Ministers’ Deputies
Decisions
CM/Del/Dec(2011)1123 14 October 2011
1123rd meeting, 12 October 2011
Decisions adopted
CONTENTS
Page
List of those present................................................................................................................... 6
Introduction................................................................................................................................. 9
1. General questions
1.1 Adoption of the agenda............................................................................................................... 9
1.2 Preparation of forthcoming meetings........................................................................................... 9
1.3 Dialogue with the Secretary General and the Deputy Secretary General......................................... 10
1.4 Report of the Bureau................................................................................................................. 10
1.5 Conferences of specialised ministers – State of preparation........................................................ 10
2. Democracy and political questions
2.1 The Council of Europe and the conflict in Georgia......................................................................... +
2.1bis Current political questions
a. Activities for the development and consolidation of democratic stability.................................. 11
b. Other questions..................................................................................................................... 11
- Statement by the Representative of the European Union on Azerbaijan
- Statement by the Representative of the European Union on Ukraine
- Statement by the Representative of France on Ukraine
- Statement by the Representative of Lithuania on Ukraine
- Statement by the Representative of Switzerland on Ukraine
- Statement by the Representative of Georgia on the Eastern Partnership Summit and meeting of GUAM Council of Ministers for Foreign Affairs
2.2 Situation in Cyprus....................................................................................................................... +
2.3 Steering Committee on Local and Regional Democracy (CDLR) –
Draft Recommendation CM/Rec(2011)… of the Committee of Ministers to member states
on the funding by higher-level authorities of new competences for local authorities and its
Explanatory Memorandum......................................................................................................... 12
2.4 “The reform of the Congress of Local and Regional Authorities within the Council of Europe
reform” – Recommendation 299 (2011) of the Congress of Local and Regional Authorities of the Council of Europe 12
3. Parliamentary Assembly
3.1 4th part of the 2011 Session (Strasbourg, 3-7 October 2011)
a. Communication by the Secretary General of the Parliamentary Assembly on the 4th part
of the 2011 Session and other Assembly activities...................................................................... 12
b. Communication by the Chairman of the Committee of Ministers and replies to parliamentary questions (3 October 2011) 13
4. Human rights
4.1 Group of Experts on Action against Trafficking in Human Beings (GRETA)
a. Exchange of views with the President of the GRETA.................................................................. +
b. First general activity report covering the period from February 2009 to July 2011...................... 13
Page
4.2 European Social Charter –
Draft Declaration of the Committee of Ministers on the 50th anniversary of the Charter................. 13
7. Education and culture
7.1 Steering Committee for Cultural Heritage and Landscape (CDPATEP) –
Abridged report of the 4th plenary session (Strasbourg, 5-6 May 2011) and meeting of its Bureau (Strasbourg, 22-23 June 2011)....................................................................................................................... 14
9. Sustainable development
9.1 “Landscape: a new dimension of public territorial action” – Recommendation 292 (2010) of the Congress of Local and Regional Authorities of the Council of Europe............................................................. 14
9.2 “Sustainable development of mountain regions and the experience of the Carpathian
Mountains” – Recommendation 296 (2010) of the Congress of Local and Regional Authorities
of the Council of Europe............................................................................................................ 15
10. Legal questions
10.1 Committee of Experts on Terrorism (CODEXTER) –
Abridged report of the 20th meeting (San Sebastian, Spain, 14-15 June 2011).............................. 15
10.2 European Committee on Crime Problems (CDPC)
a. Abridged report of the 60th plenary session (Strasbourg, 14-17 June 2011).............................. 15
b. Draft Fourth Additional Protocol to the European Convention on Extradition and its
Explanatory Report.................................................................................................................... 15
10.3 European Charter for Regional or Minority Languages
a. Second report of the Committee of Experts in respect of Serbia.............................................. 16
b. Fourth report of the Committee of Experts in respect of Sweden............................................. 16
10.4 Steering Committee on Bioethics (CDBI) –
Abridged report of the 40th meeting (Strasbourg, 21-23 June 2011).............................................. 16
11. Administration and logistics
11.1 Staff Regulations – Amendments with regard to delegation of staff management powers to the Registrar of the European Court of Human Rights – Draft resolution.................................................................... 16
11.2 Budget Committee – Replacement of a substitute member in respect of Germany for the term
ending 31 December 2013.......................................................................................................... 17
APPENDICES
APPENDIX 1 1123rd meeting of the Ministers' Deputies
(Item 1.1) (Strasbourg, 12 (10 a.m.) October 2011)
Agenda................................................................................................................ 18
APPENDIX 2 1124bis meeting of the Ministers' Deputies
(Item 1.2) (Strasbourg, 7 (4 p.m.) November 2011)
Draft Agenda....................................................................................................... 22
APPENDIX 3 1125th meeting of the Ministers' Deputies
(Item 1.2) (Strasbourg, 9 (10 a.m.) November 2011)
Draft Agenda....................................................................................................... 23
Page
APPENDIX 4 1126th meeting of the Ministers' Deputies
(Item 1.2) (Strasbourg, 16 (10 a.m.) November 2011)
Draft Agenda....................................................................................................... 26
APPENDIX 5 1127th (Budget) meeting of the Ministers' Deputies
(Item 1.2) (Strasbourg, 22 (10 a.m.) - 24 November 2011)
Draft Agenda....................................................................................................... 29
APPENDIX 6 Committee of Ministers – 2012 meeting dates........................................................ 33
(Item 1.4)
APPENDIX 7 Recommendation CM/Rec(2011)11
(Item 2.3) of the Committee of Ministers to member states
on the funding by higher-level authorities of new competences for local authorities.. 34
APPENDIX 8 Reply to Recommendation 299 (2011)
(Item 2.4) of the Congress of Local and Regional Authorities of the Council of Europe on
“The reform of the Congress of Local and Regional Authorities within the
Council of Europe reform” .................................................................................... 38
APPENDIX 9 Declaration of the Committee of Ministers
(Item 4.2) on the 50th anniversary of the European Social Charter.......................................... 39
APPENDIX 10 Reply to Recommendation 292 (2010)
(Item 9.1) of the Congress of Local and Regional Authorities of the Council of Europe on
“Landscape: a new dimension of public territorial action”........................................ 40
APPENDIX 11 Reply to Recommendation 296 (2010)
(Item 9.2) of the Congress of Local and Regional Authorities of the Council of Europe on
“Sustainable development of mountain regions and the experience of the
Carpathian Mountains”.......................................................................................... 41
APPENDIX 12 Recommendation CM/RecChL(2011)3
(Item 10.3b) of the Committee of Ministers
on the application of the European Charter for Regional or Minority Languages
by Sweden........................................................................................................... 42
APPENDIX 13 Resolution CM/Res(2011)9
(Item 11.1) amending the Staff Regulations with regard to delegation of staff management
powers to the Registrar of the European Court of Human Rights............................. 43
The 1123rd meeting of the Ministers’ Deputies opened on 12 October 2011 at 10.00 a.m. under the chairmanship of Mr M. Tochytskyi, Deputy for the Minister for Foreign Affairs of Ukraine. Item 2.1bis b was chaired by the Vice-Chair of the Ministers’ Deputies.
