34th Plenary Session
of the Congress of Local and Regional Authorities

of the Council of Europe

Compendium of oral replies by

Mr Simon Emil AMMITZBØLL-BILLE,
Minister for Economic Affairs and the Interior of Denmark
on behalf of the Chair of the Committee of Ministers

REPLY TO WRITTEN QUESTION No. 1

BY Stewart DICKSON
United Kingdom (R, ILDG)

Question:

The Congress attaches great importance to its political dialogue with the Member States and the Committee of Ministers, a dialogue that it has developed and enlarged in the context of monitoring and post-monitoring. However, the vast majority of the recommendations adopted by the Congress and transmitted to the Committee of Ministers are not followed up after being communicated to the governments concerned.

How could the follow-up of the Congress recommendations and their concrete implementation in the member states be improved?

Reply:

The Committee of Ministers highly values the political dialogue between your Congress and member States. It is an opportunity for central and local authorities in each country to compare their experiences with that of other member States and draw on positive initiatives that they have taken.

Beyond this political dialogue, the concrete advice and assistance that you provide in the context of your monitoring visits and thereafter, in the framework of the post-monitoring activities, is most useful in assisting member States to make progress with regard to the implementation of the European Charter on Local Self-Government.

As far as your question is concerned, I do not have an immediate answer to it as it would require an in-depth analysis of the reasons why some of your recommendations may not be followed up. It may be very different aspects to this - from a political, technical or financial point of view.

Your Congress is certainly the best placed to carry out such an analysis in consultation with national and local authorities in member States.

Perhaps your Congress could also look to the practices of other monitoring bodies of the Council of Europe in order to ascertain how they have addressed this question.

As far as the Committee of Ministers is concerned, any suggestions that your Congress may make for its further involvement will be carefully considered.

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REPLY TO WRITTEN QUESTION No. 2

BY Antje GROTHEER
Germany (R, SOC)

Question:

As far as we know, the Danish Chairmanship of the Committee of Ministers has issued a draft declaration on the human rights system in the future Europe. Due to that draft being classified as restricted, its contents are not at all known.

But the Parliamentary Assembly asserted in its declaration from March 16th that your draft puts into question the universality of the rights being protected by the Convention, the independence of the European Court of Human Rights, free from political influence, the scope of the Court‘s jurisdiction over all matters concerning interpretation and application of the Convention, and the States Parties’ unconditional obligation to implement the Court‘s judgments.

What do you say about those concerns? And when will the Congress get to know the draft of the Copenhagen Declaration to develop an own opinion?

Reply:

The Danish Chairmanship initiative on continued reform of the European Human Rights System is handled by our Minister of Justice and I am not familiar with all details.

 

However, I can assure you that the Danish Government has no intentions of undermining the human rights protection in Europe. On the contrary, we are pushing for reforms to ensure a more effective, focused and balanced system.

The first draft was public. The text is now being negotiated in the Committee of Ministers. Following usual protocol the text will remain restricted as long as these negotiations take place.

Regarding the involvement of the Congress, I am aware that the President of the Congress has been invited to take part in the Copenhagen Conference in April.

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REPLY TO WRITTEN QUESTION No. 3

BY Svetlana ORLOVA
Russia (R, EPP)

Question:

The presidential elections were recently held in the Russian Federation. The day before the voting Ukrainian authorities released their decision to prohibit Russian citizens from participating in the elections at the Embassy in Kiev and General Consulates of Russia in Ukraine. This is an unprecedented for a civilized Europe decision that violates universally recognized principles and norms of democracy and law.

How will the Council of Europe respond in these circumstances and will it use its monitoring mechanisms to ensure citizens' rights to participate in elections in front of unacceptable and obvious violations of the European Convention on Human Rights?

Reply:

Thank you for your question.  As it addresses an issue that has not been discussed in the Committee of Ministers, I am unable to comment thereon.

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REPLY TO WRITTEN QUESTION No. 4

BY Vladimir VARNAVSKIY

Russia (R, ILDG)

Question:

The protection of national minorities` rights is one of the traditional priorities for the Council of Europe. New laws on education adopted in Latvia and Ukraine violate the right of national minorities to study in their native language.

What does the Committee of Ministers intend to undertake in order to change these laws and protect the rights of national minorities in these countries?

