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13 October 1995
Doc. 7417
REPORT1 on the second session of the Congress of Local and Regional Authorities of Europe (CLRAE) (30 May-1 June 1995)
(Rapporteur : Mr GRAU, Spain, Group of the European People's Party)
Summary
This report refers to the second session of the Congress of Local and Regional Authorities of Europe (CLRAE) and several of the texts adopted. It also deals with the procedure for the accession and the monitoring of commitments of new member states and the work of the CLRAE in the field of local democracy. Finally, it calls for a reinforcement of co-operation between the Assembly and the CLRAE.
I. Draft recommendation
1. The Assembly recalls its Recommendation 1256 (1995) on the regions in the Council of Europe and the establishment of the Congress of Local and Regional Authorities of Europe (CLRAE).
2. It reiterates, in this context, the importance it attaches to the CLRAE and its work, and sincerely regrets that, despite the reform approved by the Committee of Ministers, the Congress does not have sufficient resources available to carry out its task with all the efficiency required.
3. The Assembly also wishes to emphasise its interest in the protection of the environment, the conservation of which also provides a guarantee for health. Defence of the environment must continue, especially at the Council of Europe. The holding of European Nature Conservation Year 1995 notwithstanding, the Assembly is concerned about the negative outlook for the maintenance of this sector of activity in the organisation's work programme.
4. The Assembly emphasises the importance of the Council of Europe's role in the preparation of texts having the force of conventions, as well as their benefits as instruments for promoting international co-operation. In this respect it regrets that certain conventions are not applied and that some of the draft conventions submitted to the Committee of Ministers have not yet been adopted.
5. The Assembly therefore recommends that the Committee of Ministers:
i. give priority in 1996 to increasing the budgetary resources of the CLRAE, and facilitate its management by granting it greater financial independence through the budgetary package system;
ii. retain the environment as a Council of Europe sector by maintaining the appropriations necessary to the functioning, even at a reduced level, of the Steering Committee for the Conservation and Management of the Environment and Natural Habitats (CDPE);
iii. periodically inform each member state of the state of signature and ratification of existing conventions, encouraging them to accede and, as far as possible, developing the monitoring of application;
iv. adopt without further delay the draft Convention on Inter-Territorial Co-operation;
v. also adopt, as soon as possible, the draft European Charter of Mountain Regions, thus following its Recommendation 1274 (1995).
II. Draft resolution
1. The Assembly recalls the texts which it adopted on 31 January 1995 on regions within the Council of Europe and the establishment of the Congress of Local and Regional Authorities of Europe (CLRAE), namely Recommendation 1256 (1995), Resolution 1053 (1995) and Order No. 502 (1995), and reiterates its opinion and the requests made in these texts.
2. The Assembly welcomes the new role and status of the CLRAE and the increased importance of its work, derived from a greater legitimacy, and recognises all the interest and attention this work deserves in the context of its own activities.
3. In particular the Assembly attaches the greatest importance to the CLRAE reports on the state of local and regional democracy in the various member states and in the states applying for membership; these reports are among the main documents made available to the Assembly rapporteurs responsible for the procedures relating to the accession of new countries and to the monitoring of states' commitments.
4. In order to allow the Assembly, as the statutory organ responsible for giving its opinion about the accession of new member states and the monitoring of member states' commitments, to make optimum use of the information provided by the CLRAE in the area of local democracy, whilst preserving the independence of its own internal procedures, it confirms the decision taken by the Bureau to ask the rapporteurs of the Assembly to arrange, where necessary, exchanges of views with the CLRAE rapporteurs.
5. The Assembly calls on the CLRAE:
i. to take account of its proposals, mentioned in Resolution 1053 (1995), particularly in respect of the composition of the Chamber of Regions, the importance of the elected status of members of the CLRAE and its means of funding;
ii. to consider increasing the amount of time devoted to plenary sessions, whether by providing for an additional annual session or by increasing the current length of sessions;
iii. to pursue the examination of the credentials of its members with the same rigour and to monitor strictly the official procedures for the appointment of national delegations with a view to their forthcoming renewal.