PRESENT
ALBANIA
Mr F. Peni
ANDORRA
Mr R. Tena
ARMENIA
Ms V. Melikyan
Mr A. Hovhannisyan
AUSTRIA
Mr W.-L. Strohmayer
Mr S. Rutkowski
AZERBAIJAN
Mr A. Mammadov
Mr J. Mirzayev
Mr H. Nasibov
Mr A. Gunashov
BELGIUM
Mr A. Cools
BOSNIA AND HERZEGOVINA
Mr Z. Martinović
Ms M. Muharemagić
Mr B. Babić
BULGARIA
Mr A. Tehov
Mr A. Ananiev
Mr M. Bozhkov
CROATIA
Ms A. Djamić
Ms L. Glavaš Kovačić
CYPRUS
Mr S. Hatziyiannis
Mr T. Pittakis
CZECH REPUBLIC
Mr T. Boček
Mr M. Bouček
DENMARK
Mr C. von Barnekow
Mr H. Svoldgaard
ESTONIA
Ms G. Rennel
Ms K. Tikenberg
Mr P. Pedak
FINLAND
Mr P. Hyvönen
Ms L. Liira
Ms T. Leikas-Botta
FRANCE
Mr L. Dominati
Mr F. Liétout
GEORGIA
Mr M. Jgenti
Mr I. Giviashvili
Ms A. Doborjginidze
Mr H.-J. Bartsch
GERMANY
Mr J.G. Luy
Mr M. Klinger
GREECE
Mr A. Dendoulis
Ms M. Solomou
HUNGARY
Ms J. József
Mr V. Garai
Ms A. Tóth-Ferenci
ICELAND
Ms E. Brekkan
Mr J.L. Logason
IRELAND
Mr P. Gunning
Mr R. Scannell
Mr J. Moloney
ITALY
Mr S. Busetto
Mr G. Cavagna
LATVIA
Ms A. Liepina
LIECHTENSTEIN
–
LITHUANIA
Mr G. Šerkšnys
Ms U. Matulevičiené
LUXEMBOURG
Ms A. Kayser-Attuil
MALTA
–
MOLDOVA
Ms V. Agrici
MONACO
Mrs C. Gastaud
Mr J. Zaloszyc
MONTENEGRO
Ms A. Vukadinović
Ms D. Markovic
NETHERLANDS
Ms E. Berends
Ms K. Adhin
NORWAY
Mr P. Wille
Ms K. Hefre
Mr J. Høvik
POLAND
Mr J. Grabowski
Mr A. Krawczyk
PORTUGAL
Mr P. Neves Pocinho
Mr L. Sequeira
ROMANIA
Mr S. Stoian
Mr C. Urse
Ms M.-I. Musteata
Ms M. Marin
Mr D. Dumitrache
Mr G. Buliga
RUSSIAN FEDERATION
Mr A. Alekseev
Mr I. Kapyrin
Mr I. Podolskiy
Mr V. Nevzorov
Mr B. Chudinov
Mr E. Ryzhkin
Mr I. Subbotin
Mr D. Rykovskov
Mr A. Muratov
SAN MARINO
Ms B. Para
Ms M. Bovi
SERBIA
Ms D. Filipovic
Mr V. Lazovic
SLOVAK REPUBLIC
Mr E. Kuchár
Ms L. Erdelská
Ms S. Danová
SLOVENIA
Mr D. Bergant
Ms B. Sušnic
SPAIN
Mr F. Alvargonzález
Mr P. Jiménez Nacher
SWEDEN
Mr C.-H. Ehrenkrona
Ms A. Lundkvist
Ms F. Tamas-Hermelin
SWITZERLAND
Mr B. Gubler
Ms B. Schaer
“THE FORMER
YUGOSLAV REPUBLIC
OF MACEDONIA”
Ms D. Zafirovska
Ms E. Ilieva
TURKEY
Mr H. Ulusoy
Ms N. Erdem-Ari
Mr C. Kahyaoğlu
Mr U. Acar
Ms S. Özaydin
Mr E. Türesin
UKRAINE
Mr M. Tochytskyi, Chairperson
Ms N. Shakuro
Mr A. Nadzhos
Mr D. Podolskyi
Mr S. Shevchuk
Ms S. Pereverten
UNITED KINGDOM
Ms E. Fuller, Vice-Chairman
Mr S. Kelly
*
* *
EUROPEAN UNION
Ms L. Pavan-Woolfe
Mr A. La Piana
Ms K. Markovová
*
* *
CANADA
–
HOLY SEE
Mgr A. Giordano
JAPAN
Mr H. Karube
Mr T. Kikuchi
MEXICO
Ms L. Madero
UNITED STATES OF AMERICA
Mr E. Reade
Introduction
At the start of the meeting, the Chair welcomed Ambassador Peter Gunning, Permanent Representative of Ireland, and Ms Danica Markovic, Deputy Permanent Representative of Montenegro. He wished them a pleasant stay in Strasbourg and a successful mission within the Committee.
Item 1.1
Adoption of the agenda
Decisions
The Deputies
1. agreed to add the following sub-items to the agenda of their present meeting:
|
2.1bis |
Current political questions b. Other questions - Statement by the Representative of the European Union on Azerbaijan - Statement by the Representative of the European Union on Ukraine - Statement by the Representative of France on Ukraine - Statement by the Representative of Lithuania on Ukraine - Statement by the Representative of Switzerland on Ukraine - Statement by the Representative of Georgia on the Eastern Partnership Summit and meeting of GUAM Council of Ministers for Foreign Affairs |
2. taking into account the decision above, adopted the agenda of their 1123rd meeting, as it appears at Appendix 1 to the present volume of Decisions.
Item 1.2
Preparation of forthcoming meetings
Decisions
The Deputies
1. approved the draft agenda for their 1124bis meeting (7 (4 p.m.) November 2011), as it appears at Appendix 2 to the present volume of Decisions;
2. approved the draft agenda for their 1125th meeting (9 (10 a.m.) November 2011), as it appears at Appendix 3 to the present volume of Decisions;
3. approved the draft agenda for their 1126th meeting (16 (10 a.m.) November 2011), as it appears at Appendix 4 to the present volume of Decisions;
4. approved the draft agenda for their 1127th (Budget) meeting (22 (10 a.m.) – 24 November 2011), as it appears at Appendix 5 to the present volume of Decisions.
Item 1.3
Dialogue with the Secretary General and the Deputy Secretary General
(SG/Com(2011)1123)
Decision
The Deputies took note of the communication of the Deputy Secretary General (SG/Com(2011)1123) and the exchange of views under this item.
Item 1.4
Report of the Bureau
(CM/Bur/Del(2011)19)
Decisions
The Deputies
1. approved the Bureau’s recommendations with regard to the agendas of their 1123rd (12 October 2011) and 1124th (26 October 2011) meetings, as they appear in Appendix I to the Bureau report;
2. agreed that their fourth thematic debate would be on “Media Freedom”, to be held at a special meeting on 15 December 2011;
3. approved the Committee of Ministers’ meeting schedule for 2012, as it appears at Appendix 6 to the present volume of Decisions;
4. approved the use of the Committee of Ministers’ meeting room by the Statutory Committee of GRECO on 22 November 2011 (9 a.m.);
5. took note of the report of the meeting of the Bureau of 10 October 2011 (document CM/Bur/Del(2011)19) as a whole.
Item 1.5
Conferences of specialised ministers − State of preparation
Decision
Concerning the 17th Session of the Council of Europe Conference of Ministers responsible for Local and Regional Government (3-4 November 2011, Kyiv, Ukraine)
The Deputies noted that the following organisations would also be invited to attend the conference as observers:
- European Union Agency for Fundamental Rights;
- Open Society Foundations (OSF).
Item 2.1bis a
Current political questions
a. Activities for the development and consolidation of democratic stability
Decision
The Deputies took note of the synopsis of the GR-DEM meeting held on 27 September 2011 (document
Item 2.1bis b
Current political questions
b. Other questions
Decisions
The Deputies
1. recalled the obligations and commitments placed on member states by the Statute of the Council of Europe and the European Convention on Human Rights;
2. underlined the specific responsibility of Ukraine as chair of the Committee of Ministers to ensure that these obligations and commitments are respected;
3. expressed their serious concern about the trial of Yulia Timoshenko and the verdict, sentencing her to a 7 year prison term and a 3 year ban on holding office, as well as the ongoing trials of other Ukrainian public figures, and the perception of selective and politically motivated justice;
4. highlighted the importance they attach to pursuing effective co-operation with Ukraine to strengthen the functioning of democratic institutions and the rule of law in Ukraine;
5. asked the Secretary General to bring their concerns to the attention of the Ukrainian authorities;
6. asked the Secretary General also to pursue his dialogue with the Ukrainian authorities on ways of developing an independent judiciary and implementing a legislative framework in line with Council of Europe standards, possibly through intensifying efforts under relevant provisions of the recently adopted Action Plan for Ukraine, including the provision of Council of Europe expertise;
7. asked the Secretary General to report back to them on his dialogue with the Ukrainian authorities at their next meeting.
Item 2.3
Steering Committee on Local and Regional Democracy (CDLR) –
Draft Recommendation CM/Rec(2011)… of the Committee of Ministers to member states on the funding by higher-level authorities of new competences for local authorities and its Explanatory Memorandum
(CM(2011)60-add3rev)
Decision
The Deputies adopted Recommendation CM/Rec(2011)11 of the Committee of Ministers to member states on the funding by higher-level authorities of new competences for local authorities, as it appears at Appendix 7 to the present volume of Decisions, and took note of its Explanatory Memorandum, as it appears in document CM(2011)60-add3rev.
Item 2.4
“The reform of the Congress of Local and Regional Authorities within the Council of Europe
reform” –
Recommendation 299 (2011) of the Congress of Local and Regional Authorities of the Council of Europe
(Congress REC_299(2011) and CM/Cong(2011)Rec299-prov2)
Decision
The Deputies adopted the reply to Recommendation 299 (2011) of the Congress of Local and Regional Authorities of the Council of Europe on “The reform of the Congress of Local and Regional Authorities within the Council of Europe reform”, as it appears at Appendix 8 to the present volume of Decisions.[1]
Item 3.1a
Parliamentary Assembly –
4th part of the 2011 Session (Strasbourg, 3-7 October 2011)
a. Communication by the Secretary General of the Parliamentary Assembly on the 4th part of the 2011 Session and other Assembly activities
(SG-AS(2011)08)
Decision
The Deputies took note of the communication by the Secretary General of the Parliamentary Assembly on the 4th part of the 2011 Session and other Assembly activities, as it appears in document SG-AS(2011)08.