Reply:

The Council of Europe has greatly contributed during the last 20 years to the protection of national minorities in Europe, notably through two treaties and their monitoring bodies, the European Charter for Regional or Minority Languages and the Framework Convention on the Protection of National Minorities. Both treaties acknowledge that the protection of minorities is instrumental for the preservation of Europe’s cultural diversity as well as for ensuring democratic security on our continent.

Ukraine

With regard to Ukraine, in November last year, the Committee of Ministers adopted a series of decisions addressing, inter alia, the question of the law on education. In particular, the Ukrainian authorities were urged by the Committee “to conduct wide and inclusive consultations on legislation affecting the rights of all persons belonging to national minorities, and in particular their language rights, as well as to engage with the relevant bodies of the Council of Europe”.

The Committee of Ministers welcomed in this regard the decision of the Ukrainian authorities to submit the new law on education to the Venice Commission for an opinion. The fact that the Ukrainian authorities have indicated their intention to take the recommendations of the Venice Commission into account in the subsequent legislative process is a positive step to be encouraged.

More recently, in February this year, the Committee of Ministers adopted an Action Plan for Ukraine (2018-2021), which provides that the Council of Europe will assist the Ukrainian authorities in further developing the legal framework on the protection of national minorities and use of minority languages as a way to strengthen intercultural understanding and multilingualism. I trust that the Ukrainian authorities will use this assistance.

Latvia

With regard to Latvia, the third cycle of monitoring of the implementation of the Framework Convention for the Protection of National Minorities is being completed. The report and recommendations of the Advisory Committee will soon be transmitted to the Committee of Ministers. Possible concerns regarding the teaching in minority languages in Latvia will therefore be examined by the Committee of Ministers in this context. You will understand that at this stage it is too soon to draw any conclusions.

Conclusion

To summarise, I would like to assure you that the Committee of Ministers will continue to follow closely the situation of national minorities in Ukraine and Latvia, as in all States Parties to the Framework Convention for the Protection of National Minorities.

Danish and German co-operation on minorities in the border region has been handled very well since the 1950’s. I would call it a model for Europe.

We put great emphasis on protecting languages on both sides of the border.

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REPLY TO WRITTEN QUESTION No. 5

BY Gabriele NEFF
Germany (L, GILD-ILDG)

Question:

The Congress has been resolutely engaged for several years in mobilising communities and especially mayors to fight against radicalisation. We believe that this fight is and should be done at the local level.

How do you encourage the Congress to continue these efforts despite the financial difficulties of the Organisation that forced us to postpone to 2019 our 4th Summit of Mayors against radicalisation?

Reply:

Thank you for your question.  The Committee of Ministers highly values the work carried out by the Congress at grass roots level to combat radicalisation.  It is indeed regrettable that the Summit has had to be postponed due to the current difficult financial circumstances.  I would point out that it is not only the Congress but all sectors across the Organisation that have been affected by the situation.  This being so, addressing radicalisation remains a priority for our Organisation.  I hope that the Congress will be able to continue its valuable activities, albeit in the reduced format, until the situation can return to normal.  

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REPLY TO WRITTEN QUESTION No. 6

BY Harald SONDEREGGER

Austria (R, EPP/CCE)

Question:

Many Recommendations of the Committee of Ministers to member states require implementation by regional governments or parliaments and / or by cities and municipalities. I refer to some recent ones with a local and regional dimension:

-           The Recommendation of the Committee of Ministers to member States on the participation of citizens in local public life adopted last week, on 21 March 2018

-           The Recommendation of the Committee of Ministers to member States on youth work from 31 May 2017

-           The Recommendation of the Committee of Ministers to member States on the legal regulation of lobbying activities in the context of public decision making from  22 March 2017

How does the Committee of Ministers make sure that these Recommendations are known and implemented by the respective sub state authorities? Is there any evaluation in place on how recommendations are followed up (for example by the respective intergovernmental steering committees)? Has the Committee of Ministers envisaged to use the Congress as part of the communication strategy in cases like this?

Reply:

Thank you for your question.  Most recommendations adopted by the Committee of Ministers expressly invite governments to ensure the translation of the text into their official language and disseminate to relevant stakeholders, including local and regional authorities.  In this respect, your suggestion to use the Congress to assist in the dissemination and communication of recommendations could certainly be explored further.  

With regard to evaluating the implementation of the recommendations you have mentioned, the responsible Steering Committees do indeed, under their terms of reference, have a general or a specific task to examine and promote the implementation of the texts. In addition, some recommendations, like the one on youth work, contain a specific provision that the Committee of Ministers examine their implementation after a certain period of time. 

