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EXPLANATORY MEMORANDUM

The present Congress Charter (adopted by the Committee of Ministers in January 1994) stipulates in Article 14 that "Secretarial services for the CLRAE shall be provided by the Secretary General of the Council of Europe".

1. Proposed amendment of the Congress Charter (June 1999)

CLRAE Recommendation 56 (1999) on the Statutory Reinforcement and Revision of the Congress Charter (adopted in June 1999) proposes that Article 14 of the Charter should read as follows:

"1. The Secretariat of the Congress shall be provided by the Chief Executive of the Congress, elected by the Congress. The Chief Executive shall be answerable to the Congress and its organs and act under the authority of the Secretary General. Candidates shall be free to submit their applications directly. Following examination of these candidatures, the Bureau shall submit a list of candidates to the vote of the Congress, after consulting the Secretary General. The Standing Committee shall establish specific rules of procedure to be followed by the Bureau when examining the candidatures.

2. The Congress shall elect its Chief Executive for a renewable term of five years, without the age limit applicable to all Council of Europe staff being exceeded.

3. The Secretary General shall appoint a Deputy Chief Executive, following consultation of the Bureau of the Congress,

4. The Secretary General shall appoint a Secretary for each Chamber, following consultation of the Bureau of the Chamber concerned.”

2. Report of the Committee of Wise Persons

In this matter, the Committee of Wise Persons points out that "The position of the Secretariat of the CLRAE within the Council of Europe should be reinforced with, in particular, the election of a Head of Secretariat of the Congress." (paragraph 53).

This proposal was favourably received by the Deputies (page 5, doc. CM (99) 64, approved late April 1999).

3. First examination by the Ministers' Deputies (8-9 September 1999)

On examining Recommendation 56 (1999) at their 678th meeting (8-9 September 1999), the Deputies:

". took note of the proposed amendments to Statutory Resolution (94) 3 establishing the Congress of Local and Regional Authorities of Europe and to the Charter of the Congress of Local and Regional Authorities of Europe;

. invited their Rapporteur on Local Authorities to consider, after consultation, the amendments to the above-mentioned texts, taking account of the work done within the GT-SAGES, with a view to preparing a draft reply to the Recommendation;

. agreed to bear in mind the CLRAE recommendation as to the implementation of possible future reforms during the budget debate for 2000".

4. Second examination by the Ministers’ Deputies, scheduled for 9 February 2000

The Ministers’ Deputies will discuss all the amendments to the Statutory Resolution and to the CLRAE Charter, including the implications of these amendments for the Congress Secretariat, at their meeting on 9 February 2000. The Standing Committee will be notified at its meeting on 1-2 March 2000 of the decisions taken by the Deputies in this matter.

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PRESENT SITUATION

The present post of Head of the Congress Secretariat is classified A6 (post 121.11, Vacancy Notice of 11 July 1994).

Following the retirement of the Director of DELA on 1 September 1998, to all intents and purposes the Congress Secretariat became an autonomous unit directly answerable to the Secretary General. The reorganisation of the Council of Europe Secretariat approved by the Deputies in September 1999 (681st meeting, 29-30 September 1999, item 11.2.b), further to the report of the Committee of Wise Persons, confirms this position. It places the CLRAE Secretariat at a level of responsibility equivalent to that of the six Directorates General and envisages the possibility of the Chief Executive of the CLRAE being invited to take part, at least theoretically, in the Council of Europe "Executive Board" when its agenda includes items concerning the CLRAE.

Vacancy notice and procedure of election

This new post should be an A7 post. It should be filled under an external recruitment procedure, which does not exclude applications from serving staff members to the Council of Europe. It is understood that the Committee of Ministers would need to amend Article 26 of the Regulations on Appointments, to take account of the fact that the Chief Executive of the Congress will henceforth be elected.

A draft timetable is set out in the Appendix. The draft procedure for the election of the Chief Executive of the Congress is set out in draft Resolution [CG (7) 9 Resolution].

APPENDIX

DRAFT TIMETABLE

. February 2000: Decision by the Ministers' Deputies

. 1-2 March 2000: Standing Committee adopts the election procedure

. 6 March 2000: Posting of the Vacancy Notice¹

. 10 April 2000: Closing date for applications

. 25 April 2000: Lists of candidates transmitted by the Secretary General to the President of the Congress (List A: candidates not eligible according to the requirements stated in the vacancy notice; List B: eligible candidates)
. between 25 April and
10 May 2000: Bureau of the Congress meets to select from the eligible candidates a final list for submission to the Congress (not more than 5 names)

. 10 May 2000: President of the Congress transmits a final list to full delegates (and substitutes) of the Congress of Local and Regional Authorities of Europe

. 23/25 May 2000: Chief Executive elected

. 1 September 2000: Chief Executive takes office

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