6. Where the texts adopted at the second session of the CLRAE are concerned, the Assembly refers to Recommendation 9 (1995) on the 6th European Conference of Border Regions; it concurs with the CLRAE's proposals and attaches particular importance to regional planning in border regions and to the development of transfrontier co-operation in the countries of central and eastern Europe, as the Assembly pointed out in its Recommendation 1268 (1995).
7. Where Recommendation 12 (1995) on local democracy in Romania is concerned, the Assembly voices its concern in respect of the dismissal of a large number of mayors and recalls that the Committee on Legal Affairs and Human Rights has been instructed to make the necessary checks within the framework of the procedure for monitoring compliance with the honouring of commitments accepted by member states.
8. Where Recommendation 14 (1995) on the European Charter of Mountain Regions is concerned, the Assembly shares the CLRAE's position, emphasising the necessary compatibility of action to preserve the environment with economic development measures, through application also in this context of a comprehensive regional/spatial planning policy and of transfrontier co-operation as pointed out in its Recommendation 1274 (1995).
9. Where Resolution 20 (1995) on European Nature Conservation Year 1995 (ENCY 1995) is concerned, the Assembly intends to contribute by organising a hearing with NGOs and will afterwards present an evaluation report to the Assembly. It believes that the Council of Europe will continue to give the environment the importance due to it in today's world and hitherto acknowledged at the Council of Europe; it recognises the important role of local and regional authorities in nature protection and supports the CLRAE's plans to encourage their initiatives in this field.
III. Explanatory memorandum
by Mr GRAU
Contents
Page
1. Procedure for the accession and the
monitoring of the commitments of new member states 5
2. Second session of the Congress of Local and
Regional Authorities of Europe 7
3. Texts adopted by the CLRAE since its first session 9
4. Co-operation between the Assembly and the
CLRAE 11
1. Procedure for the accession and the monitoring of the commitments of new member states
The current procedure for the admission of new member states to the Council of Europe is laid down in Statutory Resolution (51) 30, which provides that "The Committee of Ministers ... before inviting a state to become a Member ... shall ... first consult the (Parliamentary) Assembly ...". More recently, a similar procedure for prior consultation of the Parliamentary Assembly was laid down in respect of the granting by the Committee of Ministers of observer status, under Statutory Resolution (93) 26.
Where compliance with the obligations and commitments entered into by Council of Europe member states is concerned, the Assembly laid down monitoring procedures with effect from 1993, currently governed by Order No. 508 (1995).
The Committee of Ministers itself adopted, on 10 November 1994, a declaration on compliance with commitments accepted by member states of the Council of Europe, and this lays down inter alia that the Committee of Ministers shall examine these matters "on the basis of a recommendation from the Parliamentary Assembly".
At the same time, the Congress of Local and Regional Authorities of Europe (CLRAE) also took a decision to prepare reports on the state of local democracy in applicant countries and on member countries' commitments in the sphere of local democracy. These reports are transmitted to the Parliamentary Assembly and the Committee of Ministers. This decision, adopted by the Bureau of the CLRAE on 10 February 1995, was communicated to the Assembly on 21 February 1995 in a letter from the President of the CLRAE to the President of the Assembly.
At that stage, the President of the CLRAE, Mr Alexander Tchernoff, had already, at a meeting on 3 February 1995 with the President of the Assembly, expressed a wish for the CLRAE to be associated with the procedure for the accession of applicant countries and with that for monitoring the commitments entered into by member states, within the field of competence of the Congress, that is that of local democracy.
On that occasion the President of the Assembly had welcomed this offer of co-operation. He had nevertheless emphasised that procedures at Assembly level must not be made more complicated and that the appropriate solution would be for the Congress' reports to be transmitted to the Assembly rapporteurs responsible for the procedures relating to accession and to the monitoring of commitments, so that they could take account of these in their analyses and conclusions.
Subsequently, in a letter of 1 June 1995, the President of the CLRAE transmitted to the President of the Assembly the report on local democracy in Albania, stating that "the Bureau of the Congress would also like the CLRAE Rapporteur to be able to present his report when a particular country's application is being discussed". In his reply of 15 June, the President of the Assembly told Mr Tchernoff that the report would be passed on to the rapporteurs concerned.