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REPLY TO WRITTEN QUESTION No. 7

BY Andrew DISMORE

United Kingdom (R, SOC)

Question:

Dear President,

Does the Committee of Ministers share the repugnance of ordinary people at the alleged state-sponsored assassination attempt on Sergei and Yulia Skripal, which also caused serious injury to a police officer who went to their aid, in the UK city of Salisbury earlier this month, and which putting the local community in mortal danger constituted a clear violation of many of the fundamental principles cherished by this Congress?

And does the Committee of Ministers share the view that this is not merely a bilateral concern between the UK and Russia, but further evidence of the malign influence of Russia which has already offended the rules-based international system and which stretches to actions concerning Crimea, Syria and its alleged interference in the democratic process in a number of national elections over recent years?

Reply:

The matter you refer to was the subject of an in-depth discussion within the Ministers’ Deputies last week. I also note that a number of our member States’ Foreign Ministers have issued statements on this issue.

Many member States have expressed their serious concern in view of the fact this has been the first and an unprecedented attack using a nerve agent in Europe since World War II, in clear violation of international law. The circumstances under which this attack was carried out clearly exposed a number of people to significant danger. A number of member States have taken extremely seriously the UK Government’s assessment that it is highly likely that the Russian Federation is responsible.

The Russian Federation has expressed its position in response.

Finally, our thoughts are with the victims of this outrageous attack and we wish them full and speedy recovery.

This is all I can say at this stage.

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REPLY TO WRITTEN QUESTION No. 8

BY Cybele SCHNEIDER

Switzerland (Youth delegate)

Question:

Dear Minister,

I would like to ask this question to the Danish chairmanship of the Committee of Ministers on behalf of the Congress group of youth delegates:

As you mention in your priority on the ongoing reform to the Convention system, the European Court of Human Rights has influence on policy areas of critical importance to member states and their populations. Is there not the risk of narrowing down the human rights system as a whole when you gear the work of the Court only towards the most serious or violent cases?

Reply:

First of all, I would like to thank the young delegates for their question. As also mentioned in my speech, the involvement of children and young people in democracy is one of the five priorities of the Danish chairmanship. Involvement in a democracy includes having an open dialogue about important topics. Therefore, I am very happy to have the opportunity to have this exchange of views with you here today.

The Danish Chairmanship initiative on continued reform of the European Human Rights System is handled by our Minister of Justice and I am not familiar with all details. As far as I understand, we are progressing well in working out a new Declaration among all our member States on how to maintain a strong human rights system.

I can assure you that the Danish Government has no intentions of undermining the human rights protection in Europe. On the contrary, we are pushing for reforms to ensure a more effective, focused and balanced system.

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JOINT REPLY TO WRITTEN QUESTIONS No. 9

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BY Xavier CADORET

France (L, SOC)

Question:

The zero nominal growth adopted by the Committee of Ministers, as well as the change of status of Turkey and Russia's non-payment of the second part of its contribution to the 2017 budget and the first share for 2018, have disastrous consequences for the Council of Europe budget and, beyond its capacity to fully fulfill its tasks.

How do you see the budgetary evolution of the Organisation in the coming months?

BY Artur TORRES PEREIRA
Portugal (R, PPE/CCE)

Question:

Dear President,

The question of Russian non-payment has highlighted the structural weakness of the Council of Europe's budget. Indeed, 60% of the budget is provided by contributors from five countries: Germany, France, the United Kingdom, Italy and Russia. This situation allows one of those States which refrains from paying its share, to take hostage and to immediately weaken the entire Organisation.

How can this situation be remedied? Is it possible to change the distribution key of the budget?

BY Bernd VOEHRINGER

Germany (L, PPE/CCE)

Question:

Dear Chair,

In the context of many crises and conflicts within Europe and the Member States of the Council of Europe, we strongly believe that we should collectively work towards a stronger and reinforced Council of Europe.

On behalf of the German Delegation, I welcome the efforts undertaken by the Danish Chairmanship in expressing their commitment to and support for the Council’s work but would like to ask the following question:

Under the latest developments and decisions taking by our partners from Russia and Turkey regarding their financial contribution, we would like to understand the actions and measurements the Chairmanship is planning to undertake to guarantee an effective functioning of the Council, taking into account that monitoring missions are postponed due to our financial constraints. Could you please share your views with us?

