
AND THEIR DEMOCRATIC FUNCTIONING AT REGIONAL LEVEL

The Congress,

Bearing in mind the proposal of the Chamber of Regions,

1. Referring to the report submitted by Mr Haegi on The democratic functioning and

financial transparency of political parties at regional level;

2. Mindful of the Criminal Law Convention on Corruption (ETS 173), signed on

21 January 1999, and the Civil Law Convention on Corruption (ETS 174), signed on
4 November 1999, as well as Opinions 207 (of 23 June 1998) and 213 (of 26 May 1999) of
the Parliamentary Assembly thereon;

3. Bearing in mind Resolution 79 (99) and Recommendation 60 (99) adopted during the
plenary Session of the Congress in 1999, following the report of Mr Viorel Coifan on "The
political integrity of local and regional elected representatives";

4. Supporting Recommendation (99) 15 of the Committee of Ministers on measures

concerning media coverage of election campaigns;

5. Welcoming the Venice Commissions current work on constitutional and legislative

provisions concerning political party financing, and the related work done some years ago by
the Council of Europe Directorate of Political Affairs;

6. Convinced that the financial resources deployed in election campaigns can be as

influential as party programmes or candidates in determining voting behaviour (and thus
election outcomes);

7. Considering that, in the light of the foregoing, parties are entitled to receive financial
support from public and private funds but that the public is equally entitled to know the
various parties sources of funding (because such information may determine voting
behaviour);

8. Convinced that greater transparency in political party financing is important at

regional as well as other levels;

I- ASKS REGIONAL AUTHORITIES TO:

9. take appropriate steps to make the financing of political parties at regional level more
transparent;
10. see that the financing of political groupings and regional elections is regulated so as to
promote such transparency and that any loopholes in existing arrangements are gradually
plugged;

11. ensure that the financing of political groupings and regional elections is not only
subject to traditional parliamentary scrutiny but is also monitored by an independent body
such as a court of auditors;

12. grant, in the interests of pluralism, public subsidies to political parties of every
persuasion that operate at regional level (on the understanding that the rate of subsidy may be
varied according to the representativeness of the different groupings);

13. ensure that the system of reimbursing election campaign expenses is sufficiently well
developed to permit regional elections to take place in a genuinely pluralistic climate;

14. take steps to ensure that all political parties have basic access to regional media;

15. ensure that the accounts of political parties at regional level are published regularly
(annually if possible);

16. prohibit anonymous donations or bequests to political groupings at regional level,

taking care to stipulate amounts in excess of which anonymity is incompatible with
transparency;

17. consider drafting, in consultation with all the competent authorities, and with the
assistance, inter alia, of associations of local and regional authorities and of elected
representatives, brief guides reminding candidates for regional elective office of their
obligations in respect of transparency in the financing of election campaigns;

II - ASKS THE BUREAU TO:

18. instruct the relevant committee of the Congress to establish a basis for ongoing co
operation with, in particular, the Council of Europes Parliamentary Assembly and
Directorate General for Legal Affairs, with a view to considering the feasibility of a European
observatory on the financing of parties and politics, including the local and regional levels;

19. encourage the relevant committee of the Congress to initiate co-operation in this field
with the Committee of the Regions of the European Union;

III - REQUESTS THE CONGRESS DELEGATES, AS INDIVIDUALS, TO WORK

TIRELESSLY IN THEIR OWN CONSTITUENCIES FOR GREATER
TRANSPARENCY IN POLITICAL PARTY FUNDING.
 THE DRAFT EUROPEAN LANDSCAPE CONVENTION

prepared by the Select Committee of Experts set up by the Committee of Ministers

The Congress:

1. Having regard to the Draft European Landscape Convention adopted at its 5th Plenary
Session in its Recommendation 40 (1998):

2. Welcomes:

a) the Committee of Ministers' decision - taking account of the positive opinion of the
Cultural Heritage Committee (CC-PAT) and the Committee for the Activities of the
Council of Europe in the field of Biological and Landscape Diversity (CO-DBP) - to
set up a Select Committee of Experts and instruct it to finalise the Draft Convention
with a view to its adoption and opening for signature;

b) the work carried out by the above Committee of Experts which was able to finalise the
Draft Convention with all due regard for its basic features,

c) the positive opinion given on 10 March 2000 by the CC-PAT and the CO-DBP at their
joint meeting on the final Draft Convention drawn up by the Select Committee of
Experts, which now enjoys a general consensus;

