Doc. 10503

11 April 2005

New concepts to evaluate the state of democratic development

Recommendation 1680 (2004)

Reply from the Committee of Ministers

adopted at the 923rd meeting of the Ministers’ Deputies (6 April 2005)

1.       The Committee of Ministers shares the Parliamentary Assembly’s interest in the state of democratic development in the Council of Europe member states and attaches utmost importance to due respect for the relevant Council of Europe standards. The Committee of Ministers seeks to adapt these standards to meet the challenges faced by European societies in the 21st Century – all with a view to strengthening democracy.

2.       At the level of the Committee of Ministers, these questions are currently one of the main foci of the preparatory work for the Third Summit of Heads of State and Government of the member states, to be held in Warsaw on 16 and 17 May 2005. Work to promote pluralist democracy and good governance focus in particular on balanced participation of women and men, strengthening local democracy, education for democratic citizenship, as well as the participation of young people and civil society. New standards in the light of the technological changes currently affecting European societies have been established, such as Recommendation Rec(2004)11 on legal, operational and technical standards for e-voting and Recommendation Rec(2004)15 on electronic governance, adopted by the Committee of Ministers respectively on 30 September 2004 and 15 December 2004.

3.       As to the specific recommendations made in paragraph 3.ii. of the Parliamentary Assembly’s text, the Committee of Ministers would point out that a number of activities have already been carried out along these lines. With regard to the activities suggested in sub-paragraph a., it recalls its Recommendation Rec(2003)4 on common rules against corruption in the funding of political parties and electoral campaigns, which has been supplemented by an implementation guide prepared in 2004 by the Integrated Project “Making democratic institutions work”. Furthermore, the Venice Commission has adopted a number of documents on political parties in the form of guidelines relating to (i) the prohibition and dissolution of political parties and analogous measures, (ii) the financing of political parties and (iii) legislation on political parties. Lastly, the “Handbook of good practice on public ethics at local level” adopted in March 2004 also addresses the question of the financing of political parties and election campaigns at local and regional level. All of these documents provide reference points which may meet the Parliamentary Assembly’s expectations.

4.       As to the drawing up of guidelines for petitions, popular initiatives and referendums referred to in paragraph b., the Committee of Ministers would recall Recommendation R (96) 2 on referendums and popular initiatives at local level, which provides guidelines for holding consultative and decision-making referendums and popular initiatives at local level. This question was also addressed by the Venice Commission in its “Guidelines for constitutional referendums at national level”, which applies mutatis mutandis to all referendums.

5.       Lastly, with regard to the recommendation in sub-paragraph c., Committee of Ministers’ Recommendation Rec(2001)19 lays down the basic principles governing policies to promote democratic participation in local affairs. It provides examples of steps to be taken to encourage citizens to take part in local public life, both through elections and through direct involvement in decision-making processes at local level and in the management of local affairs. The Assembly could use this Recommendation as one of the sources for the drafting of model rules of procedure, with the assistance of bodies such as the Venice Commission if needed. The Revised European Charter on the participation of young people in local and regional life, adopted by the Congress in 2003, would also be a useful reference document.

6.       The proposal to study the setting-up a committee to draw up a list of fundamental democratic rights and prepare a critical appraisal of the functioning of democratic institutions in Europe (in paragraph 3. iii. of the Assembly document) is an interesting suggestion per se, but the precise scope and feasibility of such an activity would have to considered before any decision could be taken on the matter. In 2004, in the context of the Integrated Project “Making democratic institutions work”, an analytical summary of Council of Europe standards in the field of democracy was published. The High-level Group on the future of democracy in Europe, at which the Assembly was represented, assessed the “state of democracy” in Europe and put forward a series of proposals for democratic reforms. The final conference of the Integrated Project (Barcelona, 17-19 November 2004) proposed to establish a Forum on the Future of Democracy, which would aim at exchanging ideas and information about the development of democracy in the member states, identifying and evaluating significant innovations, developing standards for innovative democratic practices and disseminating knowledge among member states. The Committee of Ministers informs the Parliamentary Assembly that similar suggestions have been made in the context of the preparatory work for the Third Summit of Heads of State and Government. The Committee of Ministers will bear the Assembly’s proposal in mind when it addresses these ideas again as its work for the Summit continues.

