AUTUMN SESSION
CG(15)30REP
28 October 2008.

STANDING COMMITTEE

Procedure for the election of the Secretary General of the Congress

Halvdan Skard, Norway (L, SOC)
Herwig Van Staa, Austria (R, EPP/CD)

Explanatory Memorandum
Bureau of the Congress

R : Chamber of Regions / L : Chamber of Local Authorities
ILDG : Independent and Liberal Democrat Group of the Congress
EPP/CD : Group European People’s Party – Christian Democrats of the Congress
SOC : Socialist Group of the Congress
NR : Member not belonging to a Political Group of the Congress

Following the proposals of the Congress [Resolution 162(2005)], on 2 May 2007 the Committee of Ministers adopted Statutory Resolution CM/Res(2007)6, to which was appended the new Charter of the Congress. Article 15 of the Charter provides for the election of the Secretary General of the Congress by its members in plenary session.

The new Charter also changes the title of the post from Chief Executive to Secretary General of the Congress.

At its 15^th session in May 2008, the Congress adopted Resolution 256 (2008) on the Rules of Procedure of the Congress and its Chambers. Rule 56 implements Article 15 of the Charter, which entrusts the Standing Committee with establishing the procedure for electing the Secretary General of the Congress (appendix 2).

The Bureau therefore asked Halvdan Skard (Norway, L, SOC) and Herwig van Staa (Austria, R, EPP/CD), the Congress rapporteurs on the Rules of Procedure of the Congress and its Chambers, to submit a proposed procedure for the Standing Committee to consider and vote on at its meeting on 2 December 2008.

The proposed election procedure appears as an appendix to the draft resolution pertaining to this report.

It has to be fully compatible with the May 2007 Congress Charter and with the Regulations on Appointments of the Council of Europe Staff Regulations, as amended by Committee of Ministers Resolution Res(2005)6. Article 26c reads: “The Chief Executive of the Congress of Local and Regional Authorities of the Council of Europe (Congress) shall be elected by the Congress after the President has obtained the opinion of the Secretary General; the Secretary General shall make the appointment accordingly.”. However, it should be noted that since this resolution was adopted the title of "Chief Executive" has been changed to "Secretary General" of the Congress.

The procedure for electing the Secretary General of the Congress adopted by the Standing Committee on 2 December 2008 will be appended to the Rules of Procedure of the Congress and its Chambers adopted at the May 2008 plenary session.

The term of office of the current Secretary General, who was elected at the 2008 plenary session, will end on 28 October 2008. Article 15.2 of the Congress Charter reads: "The Congress shall elect its Secretary General for a renewable term of five years, although he or she may not exceed the age limit applicable to all Council of Europe staff." The Congress will therefore have to hold a new election in due course to replace him and the Bureau proposes that this election take place at the Congress' 17^th session (13-15 October 2009), with the successful candidate taking up his or her duties as soon as possible thereafter.

The Bureau will supervise the different stages of the preparation of the election in accordance with the timetable in appendix 3.

The proposed election procedure and timetable for its implementation have been submitted to the relevant Council of Europe departments to ensure that they are compatible with the organisation's statutory texts and practices.

The Standing Committee is invited to adopt the draft resolution and the procedure appended to it.

* * *

Appendix 1

EXTRACT OF THE CHARTER OF THE CONGRESS

ADOPTED ON 2 MAY 2007 BY THE MINISTERS’ DEPUTIES

Article 15

1.         The Secretariat of the Congress shall be provided by the Secretary General of the Congress, elected by the Congress. The Secretary General of the Congress shall be answerable to the Congress and its organs and act under the authority of the Secretary General of the Council of Europe. Candidates shall be free to submit their applications directly to the Secretary General of the Council of Europe, who will transmit them to the President of the Congress, together with his or her opinion. Following examination of these candidatures, the Bureau shall submit a list of candidates to the vote of the Congress. The Standing Committee, on behalf of the Congress, shall establish the procedure for the election of the Secretary General of the Congress, in order to clarify points which are not dealt with in the current Charter.