In his letters of 20 June and 10 August 1995, the President of the CLRAE transmitted an interim report on the state of local democracy in the former Yugoslav Republic of Macedonia and the same country's draft legislation on local self-government, respectively. At the same time he reiterated the proposal that the Congress' rapporteur be able to present his/her conclusions to the competent committee of the Assembly.
It should be pointed out that the CLRAE attentively monitors the setting up and operation of local and regional authorities in the countries which have applied for membership of the Council of Europe. Observation visits are organised to these countries, and their local democracy situation is the subject of specific reports. The Parliamentary Assembly rapporteurs, draw on amongst others, the Congress documents when preparing the parts of their reports dealing with local democracy.
Thus the results of the CLRAE's activity relating to local democracy are extremely valuable, and their availability to the Assembly, which can take account of them when preparing its own reports, is highly beneficial. The Assembly uses them in the same way as it makes use of the information supplied in the reports and opinions of other bodies, such as the European Commission for Democracy through Law (known as the "Venice Commission"), the reports of legal experts from the European Court and Commission of Human Rights or the information provided by other Council of Europe departments (Directorates of Political Affairs, Legal Affairs and Human Rights).
At the same time, as the President of the Assembly had already emphasised at the meeting of 3 February 1995, it seems desirable not to encumber the Assembly's procedure relating to the examination of applications for accession with additional requirements and stages of formalities.
At its meeting of 5 September 1995 the Bureau of the Assembly considered the wish of the President of the CLRAE for the Congress' rapporteur to be able to present his/her conclusions on local self-government in applicant countries to the competent committee of the Assembly.
It decided to ask rapporteurs themselves to organise any exchange of views with the Congress' rapporteur that they considered useful. Thus the CLRAE rapporteur would be able to give additional information on his report and visit to the country concerned and to draw attention to the points he regards as vital in the local self-government sphere. That arrangement would not weigh down the current procedure, while it would ensure that the work of the CLRAE was efficiently taken into account.
The Bureau also decided to apply the same procedure to the monitoring of member states' commitments in the local democracy field, which was one where the Congress had also wished to make its contribution.
2. Second Session of the Congress of Local and Regional Authorities of Europe
Following the reform of the former CLRAE, the setting up of the Congress and the holding of its first session, the Assembly had presented a report on the regions in the Council of Europe and the establishment of the Congress of Local and Regional Authorities of Europe (Rapporteur: Mr Pinto). On 31 January 1995 it had adopted three texts (Recommendation 1256, Resolution 1053 and Order No. 502) presenting several proposals.
Some of these proposals now being under study, it does not seem advisable to express a view on this subject again.
It can, however, already be stated that developments in several fields have been positive, when compared to the situation last year.
The second session of the CLRAE was generally better organised and more orderly than the first, although a few flaws appeared and some confusion occurred, mainly resulting from the holding of meetings of both Chambers of the CLRAE and of the plenary Congress either alternately or one after another. Where meetings coincided, not only did organisational problems ensue, but the monitoring of proceedings was difficult and members' participation was complicated.
It is a fact that, under the present regulations, both Chambers and the plenary Congress may meet only once a year, on the occasion of the annual plenary session. This tradition, perhaps a practical arrangement under the former CLRAE's established system, clearly cannot be continued any longer, now that the current Congress has three times as many structures and a greater number of members.
One can but recall the suggestion already put forward by the Assembly in Resolution 1053 (1995) that an additional annual session of both Chambers be instituted. These sessions should be held outside plenary sessions, and preferably at different dates, which would enable the order of business to be lightened during Congress sessions and interferences of activities in both Chambers to be avoided.
At the same time, it may be considered astonishing that, just as the CLRAE's structures are multiplying and its numbers of members rising, the length of plenary sessions is limited to three days, or even two and a half, as was the case at the second session. Eventually, a limitation of this kind might well seriously compromise the results of the Congress' work, in spite of the commitment of members and the praiseworthy efforts and commendable efficiency of the Secretariat.
