Directorate General of Political Affairs
Direction Générale des Affaires Politiques
5 October 2005
Council of Europe Project
Prepared by the Project Secretariat
- Directorate General of Legal Affairs (DG I)
- Directorate General of Human Rights (DG II)
- Directorate General of Social Cohesion (DG III)
- Directorate General of Culture (DG IV)
- Directorate General of Political Affairs (DG AP)
- Venice Commission
- Parliamentary Assembly
Directorate General of Legal Affairs (DG I)
1. Collection 1 on Science and technique of democracy
No. 1 Meeting with the presidents of constitutional courts and other equivalent bodies 2 (1993)
No. 2 Models of constitutional jurisdiction* 3
No. 3 Constitution making as an instrument of democratic transition (1993)
No. 4 Transition to a new model of economy and its constitutional reflections (1993)
No. 5 The relationship between international and domestic law (1993)
No. 6 The relationship between international and domestic law*
No. 7 Rule of law and transition to a market economy (1994)
No. 8 Constitutional aspects of the transition to a market economy (1994)
No. 9 The Protection of Minorities (1994)
No. 10 The role of the constitutional court in the consolidation of the rule of law (1994)
No. 11 The modern concept of confederation (1995)
No. 12 Emergency powers*
No. 13 Implementation of constitutional provisions regarding mass media in a pluralist democracy (1995)
No. 14 Constitutional justice and democracy by referendum (1996)
No. 15 The protection of fundamental rights by the Constitutional Court* (1996)
No. 16 Local self-government, territorial integrity and protection of minorities (1997)
No. 17 Human Rights and the functioning of the democratic institutions in emergency situations (1997)
N° 18 The constitutional heritage of Europe (1997)
No. 19 Federal and regional States (1997)
No. 20 The composition of constitutional courts (1997)
No. 21 Nationality and state succession (1998)
No. 22 The transformation of the Nation-State in Europe at the dawn of the 21st century (1998)
No. 23 Consequences of state succession for nationality (1998)
No. 24 Law and foreign policy (1998)
No 25 New trends in electoral law in a pan-European context (1999)
No 26 The principle of respect for human dignity (1999)
No 27 Federal and Regional States in the perspective of European integration (1999)
No. 28 The right to a fair trial (2000)
No. 29 Societies in conflict : the contribution of law and democracy to conflict resolution2 (2000)
No. 31 Constitutional implications of accession to the European Union2 (2002)
No. 32 The protection of national minorities by their kin-State2 (2002)
No. 33 Democracy, Rule of Law and Foreign Policy2 (2003)
No. 34 Code of good practice in electoral matters* (2003)
No. 35 The resolution of conflicts between the central State and entities with legislative power by the Constitutional Court2 (2003)
No. 36 Constitutional Courts and European Integration4 (2004)
No. 37 European and U.S. Constitutionalism4(2005)
No 38 State Consolidation and National Identity4 (2005)
No 39 European Standards of Electoral Law in the Contemporary Constitutionalism1 (2005)
2. Local and regional democracy
- The Revised European Charter on the Participation of Young People in Local and Regional Life (adopted on 21 May 2003; CM Recommendation (2004)13)
- European Charter of Local Self-Government (ETS No. 122)
- European Charter for Regional or Minority Languages
- Practical guide aimed at NGOs related to European Charter for Regional or Minority Languages
- Recommendation Rec(2001)19 on the participation of citizens in local public life
- Recommendation Rec(2004)1 on financial and budgetary management at local and regional levels
- Recommendation R(96)2 on referendums and popular initiatives at local level)
- Recommendation No R (97) 7 on Local public services and the rights of their users
3. Citizens and foreigners
- European Convention on Nationality (ETS No. 166)
- Convention on the Participation of Foreigners in Public Life at Local Level (ETS No. 144)
- Recommendation Rec (1999) 18 on the avoidance and reduction of statelessness. Obtaining citizenships is surely a precondition for exercising certain political rights and thus relevant to democracy.
- Recommendation on the rights of internally displaced persons (draft to be finalised by CAHAR in 2005 and to be presented to the CM for adoption in 2006). This recommendation would contain provisions on such rights of IDPs as the right to facilitated registration, which is important for their participation in local elections, for example.