7.       Lastly, with regard to the recommendation in paragraph 3. iv., the Committee of Ministers is prepared to intensify the dialogue it has established with the Parliamentary Assembly on this subject so that the two bodies can monitor democratic development together. It is willing to examine any proposal the Assembly might wish to make to this effect.

Appendix to the reply

Comments on Parliamentary Assembly Recommendation 1680 (2004) –

New concepts to evaluate the state of democratic development

Steering Committee for Human Rights (CDDH)

The CDDH agrees with the Parliamentary Assembly about the importance of democratic development in Europe. In this connection, it would point out that the Committee of Ministers recently set out, in Recommendation Rec(2003)4 on common rules against corruption in the funding of political parties and electoral campaigns, a number of principles in this area which should provide a response to some of the concerns raised by the Parliamentary Assembly.

The CDDH notes that the Parliamentary Assembly recommendation calls for the development of “a code of good practice (…) on how political parties could be financed”, “guidelines for petitions, popular initiatives and referendums” and “model rules of procedure for parliamentary bodies.” However, it does not believe that it is the most appropriate body for developing instruments of that kind.

The CDDH believes that these issues are more a matter for the European Committee on Legal Cooperation (CDCJ), the Venice Commission, Integrated Project I (Making democratic institutions work) and the Congress of Local and Regional Authorities of the Council of Europe, to which the Ministers’ Deputies also transmitted the Recommendation.

Secretariat of the European Commission for Democracy through Law (Venice Commission)

The reflexion that is currently being undertaken within the Council of Europe on the future of democracy in Europe is welcome from the point of view of the Venice Commission. The Venice Commission has gained extensive experience in different aspects of the democratisation process, particularly in the newer members states of the Council of Europe, through assessing draft constitutions and constitutional amendments, as well as other basic texts such as electoral legislation and laws on the protection of national minorities. In its opinions, the Venice Commission has in particular appraised whether such legislation meets European standards concerning human rights and democracy. It therefore welcomes the opportunity to be involved in this reflexion and refers in this connection to its earlier Opinion on the possible follow-up to Parliamentary Assembly Recommendation 1629 (2003) on the future of democracy: strengthening democratic institutions, adopted in March 2004 (CDL-AD (2004)015).

More specifically concerning Recommendation 1680 (2004), in respect of point 3.ii.a, the Venice Commission has already adopted several documents on political parties. They include the following:

Taken together, these documents constitute a solid basis for regulating at European level the main questions concerning political parties.

Regarding point 3.ii.b, the Venice Commission has adopted Guidelines for constitutional referendums at national level (CDL-INF (2001)010). These guidelines apply mutatis mutandis to all referendums. In addition, further to a draft resolution of the Parliamentary Assembly (Doc. 9874), the Venice Commission drafted a questionnaire on the use of referendums (CDL (2004)031). Replies have already been received from the majority of members and the Venice Commission will prepare a summary report before considering, if necessary, new recommendations.

In respect of point 3.ii.c, the Venice Commission has addressed the issue of rules of procedure for parliamentary bodies in, for example, its Opinion on the Draft Law on the National Assembly of the Republic of Belarus, CDL-AD (2003)014. If a decision were taken to draft model rules of procedure for parliamentary bodies, the Venice Commission would be interested in taking part.