I take the view that there are grounds for extending by one or two days the (single) sessions of the Congress, so that the necessary time may be spent on a larger number of subjects.
An illustration of the difficulties entailed by the present organisation of the proceedings of the CLRAE comes from the case of one of the reports on the agenda of the second session of the Congress, namely the one on the European Charter of Mountain Regions. The text had to be examined first by the Chamber of Local Authorities (on 30 May, for opinion), then by the Chamber of Regions (on 31 May, for adoption) and lastly, for final adoption, by the Standing Committee of the CLRAE, and not by the Congress, on 1 June 1995.
Where the work done during the session is concerned, leaving aside the texts to which reference will be made below, the adoption by both Chambers and the Congress of their respective rules of procedure has to be welcomed, which complete the legal framework of the CLRAE.
One might, however, regret the complexity and multiplicity of procedures (Chambers and Congress), which lead to a certain confusion in these bodies. In particular the Chamber of Regions has adopted rules which are particularly, and may be even excessively, complicated, whilst the rules of the Chamber of Local Authorities are, as much as possible, aligned on the Congress rules, which facilitates their understanding and use.
In respect of the elected status of CLRAE members, it should be underlined that excellent work has been done to verify the credentials of Congress members. Verification has been carried out rigorously, as requested by the Assembly in Resolution 1053 (1995), and this can only have positive effects on the actual legitimacy of the Congress.
The Assembly nevertheless continues to prefer, for the sake of clarity and certainty, the restriction of Congress membership to members holding elected office. CLRAE Resolution 12 (1995) on verification of credentials of delegates "instructs the Bureau to review the principles governing the appointment of national and special guest delegations" before the renewal of these delegations. It might, on this occasion, seem desirable to encourage member states' authorities to keep to a minimum the appointment of representatives holding offices making them directly responsible to an elected local or regional body.
Where the membership of the Chambers is concerned, particularly that of the Chamber of Regions, and bearing in mind the Assembly's call to restrict membership of that Chamber to the regions, I am pleased to note that certain states have spontaneously adopted the logical criterion of appointing only representatives from regional authorities to the Chamber of Regions. Cases which may be cited are those of Bulgaria, Iceland, Liechtenstein and San Marino, which, lacking regional institutions, have refrained from appointing representatives to the Chamber of Regions. It should be possible to encourage other such countries to follow these positive examples.
Where the financing of the CLRAE is concerned, the Assembly's position is sufficiently well known for it to be restated. Let it simply be said that various financing formulae may be proposed (local and regional authorities themselves, national associations or federations of local and regional authorities, governments, etc.), modelled on the Assembly, where members' participation expenses are met by the national parliaments.
In this respect, it should be recalled that, since the budgetary means put at the disposal of the CLRAE by the Committee of Ministers are paid by the governments, one might envisage that the participation costs of Congress members are directly borne by the governments concerned. Such measures would surely make it possible to free the CLRAE's annual budget, excessively burdened by payment of its members' expenses and to solve certain structural problems now arising, and already mentioned (holding of a second session, extension of sessions, increase in the number of meetings, etc.).
In respect of financing, a clear improvement in the management and balance sheet of the CLRAE will doubtless be achieved just through the flexibility added by the probable adoption, with effect from 1996, of the budgetary package.
Finally, I would like to make a critical remark, undoubtedly of a provisional nature and due the delays which are necessary for the Congress to reach its normal level of functioning, following the implementation of its new structures at its first session and the adoption of its Rules of Procedure during the second session. My critical remark concerns the little time which was devoted to questions of topical and real political interest for regions and cities and this temporary shortcoming should in future be remedied.
The proposals made above to lengthen the duration of sessions would undoubtedly allow this problem to be solved.
3. Texts adopted by the CLRAE since its first session
a. Recommendation 9 (1995) on the 6th European Conference of Border Regions
This recommendation was adopted on behalf of the Congress by its Standing Committee on 28 March 1995. Subsequently, on 25 April 1995, the Assembly discussed a report by the same rapporteur on the conference and adopted Recommendation 1268 (1995). There is therefore no need to return to this text here, the Assembly's viewpoint already being expressed in its recommendation.