Item 3.1b
Parliamentary Assembly –
4th part of the 2011 Session (Strasbourg, 3-7 October 2011)
b. Communication by the Chairman of the Committee of Ministers and replies to parliamentary questions (3 October 2011)
(CM/AS(2011)7, CM/AS(2011)8 and AS(2011)CR29)
Decisions
The Deputies
1. took note of the report of Mr Kostyantyn Gryshchenko, Chairman of the Committee of Ministers, to the Parliamentary Assembly (document CM/AS(2011)7), and of his statement (document CM/AS(2011)8);
2. took note of the replies given to parliamentary questions by the Chairman of the Committee of Ministers (document AS(2011)CR29).
Item 4.1b
Group of Experts on Action against Trafficking in Human Beings (GRETA)
b. First general activity report covering the period from February 2009 to July 2011
(GRETA(2011)11)
Decision
The Deputies took note of the general activity report of the Group of Experts on Action against Trafficking in Human Beings (GRETA), as it appears in document GRETA(2011)11.
Item 4.2
European Social Charter –
Draft Declaration of the Committee of Ministers on the 50th anniversary of the European Social Charter
(CM(2011)135 rev2)
Decisions
The Deputies
1. adopted the Declaration of the Committee of Ministers on the 50th anniversary of the European Social Charter, as it appears at Appendix 9 to the present volume of Decisions;
2. agreed to invite the President of the European Committee of Social Rights to an annual exchange of views.
Item 7.1
Steering Committee for Cultural Heritage and Landscape (CDPATEP) –
Abridged report of the 4th plenary session (Strasbourg, 5-6 May 2011) and meeting of its Bureau (Strasbourg, 22-23 June 2011)
Decisions
The Deputies
1. in accordance with the rules governing the Landscape Award of the Council of Europe (CM/Res(2008)3) and on the proposal of the CDPATEP:
i. conferred the Council of Europe Landscape Award for 2010-2011 on the “Carbonia Project: the landscape machine” (syndicate of the Carbonia municipality, Italy) (regeneration of a 20th century modernist urban and mining landscape in a perspective of sustainable development);
ii. gave equal special mentions to three activities: “The programmes of grants to local communities wishing to reclassify their urban and rural landscape as a pleasant living environment (Ekopolis Foundation, Slovakia); “City, territory and landscape: A project to educate and raise awareness about landscape” (Generalitat of Catalonia and Landscape Observatory of Catalonia, Spain); “Durham heritage coast” (Durham Heritage Coast Partnership, United Kingdom);
iii. took note that the award and the special mention would be presented by the Secretary General of the Council of Europe or his representative, with the participation of the chairs of the CDPATEP and the Council of Europe Conference on the European Landscape Convention at a public ceremony to be held in Evora, Portugal, on 20 October 2011, on the occasion of the 10th Council of Europe meeting of the workshops for the implementation of the European Landscape Convention;
2. taking account of the decision above, took note of the abridged report of the 4th plenary meeting of the CDPATEP and the meeting of its Bureau, as it appears in document CM(2011)132, as a whole.
Item 9.1
“Landscape: a new dimension of public territorial action” –
Recommendation 292 (2010) of the Congress of Local and Regional Authorities of the Council of Europe
(Congress Recommendation 292 (2010) and CM/Cong(2011)Rec292-prov)
Decision
The Deputies adopted the reply to Recommendation 292 (2010) of the Congress of Local and Regional Authorities of the Council of Europe on “Landscape: a new dimension of public territorial action”, as it appears at Appendix 10 to the present volume of Decisions.[2]
Item 9.2
“Sustainable development of mountain regions and the experience of the Carpathian Mountains” –
Recommendation 296 (2010) of the Congress of Local and Regional Authorities of the Council of Europe
(Congress Recommendation 296 (2010) and CM/Cong(2011)Rec296-prov)
Decision
The Deputies adopted the reply to Recommendation 296 (2010) of the Congress of Local and Regional Authorities of the Council of Europe on “Sustainable development of mountain regions and the experience of the Carpathian Mountains”, as it appears at Appendix 11 to the present volume of Decisions.[3]
Item 10.1
Committee of Experts on Terrorism (CODEXTER) –
Abridged report of the 20th meeting (San Sebastian, Spain, 14-15 June 2011)
Decision
The Deputies took note of the abridged report of the 20th meeting of CODEXTER, as set out in document CM(2011)124.
Item 10.2
European Committee on Crime Problems (CDPC)
a. Abridged report of the 60th plenary session (Strasbourg, 14-17 June 2011)
b. Draft Fourth Additional Protocol to the European Convention on Extradition and its Explanatory Report – Transmission to the Parliamentary Assembly for opinion
(CM(2011)118 and CM(2011)118-add)
Decisions
The Deputies
1. agreed to transmit the draft Fourth Additional Protocol to the European Convention on Extradition (ETS No. 24) and its Explanatory Report, as they appear in documents CM(2011)118, Appendix and CM(2011)118-add, to the Parliamentary Assembly and invited the Assembly to give an opinion on the draft Additional Protocol;
2. in the light of the decision above, took note of the abridged report of the 60th plenary session of the European Committee on Crime Problems (CDPC), as it appears in document CM(2011)118, as a whole.
Item 10.3a
European Charter for Regional or Minority Languages
a. Second report of the Committee of Experts in respect of Serbia
This item was postponed.
Item 10.3b
European Charter for Regional or Minority Languages
b. Fourth report of the Committee of Experts in respect of Sweden
Decisions
The Deputies
1. took note of the fourth report of the Committee of Experts of the European Charter for Regional or Minority Languages in respect of Sweden, as it appears in document CM(2011)127;
2. adopted Recommendation CM/RecChL(2011)3 on the application of the European Charter for Regional or Minority Languages by Sweden, as it appears at Appendix 12 to the present volume of Decisions, and agreed to forward it to the Swedish authorities.
Item 10.4
Steering Committee on Bioethics (CDBI) –
Abridged report of the 40th meeting (Strasbourg, 21-23 June 2011)
Decision
The Deputies took note of the abridged report of the 40th meeting of the Steering Committee on Bioethics (CDBI), as it appears in document CM(2011)125.
Item 11.1
Staff Regulations –
Amendments with regard to delegation of staff management powers to the Registrar of the European Court of Human Rights – Draft resolution
Decision
The Deputies adopted Resolution CM/Res(2011)9 amending the Staff Regulations with regard to delegation of staff management powers to the Registrar of the European Court of Human Rights, as it appears at Appendix 13 to the present volume of Decisions.
Item 11.2
Budget Committee –
Replacement of an alternate member in respect of Germany for the term ending 31 December 2013
Decision
The Deputies appointed Ms Lisa-Christin Niehuis as alternate member of the Budget Committee in respect of Germany, in accordance with the procedure for the appointment of the members of the Budget Committee, for the term expiring on 31 December 2013.