In respect of point 3.iii, reference is made to the Venice Commission’s comments in its earlier Opinion on the possible follow-up to Parliamentary Assembly Recommendation 1629 (2003) on the future of democracy: strengthening democratic institutions. In this Opinion, the Venice Commission concluded that developing a catalogue of fundamental democratic rights as protected by the Council of Europe could contribute towards further legitimising international support and action in promoting and strengthening democracy in Europe. However, it underlined that such a catalogue should take full account of the diversity among nations and differences in political and cultural traditions and give prominence to the essential role played by civil society. The Venice Commission is ready to contribute towards the drafting of a catalogue of fundamental democratic rights, along with other interested bodies of the Council of Europe.

Finally, it is suggested that some of the proposals made in the Venice Commission’s earlier Opinion on the possible follow-up to Parliamentary Assembly Recommendation 1629 (2003) on the future of democracy: strengthening democratic institutions, such as subjecting administrative methods in different member states to a check of compatibility with European standards or preparing a Code of Good Practice providing for the voluntary discovery/publication of politicians’ assets before and after having served in the public administration, might also be included in the present reflexion.

Steering Committee on Local and Regional Democracy (CDLR)

The CDLR has noted with interest the content of the Parliamentary Assembly Recommendation 1680 (2004) as well as that of Resolution 1407 (2004) on which it is based.

The CDLR also welcomes the strategic thinking on the future of democracy in Europe which led, among other things, to the publication of the green paper on “The future of Democracy in Europe – Trends, Analysis and Reforms” commissioned by the Secretary General of the Council of Europe in the framework of the Integrated Project “Making democratic institutions work”. It believes that the final conference of this integrated project, which will take place on 17-19 November in Barcelona, will be a privileged occasion for governments, elected representatives and civil society to discuss the principles and the future of democracy in Europe and hopes that the results of this conference will usefully feed into the preparation of the Third Summit of Heads of State and Government.

The Committee shares the Parliamentary Assembly’s views on the importance of strengthening democratic development at all levels of government and in all member states. Whilst recognising that the future priorities of the Council of Europe are a matter for the Third Summit of Heads of State and Government to decide, it welcomes the Parliamentary Assembly’s recommendation to the Committee of Ministers, singling out “strengthening democratic development” as a priority for inclusion into any Action Plan that the Third Summit may adopt.

The CDLR recalls that the 14th European Conference of the Ministers responsible for local and regional government will meet in Budapest on 24-25 February 2005 to discuss “Delivering good local and regional government”. Under the first theme of the Conference, named “Challenges and priorities for European States and for the Council of Europe in the field of local and regional self-government”, the Ministers will examine recent, on-going and planned reforms in this field in member states, their national priorities, the results of the monitoring exercise performed by the Congress of Local and Regional Authorities of the Council of Europe, as well as the acquis and information base of the Council of Europe and the expectations and priorities of member states for the intergovernmental work in the field of local and regional democracy. The Conference will discuss the state of democracy at infra-national level in Europe and will suggest strategic guidelines for both the member states and the Council of Europe in this field. The CDLR hopes that the results of this important ministerial conference will also very usefully feed into the Third Summit.

In respect of paragraph 3.ii., the CDLR recalls that it has already done work focused on the local and regional dimension of the fields mentioned, which has led to the adoption of several important documents:

●       Committee of Ministers’ Recommendation R (96) 2 on referendums and popular initiatives at local level, which gives guidelines for organising consultative but also decision-making referenda, as well as for popular initiatives, at local level;

●       Committee of Ministers’ Recommendation Rec(2001)19 on the participation of citizens in local public life, which lays out basic principles concerning local democratic participation policies and gives guidelines concerning the practical steps and measures to encourage and reinforce citizens’ participation in local public life, both through local and regional elections and through direct participation in local decision-making and the management of local affairs;

●       The Handbook of good practice on public ethics at local level, which was adopted on 31 March 2004 at the high level Conference in Noordwijkerhout and which has already inspired legal reforms in several countries and has been included in the training curricula for local staff and elected representatives in other countries. Among other things, this Handbook includes a large number of coherent good practice examples concerning local and regional elected representatives, as well as the funding of political parties and associations and electoral campaigns at local and regional level.