Suffice it to say that the Assembly, as confirmed during the 6th Conference and in its own debate, shares the Congress' concern and concurs with its proposals relating to transfrontier co-operation, particularly in respect of development and regional/spatial planning in frontier regions and the promotion and development of transfrontier co-operation in the countries of central and eastern Europe.
In this context, the Assembly reiterates its hope that the Committee of Ministers will rapidly adopt, and, where applicable, member states will recognise and make use of the Council of Europe's Conventions and texts having the force of Conventions relating to transfrontier co-operation and associated subjects (Outline Convention on Transfrontier Co-operation and its additional Protocol, draft Convention on Inter-Territorial Co-operation, European Charter for Regional or Minority Languages, Framework Convention for the Protection of National Minorities, etc.).
b. Recommendation 12 (1995) on local democracy in Romania
The Committee on the Environment, Regional Planning and Local Authorities has discussed this matter. It inter alia studied with great interest this first report on the situation of local democracy in a member state, and also appointed a rapporteur, its Vice-President, Mr Ruffy, to take part in the activities of the CLRAE working group on this subject.
The committee was concerned to note certain serious problems in the setting up and functioning of local democracy in Romania and numerous inadequacies in the country's legislation on the subject.
The committee considered this matter at its meeting of 6 September 1995 and, inter alia, studied the exchange of letters between the Vice-President of the CLRAE, Mr Chenard, and its own Vice-President, Mr Ruffy, who had informed the President of the Assembly of this.
The Bureau of the Assembly was also informed and dealt with the issue at its meeting of 5 September 1995. It decided to transmit the matter to the Committee on Legal Affairs and Human Rights, for it to be duly taken into account within the framework of the procedure set up by Order No. 508 (1995) on the honouring of obligations and commitments by member states of the Council of Europe.
c. Recommendation 14 (1995) on the European Charter of Mountain Regions
Subsequent to the adoption of this recommendation by the CLRAE, the Assembly itself discussed a report on the draft European Charter of Mountain Regions (Rapporteur: Mr Briane) on 27 June 1995, and adopted Recommendation 1274 (1995).
The Assembly, which was associated with the preparation of this charter, shares the Congress' views on the problems of mountain regions and about the importance of the draft charter, and it can but fully support the CLRAE's request that the Committee of Ministers adopt the text as soon as possible, which the Assembly itself had asked in its Recommendation 1274 (1995).
d. Resolution 12 (1995) on verification of credentials of delegates to the Congress of Local and Regional Authorities of Europe and of special guests
This subject has already been mentioned above. The Assembly merely wishes to emphasise the importance it attaches to the verification of credentials, on which the legitimacy and credibility of the Congress partly depend. It welcomes the implementation of this procedure with the full rigour required, at the risk of criticising certain national delegations and even, if appropriate, of refusing the appointment of certain members and of excluding them from membership of the CLRAE.
The Assembly also regrets that certain delegations have not been appointed, including the Belgian one for the second successive year.
On the occasion of the Fourth World Conference on Women organised by the United Nations (Beijing, September 1995), it also regrets the absence of women from nine national delegations, an absence which in fact contravenes Article 2 of the CLRAE Charter.
e. Resolution 20 (1995) on European Nature Conservation Year 1995
The Assembly is particularly pleased with the declaration of 1995 as European Nature Conservation Year. The Assembly, and particularly the Committee on the Environment, Regional Planning and Local Authorities, has always been committed to the environment and to nature conservation, all the more so since the holding in Rio de Janeiro in 1992 of the United Nations Conference on Environment and Development, which has in particular resulted in the Biodiversity Convention being concluded.
The Assembly has already given its views on this subject, both in the report on a comprehensive and integrated European conservation policy (Rapporteur: Ms Graenitz) and in Order No. 504 (1995). It has decided closely to monitor the activities organised during ENCY 1995, and will also be making its own contribution by holding a colloquy on the role of NGOs in the implementation of environment policies; early in 1996, it will be making a general appraisal of the results of European Nature Conservation Year.