2.         The Congress shall elect its Secretary General for a renewable term of five years, although he or she may not exceed the age limit applicable to all Council of Europe staff.

3.         The Secretary General of the Council of Europe shall appoint a Director, following consultation with the Bureau of the Congress.

4.         The Secretariat of each Chamber shall be provided by the Executive Secretary of the Chamber who is appointed by the Secretary General of the Council of Europe after an informal exchange of views with the President of the Chamber concerned, during which he or she shall communicate his or her intentions and the reasons for his or her choice.

Appendix 2

EXTRACT OF THE RULES OF PROCEDURE OF THE CONGRESS AND ITS CHAMBERS

ADOPTED ON 28 MAY 2008 (15^th SESSION)

Rule 56

Secretariat of the Congress and its Chambers[1]

1          The secretariat of the Congress shall be provided by the Secretary General of the Congress, elected by the Congress.

2          The Secretary General shall be answerable to the Congress and its organs and act under the authority of the Secretary General of the Council of Europe.

3          In accordance with Article 15.1 of the Charter, the Standing Committee, on behalf of the Congress, shall establish the procedure for the election of the Secretary General of the Congress, in order to clarify any points which are not dealt with in the Charter. This procedure shall be appended to the Rules of Procedure.

4          The Secretary General of the Council of Europe shall appoint a Director, following consultation with the Bureau of the Congress.

5          Where the secretariat of each Chamber is concerned, the Secretary General of the Council of Europe shall appoint the Executive Secretary of the Chamber following an informal exchange of views with the President of the Chamber concerned, during which he or she shall communicate his or her intentions and the reason for his or her choice.

Appendix 3

INDICATIVE ELECTION PLANNING OF THE SECRETARY GENERAL OF THE CONGRESS

January 2009 – publication of the vacancy notice

- Publication of the vacancy notice and transmission to:

ü  47 Governments of the member states of the Council of Europe, via Permanent Representations

ü  Members of the Bureau

ü  Heads of the national delegations to the Congress

ü  National Associations of local and regional authorities.

February/March 2009 – selection of the candidates meeting the vacancy notice’s requirements

- Closing date for the applications: 6 weeks after the publication of the vacancy notice.

- Within 15 days after the closing date: together with the applications, two lists of candidates are sent by the Secretary General of the Council of Europe to the Congress President: one with the candidates meeting the requirements as stated in the Vacancy Notice and one with the candidates who do not meet the vacancy notice’s requirements (see procedure item 3.b).

End of March/Early April 2009 – meeting of the three Presidents

- The President of the Congress and the Presidents of each Chamber meet in order to examine the lists of candidatures transmitted by the Secretary General of the Council of Europe (see procedure item 4.a).

Between April and September 2009

- The President of the Congress and the Presidents of the Chambers shall transmit to the Bureau of the Congress the list of name(s) (see procedure item 4.c).

- The Bureau shall examine this proposed shortlist and decide on the final shortlist of candidates. It shall ask the President to send it to the Congress members (see procedure item 4.d).

- The candidates selected are informed of the Bureau’s decision and of the possibility given to them to prepare a presentation document of 4 pages maximum (A4 format) to be returned to the President of the Congress by mid-September.

- The President of the Congress sends the members of the Congress (Representatives and Substitutes), at the lastest 1 week before the 17^th Plenary Session of the Congress, the final list of shortlisted candidates together with their Curriculum Vitae, as well as any presentation documents prepared by these candidates (see procedure item 4.d).

17th Plenary Session (13-14-15 October 2009)

- Election of the Secretary General of the Congress at the 17^th Plenary Session.

- The Secretary General of the Council of Europe shall formally appoint the candidate elected.

- The elected Secretary General of the Congress takes up his/her duties as soon as possible from 1st November 2009.