3. Wishes to thank the Parliamentary Assembly which, through its Committee on the
Environment, Regional Planning and Local Authorities, supported the Draft European
Landscape Convention in its Resolution 1150 (1998), its Recommendation 1393 (1998) and at
intergovernmental meetings aimed to finalise the draft;

4. Particularly with regard to:

a) the monitoring of the application of the Convention, shares the opinion voiced by
some CC-PAT and CO-DBP delegations at the aforementioned meeting that
monitoring the Convention should be entrusted to the Council of Europe's existing
intergovernmental committees,

b) the question of recognition of landscapes of European significance, hopes that it will

not delay the adoption of the Convention which ought to refer to all European
landscapes;

55 Debated and adopted by the Standing Committee of the Congress on 25 May 2000 (see doc CG (7)
11, draft Opinion presented by Mr G. WINKLER, replacing Mr F. PAOUR, Rapporteur).

Opinion requested from the Congress by the Committee of Ministers at its 705th meeting on
30 March 2000
c) the minimum number of Contracting Parties necessary for the Convention to enter into
force, agrees with the delegations of the aforementioned committees which proposed
that this number should be increased;

5. welcomes the fact that, in its latest draft opinion on the Draft European Landscape
Convention [doc. 8732], the Parliamentary Assembly:

a) continues to support the Draft Convention with a view to its adoption by the
Committee of Ministers;

b) with regard to the specific points set out in paragraph 4 above, agrees with the
Congress and the CC-PAT and CO-DBP delegations concerned;

6. In view of the foregoing, invites the Committee of Ministers to adopt:

a) the Draft European Landscape Convention as proposed by the Select Committee of

Experts, with the exception of the provisions concerning the "European Landscape
Committee", replacing Articles 10, 11 and 12 of the draft by Articles 10 and 11 set out
in Appendix 1 to this Opinion, after amending Article 14.2 so as to increase to ten the
minimum number of Contracting Parties necessary for the Convention to enter into
force,

b) the draft Explanatory report on the European Landscape Convention proposed by the
Select Committee of experts, replacing the paragraphs of Part III on Articles 10, 11
and 12 by the paragraphs set out in Appendix 2 to this document.
 APPENDIX I

Article 10: Monitoring of the application of the Convention

1. The competent Committee of Experts set up by the Committee of Ministers of the

Council of Europe under Article 17 of the Statute of the Council of Europe shall be
responsible for monitoring the application of the Convention.

2. Following each of the Committee of Experts' meetings, the Secretary General of the
Council of Europe shall transmit a report on the work carried out and on the operation of the
Convention to the Committee of Ministers of the Council of Europe and to the Council of
Europes Congress of Local and Regional Authorities of Europe.

3. Cinder its statutory powers, the Congress of Local and Regional Authorities of Europe
may forward an opinion to the Committee of Ministers on the aforementioned report.

4. The Committee of Experts shall propose to the Committee of Ministers, in

consultation with the Congress of Local and Regional Authorities of Europe, the criteria for
conferring and rules governing the "European Landscape Award".

Article 11: European Landscape Award

1. The European Landscape Award is a distinction which may be conferred by the

Council of Europe on local and regional authorities that have instituted, as part of the
landscape policy of a Party to this Convention, a policy or measures to protect, manage and/or
plan their landscape, which have proved lastingly effective and can thus serve as an example
to other territorial authorities in Europe.

2. Applications for the European Landscape Award shall be submitted to the

Committee of Experts by States. Transfrontier local and regional authorities and groupings of
local and regional authorities may apply provided that they jointly manage the landscape in
question.

3. On proposals from the Committee of Experts and bearing in mind the opinion of the
Congress of Local and Regional Authorities of Europe, the Committee of Ministers shall
define and publish the criteria for conferring the European Landscape Award, adopt the
relevant rules and confer the Award.

4. The conferral of the European Landscape Award on local and regional authorities
shall place them under an obligation to ensure the lasting protection, management and/or
planning of the landscape areas concerned.
Article 10 - Monitoring of the application of the Convention

It transpires that it would be easier to achieve the objectives of the Convention if the
representatives of Contracting Parties had the possibility of meeting regularly to devise joint
co-ordinated programmes and of jointly monitoring the application of the Convention.

It has been therefore agreed that the Council of Europe provides an ideal framework
since it already has the competent committees on which all the States Parties to the
Convention can be represented.