In this respect the Assembly has always been in favour of the development and full use of a unique legal instrument adopted by the Council of Europe, the Convention on the Conservation of European Wildlife and Natural Habitats (known as the Bern Convention).
The Assembly considers that the time has now come to go one step further, so as to guarantee nature conservation, not only within, but also outside protected areas.
It wishes to take advantage of this opportunity to voice its interest in the Secretary General's proposals to reinforce the Secretariat and resources of the Bern Convention. At the same time, however, it can only express amazement that, precisely at the time of European Nature Conservation Year, provision has been made in the proposals for the 1996 budget and activities for the Steering Committee for the Conservation and Management of the Environment and Natural Habitats (CDPE) to be disbanded. The Assembly expects that this proposal will not be taken up.
4. Co-operation between the Assembly and the CLRAE
As it has always done hitherto, and as it again reiterated in Order No. 502 (1995), the Assembly intends to continue and develop the excellent co-operation with the CLRAE which has always existed.
Recent evidence of this can be found just by referring to some of the above-mentioned texts concerning activities conducted jointly by the Assembly and the Congress, or involving close collaboration between them. Whether it be the 6th European Conference of Frontier Regions, the 3rd European Conference of Mountain Regions, local democracy in Romania or nature conservation, the Assembly, and more specifically its Committee on the Environment, Regional Planning and Local Authorities, has always associated itself with the concerns and initiatives of the CLRAE.
In Order No. 502, the Assembly inter alia instructed its competent committee to "arrange periodic meetings with the President of the Congress of Local and Regional Authorities of Europe and the Presidents of both the latter's Chamber of Regions and Chamber of Local Authorities". The first such meeting took place on 3 March 1995, and the committee wishes to arrange another shortly.
This order also instructed the committee to "continue to organise sectorial interregional conferences ... in conjunction with the CLRAE". This, too, has recently been put into practice, on the occasion of the 4th Conference of Mediterranean Regions, jointly organised by the Assembly and the CLRAE, and held in Cyprus from 20 to 22 September 1995.
Attention may also be drawn to other important fields of co-operation, such as the one mentioned at the start of this report in respect of the CLRAE's contribution to the procedures relating to the accession of new member states and the monitoring of their commitments. Another example is the participation of members of the Assembly in several CLRAE working groups (regional planning, European Charter of Regional Self-Government, etc.).
The Assembly wishes to continue and step up co-operation with the Congress, and the Committee on the Environment, Regional Planning and Local Authorities will take responsibility for, and co-ordinate, the development of such co-operation in agreement with the representatives of the Congress.
*
* *
Reporting committee: Committee on the Environment, Regional Planning and Local Authorities.
Budgetary implications for the Assembly: none.
Reference to committee: standing mandate.
Draft recommendation and draft resolution adopted by the committee on 28 September 1995.
Members of the committee: Mr Parisi (Chairman), Mr Ruffy, Lord Newall (Vice-Chairmen), MM. Andreoli, Arata, Ateş, Bachna, Mrs Birzniece, Mrs Blunck (Alternate: Mr Antretter), MM. Bonrepaux (Alternate: Mr Le Grand), Brennan (Alternate: Mr Maloney), Briane, Büchel, Carcarino, Mrs Ciemniak, Mr Demiralp, Mrs Dromberg, MM. Eversdijk, Feldmann, Frunda, Grau, Haraldson, Hardy, Herrero, Johansson, Jung (Alternate: Mr Valleix), MM. Korakas, Kukk, Lanner, Lie (Alternate: Mrs Blattmann), MM. Magnusson, Mocanu, Molnar, Monfils, Motiu, Mozetič, Mrs Naoumova, MM. Pinto, Požéla, Prokeš, Redmond, Reis Leite, Mrs Robert, MM. Rott, Sarens, Mrs Severinsen, Mr Špaček, Mrs Stoisits, MM. Szymański, Theis, Toshev, Vella, Mrs Verspaget, Mr Zierer.
N.B. The names of those members present at the meeting are printed in italics.
Secretaries to the committee: Mrs Cagnolati-Staveris, Mr Sixto.
1 1By the Committee on the Environment, Regional Planning and Local Authorities.