GR-EDS(2003)CB11 Addendum to the Synopsis

Ministers' Deputies / Rapporteur Groups

GR-EDS
Rapporteur Group for Democratic Stability

GR-EDS(2003)CB11-add (English only) (restricted) 18 June 2003

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Addendum to the Synopsis
Meeting of 13 June 2003

Intervention by Mr Jens Ölander, Resident expert, Council of Europe, Skopje

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Introduction

Excellencies, ladies and gentlemen,

It has been a pleasure and an honour for me to work as resident expert in Skopje since early February this year and I look forward to the two months that remain of my six month appointment.

The position as resident expert of the Council of Europe in Skopje has existed since the drafting of the Ohrid Framework Agreement in 2001 in which the Council of Europe, through the Venice Commission, played an important part. In line with the exchange of letters between European Union High Representative Javier Solana and Secretary General Walter Schwimmer, I have been working closely with the Office of the EU Special Representative, Mr Alexis Brouhns. In particular, I provide legal advice on issues relating to the Framework Agreement, especially as regards those that relate to the fields of work of the Council of Europe. I have also developed excellent working relations with a great number of Ministries and governmental and parliamentary authorities.

During the period since my arrival, the Government has shown a strong commitment towards the implementation of the Ohrid Framework Agreement. A general plan for the implementation of the Framework Agreement, together with a plan for equitable representation of the communities and an operational programme for decentralisation was adopted by the Government in February. At this moment, some of the deadlines defined in these operational documents are approaching, and it will be interesting to see whether it will be possible to keep the timetables.

Decentralisation

An important part of the Ohrid Framework Agreement concerns decentralisation and a redefinition of the municipal boundaries. According to the Framework Agreement, the law on local self-government must be in line with the European Charter of Local Self-Government. The Council of Europe has a particular responsibility in the implementation of this part of the Framework Agreement, as the European Charter of Local Self-Government in this way has been integrated into the text of the Agreement. It would, however be wrong to believe that the decentralisation process only is a consequence of the Framework Agreement.

The European Charter of Local Self-Government was ratified by “the former Yugoslav Republic of Macedonia” already in 1997. The decentralisation process is therefore also an important element in bringing the legislation and practice fully in line with the requirements of the European Charter. The Council of Europe played an important role in the elaboration of the law on local self-government which entered into force in the beginning of last year. This law and the Framework Agreement form the basis of the whole ongoing decentralisation process.

The Government adopted in the beginning of February an ambitious operational programme for the decentralisation of power. This programme includes the list of approximately 70 laws in different sectors and deadlines for their adoption. It also sets up co-ordinating bodies for the drafting of the laws and the preparation of the transfer of competencies. The decentralisation is particularly challenging, as the handover of increased powers and responsibilities to the municipalities will go hand in hand with a redefinition of the municipal boundaries through the adoption of a law on territorial division.

A group of experts under the Ministry of Local Self-Government has worked on the draft law on territorial division. The Council of Europe has not been directly involved in the work of this expert group, but recommendations of Council of Europe experts who took part in co-operation activities in Skopje and Ohrid in the second half of last year have been used as reference by the expert group. I have met regularly with the Minister of Local Self-Government, and with his State Secretary to follow the developments with regard to this important and politically sensitive law. Minister Gestakovski has suggested organising a seminar with the Council of Europe after the draft law on territorial division has been discussed in the Government and we are currently discussing this proposal in more detail with the Ministry.

I also presented the European Charter on Local Self-Government and relevant recommendations of the Council of Europe to the inter-ministerial expert group that in accordance with the Government's operational programme co-ordinates the drafting of all laws relating to the decentralisation process. This lecture was part of a training organised by the French Embassy. The director of the Information Office of the Council of Europe and I have also presented the Council of Europe's standards in the field of local self-government at other events. Furthermore, recently a package of important Council of Europe recommendations in the field of local self-government have been translated and published in co-operation with the Ministry of Local Self-Government and distributed to all municipalities.

According to the Framework Agreement, the municipal boundaries will be revised within one year of the completion of a new census. Such a census was carried out in November 2002. The Council of Europe and the European Commission lead the international monitoring and observation of the census and processing of the data obtained. Some results are available, but the ethnic breakdown is not expected until sometimes late fall. The law on territorial division can therefore not be finalised until this data is available.