4. Legal status of NGOs
- European Convention on the Recognition of the Legal Personality of International Non-Governmental Organisations (ETS No. 124) – at present the only international standard-setting instrument covering this type of NGO.
- Fundamental Principles on the status of NGOs in Europe adopted in 2002 (legal personality of NGOs, their status, management, transparency and accountability etc).
A recommendation to member states on the legal status of NGOs is under consideration.
Study finalised in 2004 on the legal framework for the setting up and functioning of NGOs in Europe in order to assess the compatibility of the national legislation and practice with the provisions of Fundamental Principles.
5. Administrative law
- Resolution (77) 31 on the Protection of the Individual in Relation to the Acts of administrative Authorities
- Recommendation No R (81) 19 on the access to information held by public authorities
- Recommendation No R (87) 16 on administrative procedures affecting a large number of persons
6. Access to Justice
- Resolution (76) 5 On Legal Aid in Civil, Commercial and Administrative Matters
- Resolution (78) 8 On Legal Aid and Advice
- Recommendation (81) 7 On Measures Facilitating Access to Justice
- Recommendation (93) 1 On Effective Access to the Law and to Justice for the Very Poor
- Recommendation (2005) 12 Containing an Application Form for Legal Aid Abroad for Use Under the European Agreement on the Transmission of Applications for legal aid (ETS No. 092) and its Additional Protocol (ETS No. 179)
At the same time it is believed that the Recommendation (2000) 21 on the Freedom of Exercise of the Profession of Lawyer also has a strong impact on funcioning of the civil societies in the member states, as it sets forth certain principles as regards the independence and responsibilities of this legal profession towards the society, the state authorities and itself.
- Twenty Guiding Principles for the fight against corruption
- Criminal (EST N° 173) and Civil Law (ETS N° 174) Conventions on Corruption and Additional Protocol to the Criminal Law Convention on Corruption (ETS N° 191)
- Recommendations R(2000)10 on Codes of Conduct for Public Officials
- Rec(2003)4 on Common Rules against Corruption in the Funding of Political Parties and Electoral Campaigns.
No GRECO-documents which would relate specifically to the issue of democracy and civic participation. However all CoE anti-corruption instruments have been designed against the background of corruption being considered as a serious threat to democracy, equity and social justice. GRECO’s (generally published) evaluation reports (http://www.greco.coe.int) contain references to such issues as the independence of anti-corruption bodies, the transparency of public administration and citizens’ access to information (which might be related to some of the concerns which will be addressed by the Forum).
8. Prison system
The participation of civil society does play an increasingly important role in improving the treatment of prisoners (a role which is acknowledged by the new European Prison Rules, expected to be adopted by the Committee of Ministers by the end of 2005) as well as in the development of the functioning of the police and other public agencies involved in the prevention of criminality. The role of civil society is also important in developing and improving restorative justice methods of intervention in our member States such as mediation in penal matters, or assistance to victims. In addition the current developments in the field of probation and community sanctions and measures clearly imply the participation of society at large.
Further information on these subjects can be found on the websites:
Directorate General of Human Rights (DG II)
- Recommendation Rec (2003) 3 of the CM to member States on balanced participation of women and men in political and public decision making
* Secretariat documents on democracy/participation – related standards in the case-law of the Court / the opinions of the Advisory Committee on the Framework Convention can be made available.