Appendix 1
(Item 1.1)
1123 Meeting of the Ministers' Deputies
(Strasbourg, 12 (10 a.m.) October 2011)
Agenda
|
1. |
General questions |
|||
|
1.1 |
Adoption of the agenda |
|||
|
1.2 |
Preparation of forthcoming meetings |
|||
|
(CM/Notes/1123/1.2 of 10.10.2011) |
||||
|
1.3 |
Dialogue with the Secretary General and the Deputy Secretary General |
|||
|
1.4 |
Report of the Bureau |
|||
|
1.5 |
Conferences of specialised ministers – State of preparation |
|||
|
(CM/Inf(2011)35) |
||||
|
2. |
Democracy and political questions |
|||
|
2.1 |
The Council of Europe and the conflict in Georgia |
|||
|
(CM(2008)150-rev, CM(2008)162, SG/Inf(2008)19, DD(2008)631, SG/Inf(2009)5, SG/Inf(2009)7, CM(2009)PV-prov, CM(2009)PV-add1, CM(2009)PV-add2, SG/Inf(2009)10, SG/Inf(2009)5-add, SG/Inf(2009)9, CM/AS(2009)Quest572, DD(2009)447, SG/Inf(2009)15-final, SG/Inf(2009)5-add2, Parliamentary Assembly REC_1846(2008) and CM/AS(2009)Rec1846-final, Parliamentary Assembly REC_1857(2009) and CM/AS(2009)Rec1857-final, CM(2009)164, Parliamentary Assembly REC_1869(2009) and CM/AS(2010)Rec1869-final, DD(2010)71, DD(2010)95, SG/Inf(2010)7, SG/Inf(2010)8, DD(2010)238, CM/Del/Dec(2010)1090/2.1, SG/Inf(2010)19, DD(2010)559 and SG/Inf(2011)8) |
||||
|
2.1bis |
Current political questions |
|||
|
a. Activities for the development and consolidation of democratic stability |
||||
|
(GR-DEM(2011)CB11) |
||||
|
b. Other questions |
||
|
- Statement by the Representative of the European Union on Azerbaijan - Statement by the Representative of the European Union on Ukraine - Statement by the Representative of France on Ukraine - Statement by the Representative of Lithuania on Ukraine - Statement by the Representative of Switzerland on Ukraine - Statement by the Representative of Georgia on the Eastern Partnership Summit and meeting of GUAM Council of Ministers for Foreign Affairs |
||
|
2.2 |
Situation in Cyprus |
|
|
2.3 |
Steering Committee on Local and Regional Democracy (CDLR) – |
|
|
(CM(2011)60-add3rev) |
||
|
2.4 |
“The reform of the Congress of Local and Regional Authorities within the Council of Europe reform” – Recommendation 299 (2011) of the Congress of Local and Regional Authorities of the Council of Europe |
|
|
(Congress REC_299(2011) and CM/Cong(2011)Rec299-prov2) |
||
|
3. |
Parliamentary Assembly |
|
|
3.1 |
4th part of the 2011 Session (Strasbourg, 3-7 October 2011) a. Communication by the Secretary General of the Parliamentary Assembly on the 4th part of the 2011 Session and other Assembly activities b. Communication by the Chairman of the Committee of Ministers and replies to parliamentary questions (3 October 2011) |
|
|
(CM/AS(2011)7, CM/AS(2011)8, SG/AS(2011)8 and AS(2011)CR29) |
||
|
4. |
Human rights |
|
|
4.1 |
Group of Experts on Action against Trafficking in Human Beings (GRETA) a. Exchange of views with the President of the GRETA b. First general activity report covering the period from February 2009 to July 2011 |
|
|
(GRETA(2011)11) |
||
|
4.2. |
European Social Charter – |
|
|
(CM(2011)135-rev2) |
||
|
7. |
Education and culture |
|||
|
7.1 |
Steering Committee for Cultural Heritage and Landscape (CDPATEP) – |
|||
|
(CM(2011)132) |
||||
|
9. |
Sustainable development |
|||
|
9.1 |
“Landscape: a new dimension of public territorial action” – |
|||
|
(Congress REC_292(2010) and CM/Cong(2011)Rec292-prov) |
||||
|
9.2 |
“Sustainable development of mountain regions and the experience of the Carpathian Mountains” – |
|||
|
(Congress REC_296(2010) and CM/Cong(2011)Rec296-prov) |
||||
|
10. |
Legal questions |
|||
|
10.1 |
Committee of Experts on Terrorism (CODEXTER) – |
|||
|
(CM(2011)124) |
||||
|
10.2 |
European Committee on Crime Problems (CDPC) |
|||
|
a. Abridged report of the 60th plenary session (Strasbourg, 14-17 June 2011) |
||||
|
b. Draft Fourth Additional Protocol to the European Convention on Extradition and its Explanatory Report |
||||
|
(Item prepared by the GR-J on 27.9.2011) |
||||
|
(CM(2011)118 and CM(2011)118-add) |
||||
|
10.3 |
European Charter for Regional or Minority Languages |
|||
|
a. Second report of the Committee of Experts in respect of Serbia |
||||
|
(Item postponed) |
||||
|
b. Fourth report of the Committee of Experts in respect of Sweden |
|||
|
(CM(2011)127) |
|||
|
10.4 |
Steering Committee on Bioethics (CDBI) – |
||
|
(CM(2011)125) |
|||
|
11. |
Administration and logistics |
||
|
11.1 |
Staff Regulations – |
||
|
(CM(2011)104) |
|||
|
11.2 |
Budget Committee – Replacement of a substitute member in respect of Germany for the term ending 31 December 2013 |
||
|
(CM/Del/Dec(2010)1101/11.1) |
|||
|
13. |
Any other business |
||
Appendix 2
(Item 1.2)
1124bis Meeting of the Ministers' Deputies
(Strasbourg, 7 (4 p.m.) November 2011)
Draft Agenda
|
1. |
General questions |
|
|
1.1 |
Adoption of the agenda |
|
|
1.2 |
Stocktaking of the outgoing Chairmanship |
|
|
(CM/Inf(2011)40 of …) |
||
|
1.3 |
Presentation of the priorities of the incoming Chairmanship |
|
|
(CM/Inf(2011)41 of …) |
||
|
13. |
Any other business |
|
********
NB. The transfer of chairmanship between Ukraine and the United Kingdom will take place between items 1.2 and 1.3.
Appendix 3
(Item 1.2)
1125 Meeting of the Ministers' Deputies
(Strasbourg, 9 (10 a.m.) November 2011)
Draft Agenda
In application of the rules for the dispatch of reference documents and Notes on the Agenda, the deadlines are:
CM: 12 October 2011
Notes: 28 October 2011
|
1. |
General questions |
|
|
1.1 |
Adoption of the agenda |
|
|
1.2 |
Preparation of forthcoming meetings |
|
|
1.3 |
Dialogue with the Secretary General and the Deputy Secretary General |
|
|
1.4 |
Report of the Bureau |
|
|
1.5 |
Conferences of specialised ministers – State of preparation |
|
|
(CM/Notes/1125/1.5 of …) |
||
|
1.6 |
Draft revised guidelines for the reform and modernisation of the Committee's working methods |
|
|
(CM(2011)96-prov2) |
||
|
2. |
Democracy and political questions |
|
|
2.1 |
The Council of Europe and the conflict in Georgia |
|
|
(CM(2008)150-rev, CM(2008)162, SG/Inf(2008)19, DD(2008)631, SG/Inf(2009)5, SG/Inf(2009)7, CM(2009)PV-prov, CM(2009)PV-add1, CM(2009)PV-add2, SG/Inf(2009)10, SG/Inf(2009)5-add, SG/Inf(2009)9, CM/AS(2009)Quest572, DD(2009)447, SG/Inf(2009)15-final, SG/Inf(2009)5-add2, Parliamentary Assembly REC_1846(2008) and CM/AS(2009)Rec1846-final, Parliamentary Assembly REC_1857(2009) and CM/AS(2009)Rec1857-final, CM(2009)164, Parliamentary Assembly REC_1869(2009) and CM/AS(2010)Rec1869-final, DD(2010)71, DD(2010)95, SG/Inf(2010)7, SG/Inf(2010)8, DD(2010)238, CM/Del/Dec(2010)1090/2.1, SG/Inf(2010)19, DD(2010)559 and SG/Inf(2011)8) |
||
|
2.1bis |
Current political questions |
|
|
a. Activities for the development and consolidation of democratic stability |
||
|
(CM/Notes/1125/2.1bis of …) |
||
|
b. Other questions |
||
|
2.2 |
Situation in Cyprus |
|
|
4. |
Human rights |
|
|
4.1 |
Exchange of views with the Council of Europe Commissioner for Human Rights |
|
|
4.2 |
Exchange of views with Mr Diego Garcia Sayan, President of the Inter-American Court of Human Rights (Costa Rica) |
|
|
4.3 |
Election of the Council of Europe Commissioner for Human Rights – Procedure |
|
|
(CM(2011)137) |
||
|
4.4 |
European Social Charter |
|
|
a. Collective Complaint No. 61/2010 by the European Roma Rights Centre (ERRC) against Portugal |
||
|
(Report from the European Committee of Social Rights to the Committee of Ministers) |
||
|
b. Collective Complaint No. 63/2010 by the Centre on Housing Rights and Evictions (COHRE) against France |
||
|
(Report from the European Committee of Social Rights to the Committee of Ministers) |
||
|
4.5 |
European Social Charter – |
|
|
(CM/Notes/1125/4.5 of …) |
||
|
11. |
Administration and logistics |
|
|
11.1 |
Co-ordinating Committee on Remuneration (CCR) – |
|
|
(CM(2011)77) |
||
|
11.2 |