In order for the municipalities to be able to fulfil their new responsibilities, they need the necessary financial sources. This is also a requirement of the European Charter of Local Self-Government. In parallel with the law on territorial division, a law on local finance is therefore being prepared. The expert group responsible for drafting this law is headed by the Ministry of Finance. The drafting group has been assisted by consultants contracted by USAID. The Council of Europe has not been invited to take part in the drafting of the law, but I have met several times with the State Secretary of the Ministry of Finance who has explained the progress in the preparation of the draft law and said that the draft will shortly be submitted to the Council of Europe for comments in the light of the European Charter of Local Self-Government.

Use of languages

Rules on the use of languages in official relations form an important part of the Framework Agreement. Progress in this field has recently been made for instance regarding the languages printed in the passports and id cards. In relation to the use of languages, we should also recall that “the former Yugoslav Republic of Macedonia”, upon acceding to the Council of Europe, undertook to ratify the European Charter for Regional for Minority Languages. Recently, the Council of Europe was requested by the Vice Prime Minister, Mr Musa Xhaferi to provide expert advice on the use of languages on the basis of the European Charter of Regional or Minority Languages. We are currently discussing the details of such advice with the Vice Prime Minister.

Judicial reform

An efficient and independent judiciary is a necessary element for the effective implementation of the Framework Agreement. A revision of the law on the Republic Judicial Council, the body responsible for proposing the selection of judges and for sanctions against judges, is currently underway with a view to ensure the representation of the communities as defined in the Framework Agreement.

A new law on the Ombudsman, although not strictly part of the judiciary, will shortly be discussed in the second reading in the parliament. The Council of Europe and others have provided opinions on the draft law. However, one of the most important of the comments made in the opinions, that the law should make clear that any person may address the ombudsman, not only citizens, have at least not yet been incorporated in the draft.

A major judicial reform, that will go much further than what is explicitly required by the Framework Agreement, is underway. On 25 – 27 June the Ministry of Justice and the Council of Europe are organising a round table on the independence of the judiciary, which will focus on selection of judges, sanctions against judges, the independence the public prosecutor and the relevant case law of the European Court of Human rights.

A draft law on the court budget has been prepared with a view to ensure the sufficient financial independence of the courts. The draft has been submitted to the Council of Europe for a written opinion and this opinion was delivered a couple of days ago.

The strengths of the Council of Europe and how to profit from them

The Council of Europe has a unique source of binding and non-binding instruments, many of which “the former Yugoslav Republic of Macedonia” herself has contributed to elaborating. These standards are not imported or imposed from outside. Several of these instruments are also reflected or directly referred to in the Ohrid Framework Agreement. The Council of Europe also has an invaluable source of experts all around Europe, that usually at short notice can provide advice on a given issue within the scope of our instruments. Close contacts between the field and information offices and the Secretariat are necessary if these sources are to be used efficiently.

The Information Office

I am based in the Information office of the Council of Europe and I rely in my work on the efficient functioning of this office. I would, therefore, like to pay tribute to its Director, Mr Vladimir Ristovski and his staff who provide me with any possible input.

Summary

In order to round up: Issues that I have been involved with during my period in Skopje or that I will be involved with during the last period of my mandate concern providing legal advice to the office of the EU special representative, the territorial division where a seminar is being planned with the Ministry of Local Self-Government, finances of local authorities where the draft law will be submitted of an opinion, the use of languages where expert assistance on he basis of the Charter of Regional or Minority Languages is being planned, the law on the ombudsman where written opinions have been submitted, the independence of the judiciary where a round table organised with the Ministry of Justice will take place in two weeks from now, and the cultural field were an expert opinion on the law on culture has been submitted and where an there is ongoing co-operation on with Ministry of Culture concerning the planned national programme for culture..

Other bilateral activities of the Council of Europe that have taken place this year and in which the information office has been involved concern the elaboration of a national strategy against corruption, the use of special investigative measures in the investigation of crimes, voting rights of women in practice, higher education reform and police ethics. Projects and activities that will take place later this year relate to the fight against money laundering, citizenship, legal aid, training for judges and prosecutors in the European Convention on Human Rights and activities concerning media and the freedom of the press.