In respect of paragraph 3.iii, the CDLR believes that regular critical analysis of the functioning of democratic institutions in Europe is extremely important. Also the identification and possible filling up of lacunae in international standards relating to democracy is an important exercise for which the final results of the Integrated Project on “Making Democratic Institutions work” will no doubt provide a valuable basis. The CDLR believes it would be well placed to contribute to the reflection on and implementation of both. Also, if the Committee of Ministers were to give a follow-up to the Assembly’s recommendation to establish – possibly on the basis of a convention – a new committee which would draw up the list of democratic rights and analyse the functioning of democratic institutions in Europe, the CDLR would clearly be interested in being associated with this work. However, the CDLR, in line with its opinion on Parliamentary Assembly Recommendation 1629 (2003) on the future of democracy: strengthening democratic institutions, recommends that the Committee of Ministers engage in a comprehensive stocktaking exercise prior to taking decisions on new institutional arrangements.

Integrated Project “Making democratic institutions work” (IP1)

Having worked for a period of three years (2002-2004) on the identification of the key principles that should govern the functioning of democratic institutions, civil society participation, and fair and inclusive electoral systems, and having taken stock of the European acquis in these fields, IP1 welcomes Parliamentary Assembly Recommendation 1680 (2004) as an important contribution to the ongoing reflection on the future of democracy in Europe.

The project’s results can serve as a basis for any future work on democratic development. Particularly relevant are the following:

These documents, as well as an extensive bibliography (“stocktaking”) of work done by the Council of Europe in the field of democratic institutions, are available on the IP1 website (http://www.coe.int/t/e/integrated_projects/democracy/).

More specifically, as regards point 3.ii.a., IP1 published Financing political parties and election campaigns – guidelines (Council of Europe Publishing, 2003, ISBN 92-871-5356-6), which outlines different legal principles and methods of party and election financing, and then discusses them in relation to transparency and accountability. Primarily based on Council of Europe documents, this guide may be considered as a compendium of the principles underlying Council of Europe instruments in this field.

The project’s final conference (Barcelona, 17-19 November 2004) brought together parliamentarians, senior civil servants, expert academics and representatives from civil society, and was the occasion to present the project’s conclusions and to discuss the future of democracy in Europe.

The main conclusion of the Barcelona Conference was that the Council of Europe should establish a Forum on the Future of Democracy, which would broaden even further its acquis in this field. The Forum would be a means of exchanging ideas and information about the development of democracy in the member states. Its task would be to identify and evaluate significant innovations, to develop standards for innovative democratic practice and to disseminate learning among member states. Building upon the working practices pioneered within the Integrated Project itself, the Forum would take an inclusive, transversal and multi-disciplinary approach, and bring together representatives from the member states, the Parliamentary Assembly, the Congress of Local and Regional Authorities of the Council of Europe, the Council of Europe’s INGO Conference, civil society and expert academics.

Both the results of IP1 and the discussions at the Barcelona Conference concur with the Parliamentary Assembly’s opinion that work towards strengthening democratic development in member states should be singled out as a priority and included in the Action Plan resulting from the Third Summit of Heads of State and Government.

As from January 2005, a follow-up project on “Good governance in the information society” will focus its attention on how new information and communication technologies (ICT) affect the practice of democracy, human rights and the rule of law in member states.

It should be noted that in the context of preparing the Committee of Ministers’ Recommendation Rec(2004)15 on e-governance, the relevant committee (IP1-S-EG) did some initial work on developing an online self-evaluation tool which could facilitate the monitoring of progress in the implementation of the recommendation by member states. Such an online evaluation tool could potentially be used in various evaluation or monitoring exercises, notably in the context of assessing democratic development in member states. In following through the work on e-governance, the new project will continue work on the online self-evaluation tool, in cooperation with the Bertelsmann Foundation (Germany).