Sale of B Building |
|
|
(CM(2011)140) |
||
|
11.3 |
Staff Regulations: amendments to the Regulations governing staff salaries and allowances (Appendix IV to the Staff Regulations): expatriation allowance – Draft resolution |
|
|
(CM(2011)139) |
||
|
13. |
Any other business |
|
Appendix 4
(Item 1.2)
1126 Meeting of the Ministers' Deputies
(Strasbourg, 16 (10 a.m.) November 2011)
Draft Agenda
In application of the rules for the dispatch of reference documents and Notes on the Agenda, the deadlines are:
CM: 19 October 2011
Notes: 4 November 2011
|
1. |
General questions |
|
|
1.1 |
Adoption of the agenda |
|
|
1.2 |
Preparation of forthcoming meetings |
|
|
(CM/Notes/1126/1.2 of …) |
||
|
1.3 |
Dialogue with the Secretary General and the Deputy Secretary General |
|
|
1.4 |
Report of the Bureau |
|
|
1.5 |
Review of action taken by the Committee of Ministers on Parliamentary Assembly recommendations |
|
|
(CM(2011)…) |
||
|
2. |
Democracy and political questions |
|
|
2.1 |
The Council of Europe and the conflict in Georgia |
|
|
(CM(2008)150-rev, CM(2008)162, SG/Inf(2008)19, DD(2008)631, SG/Inf(2009)5, SG/Inf(2009)7, CM(2009)PV-prov, CM(2009)PV-add1, CM(2009)PV-add2, SG/Inf(2009)10, SG/Inf(2009)5-add, SG/Inf(2009)9, CM/AS(2009)Quest572, DD(2009)447, SG/Inf(2009)15-final, SG/Inf(2009)5-add2, Parliamentary Assembly REC_1846(2008) and CM/AS(2009)Rec1846-final, Parliamentary Assembly REC_1857(2009) and CM/AS(2009)Rec1857-final, CM(2009)164, Parliamentary Assembly REC_1869(2009) and CM/AS(2010)Rec1869-final, DD(2010)71, DD(2010)95, SG/Inf(2010)7, SG/Inf(2010)8, DD(2010)238, CM/Del/Dec(2010)1090/2.1, SG/Inf(2010)19, DD(2010)559 and SG/Inf(2011)8) |
||
|
2.1bis |
Current political questions |
|
|
2.2 |
Situation in Cyprus |
|
|
6. |
Social cohesion |
|
|
6.1 |
European Committee for Social Cohesion (CDCS) a. Draft Recommendation CM/Rec(2011)… of the Committee of Ministers to member states on intercultural competences in services to the public in order to ensure social cohesion in Europe |
|
|
b. Draft Recommendation CM/Rec(2011)… of the Committee of Ministers to member states on children’s rights and social services friendly to children and families c. Draft Recommendation CM/Rec(2011)… of the Committee of Ministers to member states on a European Charter on shared social responsibilities (Item to be prepared by the GR-SOC on 8.11.2011) |
||
|
(CM(2011)109) |
||
|
6.2 |
European Health Committee (CDSP) – |
|
|
(CM(2011)141 and CM(2011)141-add) |
||
|
6.3 |
European Co-ordination Forum for the Council of Europe Disability Action Plan 2006-2015 (CAHPAH) |
|
|
(CM(2011)…) |
||
|
6.4 |
European Roma and Travellers’ Forum (ERTF) – |
|
|
(CM/Notes/1126/6.4 of …) |
||
|
6.5 |
“Meeting the challenge of interfaith and intercultural tensions at local level” – |
|
|
(Congress REC_304(2011), CM/Cong(2011)Rec304-prov and CM/Cong(2011)Rec304-provadd) |
||
|
6.6 |
“Combating poverty” – |
|
|
(Parliamentary Assembly REC_1963(2011) and CM/AS(2011)Rec1963-prov of …) |
||
|
6.7 |
“Safeguarding children and young people from obesity and type 2 diabetes” – |
|
|
(Parliamentary Assembly REC_1966(2011) and CM/AS(2011)Rec1966-prov of …) |
||
|
8. |
Youth and sport |
|
|
8.1 |
Enlarged Partial Agreement on Sport (EPAS) – |
|
|
(CM/Inf(2011)..) |
||
|
12. |
Congress of Local and Regional Authorities of the Council of Europe |
|
|
12.1 |
a. Exchange of views with the President of the Congress |
|
|
b. 21st Plenary Session of the Congress (Strasbourg, 18-20 October 2011) – Texts adopted |
||
|
(Compendium of texts adopted) |
||
|
13. |
Any other business |
|
Appendix 5
(Item 1.2)
1127 (Budget) Meeting of the Ministers' Deputies
(Strasbourg, 22 (10 a.m.) - 24 November 2011)
Draft Agenda
In application of the rules for the dispatch of reference documents and Notes on the Agenda, the deadlines are:
CM: 26 October 2011
Notes: 10 November 2011
|
1. |
General questions |
|
|
1.1 |
Adoption of the agenda |
|
|
1.2 |
Preparation of forthcoming meetings |
|
|
1.3 |
Dialogue with the Secretary General and the Deputy Secretary General |
|
|
1.4 |
Report of the Bureau |
|
|
2. |
Democracy and political questions |
|
|
2.1 |
The Council of Europe and the conflict in Georgia |
|
|
(CM(2008)150-rev, CM(2008)162, SG/Inf(2008)19, DD(2008)631, SG/Inf(2009)5, SG/Inf(2009)7, CM(2009)PV-prov, CM(2009)PV-add1, CM(2009)PV-add2, SG/Inf(2009)10, SG/Inf(2009)5-add, SG/Inf(2009)9, CM/AS(2009)Quest572, DD(2009)447, SG/Inf(2009)15-final, SG/Inf(2009)5-add2, Parliamentary Assembly REC_1846(2008) and CM/AS(2009)Rec1846-final, Parliamentary Assembly REC_1857(2009) and CM/AS(2009)Rec1857-final, CM(2009)164, Parliamentary Assembly REC_1869(2009) and CM/AS(2010)Rec1869-final, DD(2010)71, DD(2010)95, SG/Inf(2010)7, SG/Inf(2010)8, DD(2010)238, CM/Del/Dec(2010)1090/2.1, SG/Inf(2010)19, DD(2010)559 and SG/Inf(2011)8) |
||
|
2.1bis |
Current political questions |
|
|
a. Activities for the development and consolidation of democratic stability |
||
|
(CM/Notes/1127/2.1bis of …) |
||
|
b. Other questions |
||
|
2.2 |
Situation in Cyprus |
|
|
4. |
Human rights |
|
|
4.1 |
Election of the Council of Europe Commissioner for Human Rights |
|
|
(CM(2011)137) |
||
|
4.2 |
Draft Resolution CM/Res(2011)… on the supervision of the European Code of Social Security by the Governmental Committee of the European Social Charter |
||
|
(CM(2011)133) |
|||
|
4.3 |
“Implementation of judgments of the European Court of Human Rights” – |
||
|
(Parliamentary Assembly REC_1955(2011) and CM/AS(2011)Rec1955-prov) |
|||
|
4.4 |
“Preventing harm to refugees and migrants in extradition and expulsion cases: Rule 39 indications by the European Court of Human Rights” – |
||
|
(Parliamentary Assembly REC_1956(2011) and CM/AS(2011)Rec1956-prov) |
|||
|
10. |
Legal questions |
||
|
10.1 |
“The obligation of member and observer states of the Council of Europe to co-operate in the prosecution of war crimes” – Parliamentary Assembly Recommendation 1953 (2011) |
||
|
(Parliamentary Assembly REC_1953(2011) and CM/AS(2011)Rec1953-prov) |
|||
|
10.2 |
“The need for a global consideration of the human rights implications of biometrics” – |
||
|
(Parliamentary Assembly REC_1960(2011) and CM/AS(2011)Rec1960-prov) |
|||
|
11. |
Administration and logistics |
||
|
11.1 |
Draft Programme and Budget 2012-2013 |
||
|
Part 1 |
Ordinary Budget, Services Budgets, Subsidiary Budget of the European Youth Centres, Subsidiary Budget for Publications, draft Programme |
||
|
Part 2 |
Extraordinary Budget |
||
|
Part 3 |
Pensions Budget |
||
|
Part 4 |
Budget of the European Youth Foundation |
||
|
Part 5 |
Budget of the European Pharmacopoeia |
||
|
Part 6 |
Budget of the Partial Agreement on the Council of Europe Development Bank |
||
|
Part 7 |
Budget of the Partial Agreement on the Co-operation Group to combat drug abuse and illicit trafficking in drugs (Pompidou Group) |
||
|
Part 8 |
Budget of the Partial Agreement on the Co-operation Group for the prevention of, protection against, and organisation of relief in major natural and technological disasters (EUR-OPA) |
||
|
Part 9 |
Budget of the Partial Agreement on the European Support Fund for the co-production and distribution of creative cinematographic and audiovisual works “Eurimages” |
||
|
Part 10 |
Budget of the Enlarged Agreement on the European Commission for Democracy through Law (Venice Commission) |
||
|
Part 11 |
Budget of the Partial Agreement on Youth Mobility through the Youth Card |
||
|
Part 12 |
Budget of the Enlarged Partial Agreement on the European Centre for Modern Languages (Graz) |
||
|
(Item to be prepared by the GR-PBA) |
|||
|
(CM/Notes/1127/11.1 of …) |
|||
|
(See reference documents in appendix) |
|||
|
11.2 |
Meeting report of the Budget Committee – September 2011 session |
||
|
(CM(2011)123) |
|||
|
11.3 |