Directorate General of Social Cohesion (DG III)
Tendances de la cohésion sociale n° 12 (déjà publié)/Trends in social cohesion
Tendances de la cohésion sociale n° 14 (en cours d'édition, devrait parâtre d'ici une dizaine de jours)
Democracy in general:
ETS: European Convention on the Legal Status of Migrant Workers (ETS 093)
· Recommendation Rec(2002)4 on the legal status of persons admitted for family reunification
1. The legal status of persons admitted for family reunion : a comparative study of law and practice in some European countries, 2000
Steve Peers, Robin Barzilay, Kees Groenendijk and Elspeth Guild, (ISBN 92-871-4388-9)
2. Diversity and Cohesion: new challenges for the integration of immigrants and minorities, 2000, (ISBN 92-871-4345-5)
Diversité et Cohésion : de nouveaux défis pour l’intégration des immigrés et des minorités, 2000, (ISBN 92-871-4344-7)
3. Framework of integration policies, 2000, (ISBN 92-871-4341-2)
Cadre des politiques d’intégration, 2000, (ISBN 92-871-4340-4)
4. Religion and the integration of immigrants, 1999, (ISBN 92-871-4041-3)
La religion et l’intégration des immigrés, 1999, (ISBN 92-871-4040-5)
6. Security of residence of long-term migrants: a comparative study of law and practice in European countries, 1998, (ISBN 92-871-3788-9)
Kees Groenendijk, Elspeth Guild and Halil Dogan
13. Immigrant women and integration, 1995, (ISBN 92-871-2834-0)
Les femmes immigrées et l'intégration, 1995, (ISBN 92-871-2833-2)
16. Police training concerning migrants and ethnic relations, practical guidelines, 1994
Formation de la police concernant les relations avec les migrants et les groupes ethniques, directives pratiques, 1994, (ISBN 92-871-2458-2)
Political and social participation of immigrants through consultative bodies, 1999,
1. Recommendation Rec(2000)5 on the development of structures for citizen and patient participation in the decision-making process affecting health care and explanatory memorandum
2. Recommendation Rec(2000)18 on criteria for the development of health promotion policies and final report
3. Recommendation Rec(2001)12 on the adaptation of health care services to the demand for health care and health care services of people in marginal situations and explanatory memorandum
4. Report on Access to social rights for people with disabilities in Europe, 2003, ISBN 92-871-5328-0
Directorate General of Education,
SCHOOL, OUT-OF-SCHOOL AND HIGHER EDUCATION
List of relevant publications on the acquis in the field of democracy in general and on the issue of civic participation :
Education for Democratic Citizenship
Adopted texts on education for democratic citizenship
· Declaration and programme on education for democratic citizenship, based on the rights and responsibilities of citizens adopted by the Committee of Ministers, Budapest 1999;
Series of reports produced by the EDC Project
· Education for democratic citizenship: a lifelong perspective by César Bîrzea;
· Regional studies on EDC Policies by Isak Froumin, David Kerr, Rolf Mikkelsen, Milan Pol, Bruno Losito and Mitja Sardoc;
Glossary of Terms for Education for Democratic Citizenship by Karen O’Shea.
Bibliography on Education for Democratic Citizenship and Human Rights Education by Mitja Sardoc.
Concept paper for the European Year of Citizenship through Education.
Communiqué and Action Plan for the European Year Year of Citizenship through Education.
Higher Education and Research
ISBN 5150-4 : Recognition issues
· Guide for the development of Language Education Policies in Europe : from linguistic diversity to plurilingual education accompanied by a series of 21 specific studies including the following:
o Democratic Citizenship, Languages, Diversity and Human Rights
· Common European Framework of Reference for Languages: Learning, Teaching, Assessment available in 22 languages
CULTURE AND CULTURAL AND NATURAL HERITAGE
List of documents and publications on civic participation, active citizenship or democratic involvement in decision-making:
·Amsterdam Declaration. Adopted at the Congress on the European Architectural Heritage, Amsterdam, Netherlands, 25 October 1975
·Bennett, Tony. Differing diversities: cultural policy and cultural diversity. Strasbourg : Council of Europe, 2001
·Cultural heritage and its educational implications: a factor for tolerance, good citizenship and social integration. Strasbourg : Council of Europe, 1997
·D’Angelo, Mario: Cultural policies in Europe: local issues. Strasbourg: Council of Europe, 2000
·Declaration on intercultural dialogue and conflict prevention. Adopted by the Conference of the European Ministers of Culture, Opatija, Croatia, 22 October
