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24 September 1993
Doc. 6934
REQUEST FOR AN OPINION
FROM THE COMMITTEE OF MINISTERS TO THE ASSEMBLY
on the draft statutory resolution
relating to the setting up of the
Congress of Local and Regional Authorities of Europe
Letter from the Chairman of the Ministers' Deputies
to the President of the Assembly
(dated 22 September 1993)
Sir,
I have the pleasure to inform you that at their 498th meeting (21 September 1993, item 66), the Ministers' Deputies decided to transmit the text of the draft statutory resolution relating to the setting up of the Congress of Local and Regional Authorities of Europe to the Parliamentary Assembly, for opinion.
This draft text figures in annex.
May I draw your attention to the fact that the Committee of Ministers has not yet approved the draft statutory resolution and that in two cases an alternative wording is suggested. This is indicated by square brackets in Article 3 (paragraph 1) and Article 4 (paragraph 2).
Please accept, Sir, the assurance of my high consideration.
Signed: Hans WINKLER
Chairman of the Ministers' Deputies
APPENDIX
DRAFT STATUTORY RESOLUTION
RELATING TO THE SETTING UP OF THE
CONGRESS OF LOCAL AND REGIONAL AUTHORITIES OF EUROPE
The Committee of Ministers under the terms of Articles 15a and 16 of the Statute of the Council of Europe,
Having regard to the Parliamentary Assembly's proposal for institutional reforms within the Council of Europe;
Having regard to the proposals of the Standing Conference of Local and Regional Authorities of Europe relating to the reform of its statute;
Considering that one of the bases of a democratic society is the existence of a solid and effective local and regional democracy in conformity with the principle of subsidiarity included in the European Charter of Local Self-Government whereby public responsibilities shall be exercised, in preference, by those authorities which are closest to the citizens, having regard to the extent and nature of the public tasks and the requirements of efficiency and economy;
Wishing to enhance and develop the role of local and regional authorities within the institutional structure of the Council of Europe;
Considering that the provisions hereinafter set out are not inconsistent with the Statute of the Council of Europe,
Resolves as follows:
Article 1
The Congress of Local and Regional Authorities of Europe (hereinafter referred to as CLRAE) is the organ representing local and regional authorities. Its membership and functions are regulated by the present articles, by the Charter which will be adopted by the Committee of Ministers and by the Rules of Procedure which will be adopted by the CLRAE.
Article 2
1. The aims of the CLRAE are:
a. to ensure the participation of local and regional authorities in European unity, as defined in Article 1 of the Statute of the Council of Europe, as well as their representation and active involvement in the Council of Europe's work;
b. to submit to the Committee of Ministers proposals in order to promote local and regional self-government;
c. to promote co-operation between local and regional authorities;
d. to maintain contacts with organisations representing local and regional authorities and with international organisations, as part of the general external relations policy of the Council of Europe.
2. The Committee of Ministers and the Parliamentary Assembly shall consult the CLRAE on issues which are likely to affect the responsibilities and interests of the authorities which the CLRAE represents.
3. Recommendations and opinions of the CLRAE shall be submitted as appropriate to the Parliamentary Assembly and/or the Committee of Ministers. Resolutions and other adopted texts which do not entail possible action by the Assembly and/or the Committee of Ministers shall be transmitted to them for their information.
Article 3
1. The CLRAE is composed of representatives holding a local or regional authority electoral mandate or a mandate as a person directly responsible to an elected local or regional assembly [body]. Delegates shall be appointed according to the criteria and procedure established in the Charter adopted by the Committee of Ministers.
2. Each member state shall have the right to the same number of seats in the CLRAE as it has in the Parliamentary Assembly. Each member state shall send a number of substitutes equal to the number of representatives appointed according to the same criteria and procedure.
3. Representatives and substitutes shall be appointed for a period of two ordinary sessions of the CLRAE and shall maintain their functions until the opening of the following session.
Article 4
1. The ordinary sessions of the CLRAE shall be held annually at the Council of Europe headquarters, unless otherwise decided, by common consent, by the Congress and the Committee of Ministers.
2. The CLRAE shall exercise its functions in part through two Chambers: one representative of local authorities (hereinafter referred to as "Chamber of Local Authorities") and the other representative of regional authorities (hereinafter referred to as "Chamber of Regions"). [Having regard to Article 38 of the Statute of the Council of Europe,] the CLRAE may set up the following bodies, Bureau, Standing Committee, ad hoc working groups, which are necessary to perform its mission.