Co-ordinating Committee on Remuneration (CCR) – |
||
|
(CM(2011)…) |
|||
|
13. |
Any other business |
||
APPENDIX
|
LIST OF DOCUMENTS |
|
|
DRAFT PROGRAMME AND BUDGET 2012-2013 |
|
|
Draft Programme and Budget 2012-2013 |
|
|
Adjustment of scales of contributions by member states and non-member states to the budgets of the Council of Europe for the financial year 2012 |
|
|
Meeting report of the Budget Committee – September 2011 Session |
|
|
Draft terms of reference of intergovernmental structures 2012-2013 |
|
|
Parliamentary Assembly Resolution 1817 (2011) |
Expenditure of the Parliamentary Assembly for the financial years 2012-2013 |
|
Parliamentary Assembly Opinion No. 281 (2011) |
Budgets and priorities of the Council of Europe for the financial years 2012-2013 |
|
GR-PBA synopses |
|
Appendix 6
(Item 1.4)
Committee of Ministers – 2012 meeting dates
|
January |
February |
March |
April |
May |
June |
July |
August |
September |
October |
November |
December |
||||
|
1 |
S |
W 1132 |
Th + |
S |
Tu + |
F |
1 |
S |
W + |
S |
M AP |
Th + |
S |
1 |
|
|
2 |
M + |
Th |
F + |
M |
W + |
S |
2 |
M |
Th + |
S |
Tu AP |
F + |
S |
2 |
|
|
3 |
Tu |
F |
S |
Tu |
Th 1141+ |
S |
3 |
Tu |
F + |
M + |
W AP |
S |
M |
3 |
|
|
4 |
W |
S |
S |
W 1139 |
F + |
M 1144DH |
4 |
W 1147 |
S |
Tu |
Th AP |
S |
Tu 1157DH |
4 |
|
|
5 |
Th |
S |
M |
Th |
S |
Tu 1144DH |
5 |
Th |
S |
W 1148 |
F AP |
M + |
W 1157DH |
5 |
|
|
6 |
F |
M |
Tu 1136DH+ |
F |
S |
W 1144DH |
6 |
F + |
M + |
Th |
S |
Tu + |
Th 1157DH |
6 |
|
|
7 |
S |
Tu |
W 1136DH+ |
S |
M |
Th AP-Conf |
7 |
S |
Tu + |
F |
S |
W 1154+ |
F |
7 |
|
|
8 |
S |
W 1133 |
Th 1136DH+ |
S |
Tu |
F AP-Conf |
8 |
S |
W + |
S |
M |
Th |
S |
8 |
|
|
9 |
M |
Th |
F |
M |
W 1142 |
S |
9 |
M + |
Th + |
S |
Tu |
F |
S |
9 |
|
|
10 |
Tu |
F |
S |
Tu |
Th |
S |
10 |
Tu + |
F + |
M |
W 1152 |
S |
M |
10 |
|
|
11 |
W 1130 |
S |
S |
W |
F |
M |
11 |
W [1147bis]+ |
S |
Tu |
Th |
S |
Tu |
11 |
|
|
12 |
Th |
S |
M |
Th 1140 |
S |
Tu |
12 |
Th + |
S |
W 1149 |
F |
M |
W 1158 |
12 |
|
|
13 |
F |
M |
Tu |
F |
S |
W 1145 |
13 |
F + |
M + |
Th |
S |
Tu |
Th |
13 |
|
|
14 |
S |
Tu |
W 1137 |
S |
M 122CM |
Th |
14 |
S |
Tu + |
F |
S |
W [1154bis] |
F |
14 |
|
|
15 |
S |
W 1134 |
Th |
S |
Tu |
F |
15 |
S |
W + |
S |
M |
Th |
S |
15 |
|
|
16 |
M |
Th |
F |
M |
W |
S |
16 |
M + |
Th + |
S |
Tu Cong |
F |
S |
16 |
|
|
17 |
Tu |
F |
S |
Tu |
Th |
S |
17 |
Tu + |
F + |
M |
W Cong |
S |
M |
17 |
|
|
18 |
W 1131 |
S |
S |
W |
F |
M |
18 |
W + |
S |
Tu 1150DH |
Th Cong |
S |
Tu [1158bis] |
18 |
|
|
19 |
Th |
S |
M |
Th |
S |
Tu |
19 |
Th + |
S |
W 1150DH |
F |
M |
W |
19 |
|
|
20 |
F |
M |
Tu Cong |
F |
S |
W 1146 |
20 |
F + |
M + |
Th 1150DH |
S |
Tu |
Th |
20 |
|
|
21 |
S |
Tu |
W Cong |
S |
M |
Th |
21 |
S |
Tu + |
F |
S |
W 1155 |
F |
|
21 |
|
22 |
S |
W 1135 |
Th Cong |
S |
Tu |
F |
22 |
S |
W + |
S |
M |
Th |
S + |
22 |
|
|
23 |
M AP |
Th |
F |
M AP+ |
W |
S |
23 |
M + |
Th + |
S |
Tu |
F |
S |
23 |
|
|
24 |
Tu AP |
F |
S |
Tu AP+ |
Th |
S |
24 |
Tu + |
F + |
M |
W 1153 |
S |
M + |
24 |
|
|
25 |
W AP |
S |
S |
W AP+ |
F |
M AP |
25 |
W + |
S |
Tu |
Th |
S |
Tu + |
25 |
|
|
26 |
Th AP |
S |
M |
Th AP+ |
S |
Tu AP |
26 |
Th + |
S |
W 1151 |
F |
M |
W + |
26 |
|
|
27 |
F AP |
M + |
Tu |
F AP+ |
S |
W AP |
27 |
F + |
M + |
Th |
S |
Tu |
Th + |
27 |
|
|
28 |
S |
Tu + |
W 1138 |
S |
M |
Th AP |
28 |
S |
Tu + |
F |
S |
W 1156 |
F + |
28 |
|
|
29 |
S |
W + |
Th |
S |
Tu |
F AP |
29 |
S |
W + |
S |
M + |
Th |
S |
29 |
|
|
30 |
M |
F |
M |
W 1143 |
S |
30 |
M + |
Th + |
S |
Tue + |
F |
S |
30 |
||
|
31 |
Tu |
S |
Th |
31 |
Tu + |
F + |
W + |
M + |
31 |
||||||
|
2010 |
2011 |
2012 |
|||
|
+ = School holidays |
Shaded = non-working days at the Council of Europe |
Ordinary meetings |
24 = 26d |
24 = 26d |
25 = 25d |
|
DH = Human Rights meeting |
DH |
4 = 12d |
4 = 12d |
4 = 12d |
|
|
AP = Parliamentary Assembly |
AP-Conf = European Conference of Presidents of Parliament |
Sessions |
1 = 1d |
1 = 1d |
1 = 1d |
|
Cong = Congress |
|||||
|
122CM = 122nd Session of the Committee of Ministers (Strasbourg) |
Total meetings |
29 (39d) |
29 (39d) |
30 (38d) |
|
|
cms = Conferences of specialised ministers: 1. Social Cohesion (September); 2. Youth (September); 3. Justice (to be fixed) |
|||||
Appendix 7
(Item 2.3)
Recommendation CM/Rec(2011)11
of the Committee of Ministers to member states
on the funding by higher-level authorities of new competences for local authorities[4]
(Adopted by the Committee of Ministers on 12 October 2011
at the 1123rd meeting of the Ministers’ Deputies)
The Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of Europe,
Considering that the aim of the Council of Europe is to achieve greater unity between its members for the purpose of safeguarding and realising the ideals and principles which are their common heritage and to foster their economic and social progress;
Recalling that the European Charter of Local Self-Government (ETS No. 122) provides in Article 9, paragraph 2, that “local authorities’ financial resources shall be commensurate with the responsibilities provided for by the constitution and the law”;
Recalling that the European Charter of Local Self-Government provides in Article 4, paragraph 6, that “local authorities shall be consulted, insofar as possible, in due time and in an appropriate way in the planning and decision-making processes for all matters which concern them directly” and in Article 9, paragraph 6, that “local authorities shall be consulted, in an appropriate manner, on the way in which redistributed resources are to be allocated to them”;
Considering that it is a generally agreed principle of accountability in multilevel public finances that the financial consequences should be borne by the same level of authority as the one making the expenditure decisions;
Considering that it is the experience of several member states that granting compensation to and consultations with local governments foster accountability at all levels and result in better legislation and improved implementation;
Considering that national policies on compensation often include many detailed guidelines, but that the aim of the present recommendation is to address only the most central issues, based on best practice among Council of Europe member states,
Recommends that the governments of member states:
A. Act in accordance with the following provisions:
1. Compensation for new competences
i. When higher-level authorities take decisions which impose or could result in additional net costs for local authorities, compensation should be given by the higher-level authorities to local authorities. In this recommendation, such cases are referred to as new competences.
ii. When standards set by supra-national structures such as the European Union and the European Economic Area or obligations arising from international treaties or agreements result in new competences entailing additional net costs for local authorities, and these standards are not so general that they are covered by the exemption in paragraph 4.ii, the issue of compensation is not clear-cut. However, compensation to local authorities should preferably be given by the higher-level authority taking part or represented in the structure or negotiation.
iii. When new competences are introduced at the request of local government, such competences should be funded from local resources, but some sharing of the new net costs may be justified.
iv. When higher-level decisions reduce the net costs for local authorities, the principle of accountability also justifies that the local savings attributable to such decisions are transferred to the higher-level authority.
v. Compensation for a limited number of years only should be avoided in case of a new function that local authorities cannot easily stop when the compensation stops.
