Opinion on the draft statutory resolution relating to the setting up of the Congress of Local and Regional Authorities

20 October 1993

Doc. 6960

1403-18/10/93-2-E

REPORT

giving an opinion on the draft statutory resolution

relating to the setting up

of the Congress of Local and Regional Authorities of Europe

(Rapporteur: Mr PARISI,

Italy, Group of the European People's Party)

Summary

In a letter dated 22 September 1993 the Chairman of the Ministers' Deputies transmitted to the President of the Assembly the draft statutory resolution relating to the setting up of the Congress of Local and Regional Authorities of Europe (Doc. 6934).

In accordance with its past positions on statutory improvement of the Standing Conference of Local and Regional Authorities of Europe, the Parliamentary Assembly formulated its following observations on the text.

I. Draft opinion

1. The Assembly received a communication from the Committee of Ministers on the setting up of the Congress of Local and Regional Authorities of Europe (Doc. 6934), which contained a draft statutory resolution.

2. The Assembly makes the following observations:

i. In terms of the method:

The document on which the Assembly is invited to give an opinion is a preliminary draft which the Committee of Ministers has not yet finished examining. Consequently, if the substance of the text were to be amended before approval by the Committee of Ministers, the Assembly would like to be able to examine the text again in order to give its opinion on any amendments made.

ii. Draft statutory resolution

a. Article 1 of the preliminary draft resolution sets forth the change in the title of the Standing Conference of Local and Regional Authorities of Europe, becoming the "Congress of Local and Regional Authorities of Europe" (CLRAE). The Assembly expresses its agreement to this new title because it is in keeping with the concept of a single organ made up of two chambers as provided for in Article 4 (see below).

b. While it is satisfied with this proposal, the Assembly is aware of the importance of the future elaboration of the Charter. In that spirit it reiterates the proposal which it previously made in the draft revised Statute of the Council of Europe (Article 46), to the effect that approval by the Committee of Ministers should be preceded by consultation with the Parliamentary Assembly.

c. It consequently proposes to add in Article 1, after the words: "... will be adopted by the Committee of Ministers", the following new words: "... subject to the concurring opinion of the Parliamentary Assembly".

d. Concerning Article 3.1, the Assembly reiterates the importance which it attaches to the electoral mandate which it considers the only criterion for the appointment of members of the CLRAE.

e. Nevertheless, while it is convinced of the need for strict respect of the electoral mandate criterion wherever possible, the Assembly is aware, firstly, of the special cases constituted by certain west European countries and, secondly, of the radically changing situation in the countries of central and eastern Europe as regards local democracy.

f. Consequently, it proposes that exceptions, limited in number and in time, be consigned in the transitional provisions appended to the Charter. These exceptions should concern exclusively those cases where a member state does not have a body composed of elected members at the level of local or regional government. The Assembly would like to have the opportunity to examine whether these exceptions are justified when it is consulted on the draft Charter of the CLRAE.

g. In that spirit, and in view of the foregoing remarks, the Assembly could then agree to the following wording of Article 3.1: "... or a mandate as a person directly responsible to an elected local or regional body.", which is more in keeping with the situation in some countries.

h. The drafting of Article 3.3 would be more explicit if the duration of the session were to be defined . In fact, the actual duration of the session of the Standing Conference is the number of days during which the CLRAE meets annually, while Article 3.3 more likely refers to the period between two sessions, that is one year.

i. Article 4.1 confirms the ambiguity of the previous article and the need for clearer drafting.

j. Article 4.2 provides for the setting up of two chambers within the Congress: the Chamber of Local Authorities and the Chamber of Regions. The Assembly warmly welcomes this amendment in view of the prior situation, as it accedes to a request which it has made on several occasions over many years.

k. With regard to the proposed reference to Article 38 of the Statute of the Council of Europe, the Assembly considers that for clarity's sake it is preferable not to include it, all the more as this article, in its present drafting, does not concern the CLRAE.

II. Explanatory memorandum

by Mr PARISI

1. In accordance with Reference No. 1895, the Committee on the Environment, Regional Planning and Local Authorities has considered the draft statutory resolution of the Committee of Ministers appearing in Doc. 6934 and has formulated its observations.

2. At its meeting of 29 September 1993 the Committee on the Environment, Regional Planning and Local Authorities held a first exchange of views on the text, and adopted the draft opinion appearing in the first part of this document during its meeting on 13 October 1993.

3. The committee hopes that the Assembly will adopt its proposals and that the Committee of Ministers will take account of them, particularly with regard to the consultation of the Assembly should the text undergo substantive amendments.

Reporting committee: Committee on the Environment, Regional Planning and Local Authorities.

Budgetary implications for the Assembly: none.

Reference to committee: Doc. 6934 and Reference No. 1895 of 1 October 1993.

Draft opinion adopted by the committee on 13 October 1993.

Members of the committee: MM. Parisi (Chairman), Ruffy, Lord Newall (Vice-Chairmen), MM. Adamowicz, Alemyr, Bachna, Bernardini, Bjarnason G, Mrs Blunck, MM. Bondevik, Bonrepaux, Brennan, Briane, Büchel, Demiralp, Dimmer, Mrs Dromberg, MM. Eversdijk, Feldmann (Alternate: Antretter), Ferrarini, Mrs Graenitz, MM. Granstedt, Hadjidemetriou, Hardy, Grau I Buldu, Jung, Mrs Kaliska, MM. Konstantopoulos, Kukk, Lanner, Lotz, Mészáros, Monfils, Mozetic, Pinto, Redmond (Alternate: J. Thompson), Reis Leite, Mrs Robert, Mr Rubner, Mrs Sanchez de Miguel, MM. Sarens, Semerdjiev, Mrs Severinsen, MM. Siemienowicz, Slomka, Spacek, Talay, Toshev, Tummers, Vassiliades, Vella, Zierer.

N.B. The names of members who took part in the vote are printed in italics.

Secretaries to the committee: Mrs Cagnolati-Staveris and Mr Sich.