Given the many aspects of landscape activities, the monitoring of the application of
the Convention could be entrusted to the Cultural Heritage Committee (CC-PAT) and the
Committee for the Activities of the Council of Europe in the field of Biological and
Landscape Diversity (CO-DBP) which work, within the Council of Europe, in the sphere
addressed by the Convention and which have direct access to the Committee of Ministers. In
order to carry out this task the committees could hold joint meetings so that the Convention
benefits from an appropriate forum for discussion.

Given local and regional authorities' increasing responsibilities with regard to the
protection, management and planning of landscapes, the Congress of Local and Regional
Authorities of Europe (CLRAE), the body representing these authorities in the Council of
Europe, is empowered to convey opinions to the Committee of Ministers on the reports drawn
up by the Council of Europe committee responsible for monitoring the application of the
Convention.

Likewise, the CLRAE is called upon to give its opinion on the conferral of the above-
mentioned "European Landscape Award".

Article 11 - European Landscape Award

This article stipulates that a "European Landscape Award" may be conferred on local
and/or regional authorities, or on groupings of local and regional authorities (within a single
country or on a cross-border basis) which have instituted a policy or measures to protect,
manage and/or plan landscapes, which have proved lastingly effective and can thus serve as
an example to other territorial authorities in Europe.

This Award is designed to set in motion a process that could be launched by states
throughout Europe to promote and recognise exemplary landscape management. The
"European Landscape Award" could therefore be the culmination of a national process,
possibly entailing the organisation of specific competitions and financial support for the local
and regional authorities concerned.
 It is therefore envisaged that the interested local and regional authorities and their
groupings will be able to compete for the "European Landscape Award" through the
competent authorities of their country, provided that the latter has signed and ratified the
Convention. The State concerned would therefore be entitled to assess the applications,
possibly within the framework of the above-mentioned competitions and confer the national
prizes or award.

It will then be able to present the national award-winner or a limited number of

candidates to the Council of Europe committee responsible for monitoring the Convention for
conferral of the "European Landscape Award".

On a proposal by this body and after having received the CLRAE's opinion, the
Committee of Ministers of the Council of Europe is empowered to establish the rules
governing the "European Landscape Award", publish the criteria by which candidates shall be
assessed and award the prize.

To ensure that the award contributes to the protection of the landscapes concerned, the
award-winning local and regional authorities or groups must undertake to protect, manage and
plan the landscapes in question on a long-term basis.
 THE DRAFT RECOMMENDATION OF THE COMMITTEE OF MINISTERS,
PREPARED BY THE CDLR,
ON "LOCAL TAXATION, FINANCIAL EQUALISATION AND
GRANTS TO LOCAL AUTHORITIES"

The Congress,

1. Having been consultedorally by the Steering Committee on Local and Regional

Democracy (CDLR) at its 24th meeting on the draft Recommendation of the Committee of
Ministers to the member States on "Local taxation, financial equalisation and grants to local
authorities",

2. Wishes to thank the CDLR for having consulted it and revised the draft
recommendation so as to take account of its initial observations,

3.Taking into account the opinion of its Working Group responsible for monitoring the
application of the European Charter of Local Self-Government on the revised draft
recommendation,

4. In view of submitting the final draft recommendation to the Committee of Ministers

for adoption:

decides to submit to the CDLR complementary proposals of amendments which are

presented in bold in the appendix to the present document,

request the CDLR to take into account these proposals and Recommendation 79
(2000) on "Financial resources of local authorities in relation to their responsibilities: a
concrete test for subsidiarity" adopted by the Congress at its 7th Plenary Session
(Strasbourg, 23-25 May 2000) in the framework of its activities for politically
monitoring the implementation of the European Charter of Local Self-Government.
 APPENDIX

DRAFT RECOMMENDATION NO.

OF THE COMMITTEE OF MINISTERS TO MEMBER STATES
"ON LOCAL TAXATION, FINANCIAL EQUALISATION AND GRANTS TO
LOCAL AUTHORITIES"

This recom m endation replaces Recom m endation N R (91) 4 o f the Com m ittee o f M inisters to
m em ber States on the equalisation o f resources between local authorities.