2. Adjustment for over- or under-estimated costs
Subsequent reviews may reveal that net costs differ from the original cost estimates. In general, this could result in adjustment of the compensation, but for administrative reasons rules should be introduced, limiting the number of cases in which discussions on compensation may be re-opened.
3. Compensation for transfer of competence
i. The increase of net local costs stemming from a transfer of competence from a higher level to local authorities, not aiming to change the level of service to the user, should be compensated. Compensation should be based on estimates of the expected net cost of the new competence. The cost of the transfer of staff, including the estimated wages and conditions of employment, should be included. The cost of obligations resulting from acquired pension rights of staff transferred should also be included in the compensation.
ii. The ownership of buildings, land and other assets necessary for continued delivery of the service should be transferred to the local authorities concerned. The debts associated to the property, as far as they stem from the cost of purchase and/or improvement, may also be transferred, but in that case the cost of debt-servicing should also be compensated.
4. No compensation for general regulation
i. Compensation is not required when the higher-level authority reduces grants, caps on local tax rates, or shares of tax sharing revenues in order to reduce spending by local authorities for macro-economic policy reasons. But in such cases, the higher-level authority should make the purpose to reduce local spending clear to the public.
ii. Compensation is not required for changes in local net costs because of changes in general standards with similar effects for the private sector and local authorities, for example general taxation or employment legislation, unless they have a disproportionate effect on local authorities.
iii. Changes in the distribution of grants to individual local authorities should not be compensated when there is no change to the amount being given to local government as a whole.
5. The formalisation of rules for compensation
The rules for compensation to local authorities should be formulated in such a way that the higher-level authority respects the present provisions and compensates local authorities for the local net costs of the new competences accordingly.
6. Methods of compensation
i. Compensation may be given in the form of changes in other competences with an opposite, neutralising effect on local net costs.
ii. Compensation will not be needed for services normally funded from user charges.
iii. In all cases pertaining to tax-financed services, compensation should be given in the form of grants or tax-sharing arrangements.
iv. Compensation by allowing local governments to raise new local taxes or increase existing local taxes should be avoided. In cases of transfers of competences, compensation can take place through the transfer of the right to taxation previously exercised by the higher-level authority.
7. Compensation preferably as general grants
i. Compensation should preferably be made in the form of general grants from the outset.
ii. The use of earmarked grants for compensation purposes, as for any other purpose, should be limited. Earmarked grants can, however, be used in the following circumstances:
a. the new local competence is relatively costly, or
b. the net costs are very unevenly distributed across local authorities, or
c. no objective indicators that match the allocation of the costs well enough are available, or
d. the aim is to cover the costs arising from partnership contracts with other national or international authorities.
iii. When earmarked grants are used it should, as far as possible, be under the explicit condition that they will be transformed into general grants after a defined period.
8. Precedent effects
The original estimates of the net cost of a new competence may become inadequate because of subsequent decisions by courts, complaints boards or other independent bodies setting precedents. In such cases, the higher-level authority should consider the need for compensation.
9. Consultation with local government level
i. Consultation with the local level should be held on all issues of allocation and size of compensation for new competences.
ii. Consultation should be held as early as possible in the drafting phase of the new competence and the local government side should be given reasonable time to consider fully the likely net costs.
iii. Any proposal to parliament on new competences for local authorities should include information about the consultations that have taken place with the local government side.
B. Translate this recommendation into their official language(s) and disseminate it to local authorities and associations of such authorities.
Appendix 8
(Item 2.4)
Reply to Recommendation 299 (2011)
of the Congress of Local and Regional Authorities of the Council of Europe on
“The reform of the Congress of Local and Regional Authorities within the Council of Europe reform”
(Adopted by the Committee of Ministers on 12 October 2011
at the 1123rd meeting of the Ministers’ Deputies)
1. On 19 January 2011, the Committee of Ministers adopted a revised version of the Statutory Resolution and Charter of the Congress of Local and Regional Authorities of the Council of Europe. In so doing, the Committee was attesting its support for the reform process initiated by the Congress in order to reinforce the effectiveness of its action to promote local and regional democracy in Europe. The Committee reiterates its encouragement to pursue these reforms so as to ensure that the Congress’s activity is fully in line with the Organisation’s strategic priorities.
2. The Committee welcomes the opportunity to co-operate closely with the Congress in addressing issues which affect the interests of local and regional authorities. It attaches great importance to the work of the Congress, which, by working towards the emergence of solid, efficient local and regional democracy in Europe, is helping to achieve the Organisation’s statutory aim.
3. The Committee recalls that it holds regular exchanges of views with the President of the Congress, as well as with its Secretary General. These exchanges of views keep it informed of the state of preparation and results of the Congress’s sessions and help it monitor the progress of its work. Furthermore, members and representatives of the Congress directly contribute to the Council of Europe’s intergovernmental activities by participating in conferences of specialised ministers as members of or observers in various bodies or committees for which the Committee of Ministers is responsible, such as its Rapporteur Groups and steering committees, like the CDLR, the CDMC, the CDMG, the CDMS and the CDEG. Moreover, they are occasionally invited to take part in Ministers' Deputies’ meetings at rapporteur group level. For example, the President of the Congress himself attended the meeting of the Rapporteur Group on Democracy on 13 January 2011, and the Chair of the Congress Monitoring Committee took part in the meeting of the Rapporteur Group on Human Rights on 17 March 2011. Conversely, the chairmanship of the Committee of Ministers participates in Congress Sessions.
4. The Committee takes note of the Congress’s wish to further reinforce their mutual dialogue. It is open to such a reinforcement, and invites its rapporteur groups to bear this in mind whenever their work could benefit from Congress input.
5. The Committee of Ministers encourages the member states concerned to sign and ratify the instruments mentioned in paragraphs e to h, and, where appropriate, to reconsider their reservations to these instruments.
6. Lastly, the Committee recalls that on the occasion of its 1090th meeting (7 July 2010), it took note of Budgetary Recommendation 289 adopted by the Congress, and brought it to the attention of the governments of member states.
Appendix 9
(Item 4.2)
Declaration of the Committee of Ministers
on the 50th anniversary of the European Social Charter
(Adopted by the Committee of Ministers on 12 October 2011
at the 1123rd meeting of the Ministers’ Deputies)
The Committee of Ministers of the Council of Europe,
Considering the European Social Charter, opened for signature in Turin on 18 October 1961 and revised in Strasbourg on 3 May 1996 (“the Charter”);
Reaffirming that all human rights are universal, indivisible, interdependent and interrelated;
Stressing its attachment to human dignity and the protection of all human rights;
Emphasising that human rights must be enjoyed without discrimination;
Reiterating its determination to build cohesive societies by ensuring fair access to social rights, fighting exclusion and protecting vulnerable groups;
Underlining the particular relevance of social rights and their guarantee in times of economic difficulties, in particular for individuals belonging to vulnerable groups;
On the occasion of the 50th anniversary of the Charter,
1. Solemnly reaffirms the paramount role of the Charter in guaranteeing and promoting social rights on our continent;
2. Welcomes the great number of ratifications since the Second Summit of Heads of States and Governments where it was decided to promote and make full use of the Charter, and calls on all those member states that have not yet ratified the Revised European Social Charter to consider doing so;
3. Recognises the contribution of the collective complaints mechanism in furthering the implementation of social rights, and calls on those members states not having done so to consider accepting the system of collective complaints;
4. Expresses its resolve to secure the effectiveness of the Social Charter through an appropriate and efficient reporting system and, where applicable, the collective complaints procedure;
5. Welcomes the numerous examples of measures taken by States Parties to implement and respect the Charter, and calls on governments to take account, in an appropriate manner, of all the various observations made in the conclusions of the European Committee of Social Rights and in the reports of the Governmental Committee;
6. Affirms its determination to support States Parties in bringing their domestic situation into conformity with the Charter and to ensure the expertise and independence of the European Committee of Social Rights;
7. Invites member states and the relevant bodies of the Council of Europe to increase their effort to raise awareness of the Charter at national level amongst legal practitioners, academics and social partners as well as to inform the public at large of their rights.
Appendix 10
(Item 9.1)
Reply to Recommendation 292 (2010)
of the Congress of Local and Regional Authorities of the Council of Europe on
“Landscape: a new dimension of public territorial action”
(Adopted by the Committee of Ministers on 12 October 2011
at the 1123rd meeting of the Ministers’ Deputies)
1. The Committee of Ministers has taken note of Congress Recommendation 292 (2010) on “Landscape: a new dimension of public territorial action”. It recognises the importance of public action to protect and promote the landscape and acknowledges the experience acquired by the local and regional authorities in this regard. It points out that the purpose of the information system on the implementation of the European Landscape Convention, currently being developed, is to present policies that have been drawn up at national, regional and local level.
