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For debate in the Standing Committee see Rule 15 of the Rules of Procedure
Pour débat à la Commission permanente – Voir article 15 du Règlement
Doc. 9265
15 October 2001
Opinion on the draft recommendation of the Committee of Ministers to member states on “Participation of citizens in local public life”1
Report
Committee on the Environment and Agriculture
Rapporteur: Mr Jean Briane, France, Group of the European People's Party
Summary
In a letter dated 18 May 2001, the Chairman of the Ministers’ Deputies requested the Assembly’s opinion on a draft recommendation to member states on “Participation of citizens in local public life”. The Assembly referred the request for an opinion to the Committee on the Environment and Agriculture for report.
The committee considers that the draft recommendation concerns a subject which is highly important for local democracy and particularly timely and fully supports its adoption by the Committee of Ministers.
I. Draft opinion
1. The Parliamentary Assembly considers participation in public life one of the most important political aspects of democracy. The active and responsible involvement of citizens in democratic structures, and their participation in representative institutions, are decisive in guaranteeing the legitimacy, credibility and operation of the democratic systems which constitute the Council of Europe member states’ joint heritage.
2. Local democracy is one of the basic components of the democratic system and allows individuals to exercise, as directly and as close to home as possible, that right to play a part in managing public affairs, while also giving them an insight into the workings of democratic institutions.
3. Reduced voter turn-out in elections on various levels and public dissatisfaction with the functioning of democratic institutions now make it necessary for the Council of Europe – which plays a basic role, through its standard-setting activities and its co-operation and assistance programmes for member states, in protecting and strengthening democracy in Europe - to reflect and take action.
4. In these circumstances, the Assembly considers the Committee of Ministers draft recommendation to member states on the participation of citizens in local public life, on which it has been asked to give an opinion, both highly important and particularly timely.
5. The Assembly notes with interest the recommendation’s analysis of current trends in public attitudes to representative institutions and structures for participation in public life, and largely accepts its conclusions and proposals on action to be taken on various levels to promote individual involvement in community affairs, while respecting the subsidiarity principle and the special features of local situations.
6. The Assembly attaches the greatest importance to respect for the individual’s right to have access to information of public interest, and to communication between public authorities and citizens, and refers in this connection to its Recommendation 1430 (1999) on access to information, public participation in environmental decision-making and access to justice.
7. For representative democracy to function effectively, the Assembly believes that a balance must be struck between the official exercise of political responsibilities and direct citizen participation in the decision-making process, and refers to its Resolution 1121 (1997) on instruments of citizen participation in representative democracy.
8. In this context, it attaches great importance to the widest possible participation in local consultations and referendums. In certain cases, instead of being confined to citizens who have the right to vote, these procedures could be opened up to long-term residents and young people aged 16 or over. Furthermore, if the right to vote in local elections has not been granted, special arrangements should be made for the representation and consultation of all communities, including settled migrant workers.
9. The Assembly considers that exchanges of information between Council of Europe member states on the best approaches to citizen participation, and particularly the fair representation of women and men, and the participation of children and young people, can help to consolidate acceptance of democratic values throughout Europe, and encourages the Committee of Ministers to commit the Council of Europe more fully to such activities.
10. The Assembly accordingly supports the draft recommendation to the member states on participation of citizens in local public life, and recommends that the Committee of Ministers adopt it.
II. Explanatory memorandum by Mr Briane
1. In a letter to the President of the Parliamentary Assembly dated 18 May 2001, the Chairman of the Ministers’ Deputies requested the Assembly’s opinion on a draft recommendation to member States on “Participation of citizens in local public life”.
2. This Recommendation represents a continuation of the Council of Europe’s work to promote public participation in local political life, both at Assembly level and in the context of intergovernmental activities.
3. With particular regard to the Assembly’s work on various aspects of public participation, the following texts may be noted: Recommendation 1500 (2001) on the participation of immigrants and foreign residents in political life in the Council of Europe member states, Resolution 1231 on the impact of electoral systems on the political process, Recommendation 1430 (1999) on access to information, public participation in environmental decision-making and access to justice - implementation of the Еrhus Convention, Resolution 1121 (1997) on instruments of citizen participation in representative democracy, Recommendation 1315 (1997) on the minimum age for voting, Resolution 980 (1992) on citizens' participation in politics and Recommendation 1019 (1985) on the participation of young people in political and institutional life. Thus, the Assembly has always taken a keen interest in the question of participation by citizens in public life, and has worked to promote the smooth functioning of the institutions of participative democracy.
4. On an intergovernmental level, mention should be made of Committee of Ministers Recommendation N°R (81)18 to member States concerning participation at municipal level, Recommendation N° (96) 2 on referendums and popular initiatives at local level and Recommendation N°(97) 7 on local public services and the rights of their users. The Council of Europe has also drawn up the Convention on the Participation of Foreigners in Public Life at Local Level, which entered into force in 1997.
5. Accordingly, the new Recommendation is based on considerable past achievements and the practical experience of various Council of Europe member States in promoting participation by citizens in public life. Equally, it is intended to highlight the new challenges facing participative democracy. Indeed, the draft Recommendation has been drawn up at a time when there are increasingly clear indications that public interest in politics and representative institutions is waning, a development that is worrying in terms of the latter’s legitimacy and effectiveness.
6. The new Recommendation’s objective is thus to analyse the new challenges facing democracy and, by pooling national experiences in promoting public participation, to provide guidelines for public authorities on political action in this area.
7. Your Rapporteur considers that the draft Recommendation on the participation of citizens in local public life corresponds to a genuine need for discussion and action by the Council of Europe, so as to safeguard and strengthen democratic systems in Europe. Accordingly, he welcomes this initiative and recommends that it be adopted by the Committee of Ministers.
Reporting committee: Committee on the Environment and Agriculture
Reference to committee: Doc. 9172 and Reference No. 2649 of 25 September 2001
Draft opinion adopted unanimously by the committee on 27 September 2001
Members of the committee: Mr Behrendt (Chairman), MM. Hoeffel, Hornung (Vice-Chairmen), MM. Adamczyk, Agius (Alternate: Debono Grech), Mrs Agudo, MM. Akçali, Aliko, Mrs Angelovicova, MM. Annemans, Bartos, Bockel, Briane, Browne (Alternate: Kiely), Mrs Burataeva, MM. Carvalho, Sir Sydney Chapman, MM. Colla, Cosarciuc, Cox, Duivesteijn, von der Esch, Etherington, Frunda (Alternate: Coifan), Giovanelli, Gonzalez de Txabarri, Graas, Grachev, Gubert, Hajiyeva, Haraldsson, Ilascu, Kalkan, Mrs Kanelli (Alternate: Mr Pavlidis), MM. Keuschnigg, Kharitonov, Kjaer, Kolesnikov, Kostenko, Kostytsky, Kurucsai, Kurykin, Lachat (Alternate: Maissen), Libicki, van der Linden, Lotz, Manukyan, Mariot, Martinez Casan, Mauro, Mrs Mikaelsson, MM. Monteiro, Müller (Alternate: Michels), Oliverio, Podobnik, Pollozhani, Prosser (Alternate: Meale), Radic, Rise, Salaridze, Mrs Schicker, MM. Schmied (Alternate: Mrs Fehr), Skopal, Smolarek (Alternate: Gibula), Stankevic, Stoica, Mrs Stoyanova, Tanik, Theodorou, Tiuri, Truu, Vakilov, Velikov, Volpinari, Zierer, Mrs Zissi.
N.B. The names of those members present at the meeting are printed in italics.
Secretariat to the committee: Mrs Cagnolati, MM. Sixto and Chevtchenko.