The Committee of Ministers, under the terms of Article 15.b of the Statute of the
Council of Europe,

Considering that the aim of the Council of Europe is to achieve a greater unity
between its members for the purpose of safeguarding and realising the ideals and principles
which are their common heritage and facilitating their economic and social progress, and that
this aim can be pursued, inter alia, by common action in economic, social, legal and
administrative matters;

Considering that local self-government involves a certain degree of financial

autonomy;

Considering the provisions of article 9 of the European Charter of Local Self-

Government that it adopted as an international Treaty on 15 October 1985 and that so
far has been ratified by 32 Council of Europe member States;

Taking into account Recommendation 79 (2000) of the Congress of Local and

Regional Authorities of Europe, adopted in the context of its activities of monitoring the
implementation of the European Charter of Local Self-Government, which refers to
local authorities financial resources in relation to their responsibilities;

Considering that local taxation, financial equalisation mechanisms and state grants
should be adapted to the needs of local communities authorities in order to optimise the
effectiveness of their activity whilst observing rules and codes of conduct applicable at
national level;

Considering that the solutions given to financial problems of local authorities should
be adapted to each state's specificity as resulting inter alia, from its structure, territorial
organisation, distribution of powers between different levels of government and traditions;

Recommends the governments of member States:

1. to ensure a fair distribution of public financial resources between the different tiers of
self-government, taking into account the responsibilities assigned to each of these tiers and
their evolution;
2. to guarantee local authorities a system of financing their expenditure which is based
on the following principles:

local authorities' resources and their allocation shall be commensurate with the
need to deal effectively with the execution of their duties and discretionary
tasks-responsibilities;

a substantial proportion of transfers, as well as, own resources, must not be

earmarked;

local authorities are entitled, within the national economic policy, to raise
enough revenue adequate resources of their own; the possibility of sound
competition in tax levels should be maintained, whilst avoiding harmful tax
competition;

the amount of state grants shall be fair and foreseeable;

the system of financing as a whole shall be consistent with the constraints of

the national economic policy.

3. to review - if necessary - the legal and administrative framework for local taxation,
financial equalisation and grants to local authorities having regard, inter alia, to the guidelines
appended to this recommendation and to other ways of achieving a distribution of grants
which is fair and encourages the improvement of services and their efficient offer;

4. to involve local elected representatives in the debate on reforms to be undertaken in

this area and on the mechanisms for implementing such reforms.
 Appendix to Recommendation n

Guidelines on Local Taxation, Financial Equalisation

and Grants to Local Authorities

1. Guidelines concerning local taxation

a. Tax-revenue level

Financial autonomy of local authorities implies a level of own resources which is

commensurate to their competencies, as they are defined by Constitution or law. In general,
the most important own resource is should be tax revenue. This revenue represents for
local authorities a factor for independence, which their representative bodies derive
from their election by the citizens. Moreover, the availability of own taxation revenue
provides local elected representatives with some degree of security, enabling them to
forecast the level of resources available in the long term.
With this in mind, a certain degree of fiscal decentralisation is required.

In order to estimate this degree, the following parameters may be used:

the ratio between the local authorities' tax revenue level and the total tax revenue for
the country;
the ratio between the local tax revenue and the total local revenue;
the weight of tax revenue compared to the weight of grants (both general and specific)
from the state and other public authorities.

When the degree of fiscal decentralisation appears to be low on the basis of the
previous parameters, the states should examine, with the local authorities, measures which
will make it possible to increase the proportion of local authorities' own and/or shared tax
revenues, without increasing the global fiscal pressure.

b. The structure o f local taxation

The structure of local taxation should meet the following conditions:

a fair distribution of the tax burden according to the taxpayers ability to pay;

an appropriate yield and low administration and compliance costs;

visibility of the tax burden for contributing individuals and enterprises (this being a
precondition for an effective distribution of resources according to citizens
preferences);
 right for local authorities to vary - where appropriate, within a pre-established
bracket - the rates of the taxes they levy;

the difference in tax rate between various local authorities should not be too great or
could be unless it is justified by such factors as a different level of services;

low economic distortions (minimum impact on the growth and the economic structure
of the municipality), demographic distortions (the fiscal structure should not stimulate
the migration of persons) and social distortions (it should not further weaken social
groups in difficulty);

a degree of buoyancy allowing for the adjustment of tax revenue according to the
evolution of costs.

It is possible to satisfy these requirements both with a system based on own exclusive
taxes and with a system based on a combination of own taxes (exclusive and joint) and
shared taxes, where the share allocated to local authorities is defined by law.