2. The Committee of Ministers encourages member states which have not yet done so to sign and ratify the European Landscape Convention. It also points out that it is important for States Parties to the Convention to incorporate the concept of landscape in all national legislation and sectoral policies having a direct or indirect impact on the quality of the living environment, in accordance with the principles laid down by the Convention, including that of subsidiarity.
3. In addition, the Committee of Ministers would inform the Congress that issues of citizens’ democratic participation, their involvement in local affairs and their right to a better living environment, as referred to in its recommendation, have been and will continue to be taken into account in the work of the competent committees. Similarly, the representative bodies of civil society have been broadly involved in the Convention monitoring process and are regularly invited to attend related meetings.
Appendix 11
(Item 9.2)
Reply to Recommendation 296 (2010)
of the Congress of Local and Regional Authorities of the Council of Europe on
“Sustainable development of mountain regions and the experience of the Carpathian Mountains”
(Adopted by the Committee of Ministers on 12 October 2011
at the 1123rd meeting of the Ministers’ Deputies)
1. The Committee of Ministers has taken note of Congress Recommendation 296 (2010) on “Sustainable development of mountain regions and the experience of the Carpathian Mountains”.
2. It is aware of the specific nature of mountain regions, which represent a considerable potential for Europe and fulfil numerous ecological, economic, social, cultural and agricultural functions. The transnational nature of many of these regions justifies cross-border co-operation and a cross-sectoral approach to mountain region policies. The Committee of Ministers notes the value of Protocol No. 3 to the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities concerning Euroregional Co-operation Groupings and also points out the relevance of the European Landscape Convention.
3. The Committee of Ministers welcomes the efforts undertaken by the states signatories to the Framework Convention on the Protection and Sustainable Development of the Carpathians (Carpathian Convention), which seeks to preserve the wealth of the flora and fauna, cultural heritage and landscapes of the Carpathian mountain region.
4. It encourages member states, especially those in the Carpathian region, to incorporate the sustainable development of mountain regions in their national and regional development strategies and policies by means of specific measures for mountain regions, such as those proposed by the Congress, involving local and regional authorities in the drawing up and implementation of those measures.
Appendix 12
(Item 10.3b)
Recommendation CM/RecChL(2011)3
of the Committee of Ministers
on the application of the European Charter for Regional or Minority Languages by Sweden
(Adopted by the Committee of Ministers on 12 October 2011
at the 1123rd meeting of the Ministers’ Deputies)
The Committee of Ministers,
In accordance with Article 16 of the European Charter for Regional or Minority Languages;
Having regard to the instrument of ratification submitted by Sweden on 9 February 2000;
Having taken note of the evaluation made by the Committee of Experts on the Charter with respect to the application of the Charter by Sweden;
Bearing in mind that this evaluation is based on information submitted by Sweden in its national report, supplementary information provided by the Swedish authorities, information submitted by bodies and associations legally established in Sweden and information obtained by the Committee of Experts during its on-the-spot visit;
Having taken note of the comments made by the Swedish authorities on the contents of the Committee of Experts' report;
Recommends that the authorities of Sweden take account of all the observations and recommendations of the Committee of Experts and, as a matter of priority:
1. strengthen education for all regional or minority languages, by adopting a comprehensive and structured approach, based on the needs of the speakers and according to the situation of the languages;
2. ensure that “mother-tongue” education meets the requirements of the Charter and offers real and adequate language tuition, enabling pupils to achieve mature literacy in the languages concerned;
3. increase the amount of bilingual education available in Finnish and Sami, and establish bilingual education in Meänkieli;
4. establish a dedicated and properly resourced system of teacher training for all regional or minority languages;
5. create teaching and learning materials, for all regional or minority languages.
Appendix 13
(Item 11.1)
Resolution CM/Res(2011)9
amending the Staff Regulations with regard to delegation of staff management powers to the Registrar of the European Court of Human Rights
(Adopted by the Committee of Ministers on 12 October 2011
at the 1123rd meeting of the Ministers’ Deputies)
The Committee of Ministers, in accordance with Article 16 of the Statute of Council of Europe,
Having regard to Articles 36, paragraph c, and 37, paragraph b, of the Statute of the Council of Europe;
Having regard to Article 24, paragraph 1, of the European Convention on Human Rights and Rule 17, paragraph 1, of the Rules of Court;
Having regard to the Staff Regulations and Appendices thereto;
Having regard to the decisions taken at the High-level Conference on the Future of the European Court of Human Rights (Interlaken, 18-19 February 2010) and notably point 8 (b) of the Action Plan adopted at that conference, which calls upon States Parties and the Council of Europe to grant to the Court, in the interest of its efficient functioning, the necessary level of administrative autonomy within the Council of Europe;
Bearing in mind the need to preserve the institutional coherence and integrity of the Council of Europe as a whole;
Considering it necessary to accord the Court an appropriate level of administrative autonomy in staff matters;
Considering that Articles 36, paragraph c, and 37, paragraph b, of the Statute of the Council of Europe do not preclude a delegation of decision-making authority in staff related matters in the name and on behalf of the Secretary General;
On a proposal by the Secretary General, who has consulted the Staff Committee under Article 6, paragraph 1, of the Regulations on staff participation (Appendix I to the Staff Regulations),
Resolves as follows:
Article 1
The last sentence of paragraph 2 of Article 59 of the Staff Regulations shall henceforth read as follows:
“The expression “administrative act” shall mean any individual or general decision or measure taken by the Secretary General or any official acting by delegation from the Secretary General.”
Article 2
An article entitled “Article 61bis – Decisions relating to the Registry of the European Court of Human Rights” and worded as follows shall be added before Article 62 at the beginning of Part VIII: Final provisions of the Staff Regulations:
“1. By delegation from the Secretary General, the Registrar of the European Court of Human Rights shall take decisions relating to the Registry under the following provisions of these Regulations and Appendices hereto:
i. Article 3
ii. Article 5, paragraphs 1 and 2. For the purpose of paragraph 1bis, the Deputy Registrars shall have the competence of Head of Major Administrative Entity
iii. Articles 6 and 7
iv. Article 15
v. Article 16, paragraphs 2 to 5
vi. Articles 17 and 18
vii. Article 21, paragraphs 1 to 4
viii. Article 24, paragraphs 1 to 14 and 16. The application of Article 24, paragraphs 2, 7, 10 and 13, shall be without prejudice to the Secretary General’s power to set out, in a Rule, conditions for granting additional steps to candidates with more extensive professional experience
ix. Article 25, paragraphs 1, 2, 5a and 5b, with regard to appointment to grade A6
x. Articles 28 and 29
2. The authority exercised by the Secretary General under Article 2 of these regulations with regard to the Registry shall have regard to paragraph 1 above.
3. The Registrar shall take the decisions referred to in paragraph 1 above in conformity with these regulations and appendices hereto and any implementing provisions issued by the Secretary General in accordance with these regulations and appendices hereto. The Secretary General shall inform the Registrar of any complaint under Article 59 of these regulations relating to such decisions
4. For the purposes of application of paragraph 1 above, the recommendations of the Appointments Board under the provisions of Article 9, Article 12, Article 13, Article 14, Article 16, paragraph 1, and Article 20 of Appendix II of Regulations on Appointments, shall be made to the Registrar.”
Article 3
An article entitled “Article 61ter – Regrading of posts at the Registry of the European Court of Human Rights” and worded as follows shall be added after Article 61bis of the Staff Regulations:
“With respect to the regrading of posts at the Registry of the European Court of Human Rights, the Secretary General shall exercise the powers provided in Article 2, paragraph 5, of Appendix III: Regulations on the table of posts, with the agreement of the Registrar, except where, in the context of an overall job classification review, the Secretary General exercises this power in a way which affects posts in all sectors and Major Administrative Entities of the Council of Europe.”
Article 4
A paragraph 1bis shall be inserted after paragraph 1 of Article 21bis of the Regulations on Appointments (Appendix II to the Staff Regulations) and worded as follows:
“The provisions of paragraph 1 do not apply to staff members carrying out their duties at the Registry of the European Court of Human Rights.”
Article 5
Article 26, paragraph 2, indent a, of the Regulations on Appointments (Appendix II to the Staff Regulations) shall be deleted.
Article 6
This resolution shall enter into force on 1 January 2012.
+ There were no decisions under this item.
[1] See also document CM/Cong(2011)Rec299-final.
[2] See also document CM/Cong(2011)Rec292-final.
[3] See also document CM/Cong(2011)Rec296-final.
[4] When this recommendation was adopted:
- in accordance with Article 10.2.c of the Rules of Procedure of the Ministers' Deputies, the Representative of Switzerland reserved the right of his government to comply with it or not.