BY Leontien KOMPIER
Netherlands (L, SOC)

Question:

Dear Minister,

The recent decision of the Committee of Ministers, to limit the budget to zero nominal growth, that means no compensation for inflation, has led to severe budget scarcity to the Congress.

 

This in combination with the non-payments by the Russians, has already caused that important monitoring missions had to be delayed. And other activities even cancelled. This severely weakens the position of the Congress, This, happening at a time when democratic values, rule of state and Human Rights are under a lot of pressure in many of the member states, undermines the important work of the Congress

How do you see the work of the Congress in the coming years bearing in mind this growing budget gap?

BY Clemens LAMMERSKITTEN

Germany (L, EPPP/CCE)

Question:

In its recommendations to the Committee of Ministers on the 2016-2017 and 2018-2019 budgets, the Congress has repeatedly stressed the now dramatic reduction of statutory activities. I refer to the monitoring of the Charter as well as to thematic activities such as integration of refugees and measures against radicalisation. These and other policies are being implemented effectively and tangibly by the regions, cities and communities, and not just by national governments.

In the budget negotiations of the Committee of Ministers, the German delegation introduced the Federal Government's position that Congress should be allocated a 3% share of the Council of Europe's budget. I cannot repeat the many good reasons here. They are included in the recommendations to the Committee of Ministers.

Minister, how does your Government see the role of the Congress and the local and regional dimension in the Council of Europe's budget? Are you ready to call on your colleagues in the Committee of Ministers to increase the budget of the Congress to 3%, as Germany has proposed?

Reply:

Thank you for these questions.  I have asked to take them together as they are all linked explicitly to the budgetary situation of the Council of Europe.

As I indicated in my speech, we are indeed faced with an unprecedented budgetary situation. With regard to the budgetary evolution in the coming months, I would like to underline the following:

After the decision of Turkey to no longer be a major contributor to the budget of the Organisation as from 2018, the Secretary General has taken a number of precautionary measures to adapt to the situation, which have been discussed among the member States.  This action was imperative to address the repercussions of the decision of the Turkish authorities.

With regard to the Russian Federation’s non-payment of its contributions to the Organisation, we sincerely hope that this situation will be remedied soon and that the Russian Federation will pay its outstanding obligatory contributions for 2017 and for 2018.  This is crucial for the Organisation – both for its functioning and for the status of the Russian Federation within the Organisation.  The Committee of Ministers is closely following developments in this area, including the Secretary General’s dialogue with the authorities of the Russian Federation.

Mr Torres Pereira asked if it is possible to change the distribution key of the budget.  At present, the contributions from member states are determined in accordance with Resolution (94)31 on the method of calculating the scales of member states’ contributions, based on the GDP and population of member States.  Revision of this resolution has not been discussed by the Committee of Ministers and is not on its agenda at this moment.

Finally, with regard to the budget and the work of the Congress in particular, it is indeed regrettable that the current situation has impacted on monitoring visits and other activities of the Congress.  As I have already mentioned, it is not only the Congress but all sectors across the Organisation that have been affected by this situation.  I very much hope that we will return to a more normal budgetary situation very soon.

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REPLY TO WRITTEN QUESTION No. 10

BY Ms Yoomi RENSTROM
Suède (R, SOC)

Question:

Following the sanctions imposed on its delegation by the Parliamentary Assembly, Russia has decided to stop paying its contribution to the Council of Europe's budget since last summer, which is contrary to its obligations to the Organisation. This decision was not the subject of any clear statement on the future intentions of the Russian authorities and leaves the Organisation in a political and budgetary vagueness prejudicial to its activities.

What is the political response of the Committee of Ministers to this situation and what legal measures can be envisaged?

Reply:

Thank you for this question which of course follows on from the previous one. At the political level, the situation has been regularly discussed by the Ministers’ Deputies and it has been repeatedly underlined that the Russian Federation has an obligation to pay its contributions to the Organisation.

As you rightly point out, there has been no formal notification by the Russian Federation, to date, that it has no intention of paying its outstanding contributions.   The Committee of Ministers has therefore not discussed possible legal measures that may be taken in the event that the Russian Federation persists in its position in the longer term.  Having said that, we have, of course, internal rules that specify the procedures and the role of the Committee of Ministers in situations where member States, over a period of time, fail to pay their obligatory contributions to the budget. We very much hope that the Russian Federation will rapidly remedy the situation and pay its contributions in the near future.