2. Guidelines on financial equalisation

A substantial degree of financial equalisation is a necessary condition of fiscal

decentralisation and a strong local government. At the same time, it may contribute
effectively to the achievement of the objectives of economic stability and to the success of
policies for a balanced sustainable territorial development.

a. Methods o f estimating spending needs towards equalisation

When estimating spending needs, criteria should be favoured which:

are objective and over which individual local authorities have no direct control;

are not liable to affect the local authorities freedom of choice, within the bounds of
available resources;

do not penalise local authorities which attempt to streamline the management of their
services with a view to improving efficiency and do not create unintended incentives
to particular courses of action which are in conflict with the objectives of local
accountability and efficiency in the provision of services;

take into account as far as possible the demographic, geographical, social and
economic characteristics which lead to disparities in their costs.
 The formulae used when estimating spending needs should meet the following
conditions:

the weighting given to the individual indicators should be set on the basis of objective
evidence about spending variations generated by the variations of these indicators;

inasmuch as the assessment of needs nevertheless involves value judgements as to the

weight to be given to different indicators of need, it is necessary to identify and assess
the results of such judgements in consultation with representatives of the local
authorities concerned or their associations;

formulae (models) for the estimation of needs should be as simple as possible, so as to

promote understanding and accountability, but complete and precise enough so as to
be reliable;

formulae for the estimation of needs should remain as stable as possible so that local
authorities are able to make long-term forecasts and so that changes in assessed needs
reflect real changes in the situation of local authorities;

b. Financial equalisation mechanisms

Governments should periodically verify the functioning of their equalisation systems

and examine, with local authorities, the improvements which could be made with a view to
remedying the adverse effects of the unequal distribution of resources and expenditure
requirements and granting local authorities genuine freedom of choice in the areas within
their responsibilities.

Financial equalisation must be implemented at all levels, ie vertically between

central authorities (or federal authorities in federations), regional authorities (or
authorities of federate entities in federations) and local authorities, and horizontally,
among the various local authorities.

The equalisation systems should be designed so that they can at least partially
equalise the fiscal strength of local authorities in order to enable them, if they wish, to provide
a broadly similar range and level of services while levying similar rates of local taxation.

However, it is necessary to ensure that such equalisation of financial capacity does not
undermine local autonomy by inducing local authorities in practice to provide the same level
of services or apply the same rates of tax.

In this perspective, financial equalisation must not dissuade the better-off local
authorities from making additional tax-raising efforts on the grounds that the proceeds
would only be used for transfers to other authorities. Similarly, equalisation must not
discourage the poorer local authorities from exhausting their fiscal capacity.
 Financial equalisation arrangements should cover as much of local government
activity as possible; where there is more than one tier of local government, it would be useful
to envisage the possibility of applying equalisation objectives to the totality of local services
and tax rates in a given area.

Appropriate information should be given to local authorities on the functioning of the

equalisation system, as local authorities cannot accept a system they do not know or
understand.

It is also appropriate to favour voluntary redistribution mechanisms for certain local

taxes; these mechanisms may be introduced, in particular, in urban areas between the central
city and surrounding municipalities.

In general, equalisation by means of grants is less likely to create ill-feeling between

local communities; however, where local fiscal capacity varies so greatly that the decided
level of equalisation of resources cannot be achieved solely by means of government grants, it
may be useful to consider having recourse to resource-sharing arrangements (based on law
and consistent with the principle of solidarity among authorities of the same level) by which
part of the tax revenues of the wealthy authorities is transferred to the less wealthy.

Where there is more than one local tax, financial equalisation should be made for each
tax, unless a single tax is dominant and local authorities have little say in the balance between
their various taxes.

3. Guidelines on financial grants to local authorities

a. General grants

Government (and regional authorities) financial support to local budgets should take,
in most cases, the form of general (not earmarked) grants.

The total amount of general grants should be determined on the basis of criteria which
take into account such factors as the economic growth and the increase in costs, especially
when the level of local authorities own resources and their room for manoeuvre on these
resources do not allow for adjusting them to the growth of expenditure as a result of economic
factors.

It would also be appropriate if government guaranteed local authorities a certain

stability in the evolution of this total amount, possibly by law or within the framework of
agreements aiming at ensuring economic stability with the co-operation of all tiers of
governments.

The criteria for distributing general grants must, as a rule, be clearly defined according
to the legal framework on a non-discretionary basis. This should allow local authorities to
calculate in advance the amount of general grants they will receive and to adopt their budgets
accordingly.
b. Specific grants

Specific (earmarked) grants limit local authorities' policy discretion and are less
effective than general grants as instruments of equalisation. Subsequently, the use of specific
grants should be limited, in general, to what is necessary for achieving the following
objectives:

(co-)financing capital expenditure, within the framework of policies for a balanced

sustainable territorial development;

ensuring that certain local public services are provided at a standard level on the whole
national territory;

compensating the spillover effects which may affect the supply of certain public
services;

funding certain public services which local authorities provide on the states behalf or
compensate for expenses covered by local and regional authorities when implementing
competencies which are delegated by other authorities.