·Declaration on the role of voluntary organisations in the field of cultural heritage. Adopted by the 5th European Conference of Ministers responsible for the Cultural Heritage, Portorož, Slovenia, 7 April 2001
·Draft Framework Convention Council of Europe on the value of cultural heritage for society (currently being discussed at the Committee of Ministers)
·European Declaration on Cultural Objectives adopted by the 4th Conference of European Ministers Responsible for Cultural Affairs on 24 May 1984
·European Task Force for Culture and Development: In from the margins: a contribution to the debate on culture and development in Europe. Strasbourg: Council of Europe, 1997
·Everitt, Anthony: The governance of culture: approaches to integrated cultural planning and policies. Strasbourg, Council of Europe, 1999 (Policy note 5)
·Fisher, Rod; Fox, Roger: Culture and civil society: new relationships with the third sector. Strasbourg, Council of Europe, 2001 (Policy note 6)
·Guidance on urban rehabilitation. Strasbourg : Council of Europe, 2004
·Kecskemeti, Charles; Szekely, Ivan. Access to archives: a handbook of guidelines for implementation of Recommendation (2000)13 on a European policy on access to archives. Strasbourg: Council of Europe, 2005
·Recommendation No. R (98)5 of the Committee of Ministers to member States concerning heritage education adopted on 17 March 1998
·Resolution (98)4 on the cultural routes of the Council of Europe adopted by the Committee of Ministers on 17 March 1998
·Simpson, J.A.: Towards cultural democracy. Strasbourg : Council of Europe, 1976
·Stanley, Dick: Recondita armonia: a reflection on the function of culture in building citizenship capacity (working title); forthcoming Policy Note by the Culture and Cultural Heritage Department commissioned within the framework of the European Year of Citizenship through Education 2005
·Council of Europe/ERICarts: Compendium of cultural policies and trends in Europe. 5th edition, 2005 (http://www.culturalpolicies.net/) provides information on the application of civic participation, active citizen involvement and other cultural democracy measures in national cultural policies
·European Heritage Network. An online information system on cultural heritage policies in Europe (http://www.european-heritage.net)
·See also the recent Kyiv Declaration on "Culture and Cultural Policies for Development" and the "Kyiv Initative for the Democratic Development through Culture" (both 15-16 September 2005) as expressions of intent, informing future activities of the Culture and Cultural Heritage Department in this area
YOUTH AND SPORT
La plupart des publications de la Direction Jeunesse sont liées à la question de la citoyenneté active et donc de la démocratie (voir liste des Publications).
The Council of Europe and Youth
The Council of Europe and youth: thirty years experience / Laurence Eberhard. Council of Europe, 2002. ISBN: 92-871-4976-3.
Award « Young active citizens » (www.coe.int/youth)
Brochure and Leaflet on the work of the Youth Directorate: Young people building Europe: participation, intercultural dialogue and human rights education (2005)
Participation and citizenship: training for minority youth projects in Europe / Ohana, Y. (ed.). Council of Europe, 1998. ISBN: 92-871-3650-5.
Compass: a manual on Human rights Education with Young People / Brander, Patricia et al. Council of Europe, 2002.
Hearing on the specific situation of young migrants.- European Youth Centre Budapest, 2002.
Islamophobia and its consequences on Young People / Ramberg, Ingrid - Council of Europe, 2004. ISBN: 92-871-5673-5.
Young People and Violence Prevention - Youth Policy Recommendations / Gavan Titley - Council of Europe, 2004.
*Revisiting youth political participation / Joerg Forbrig / (ed.) Council of Europe, 2005. ISBN 92-871-5654-9
Keys to participation : a practitioners' guide / Boukobza, E. Council of Europe, 1998.
Keys to youth participation in eastern Europe / Kovacheva, Siyka. Council of Europe, 2000.
Youth research in Europe -- the next generation : perspectives on transitions, identities and citizenship / Directorate of Youth and Sport. Council of Europe, 2001. ISBN: 92-871-4534-2.
Transitions of youth citizenship in Europe: culture, subculture and identity / Furlong, Andy (ed.) & Irena Guidikova (ed.). Council of Europe, 2001.
The participation of young people / European Steering Committee for Intergovernmental Co-operation in the Youth Field, Council of Europe, 1997.
Reviews of national youth policy in: Estonia, Finland, Lithuanie, Luxembourg, Malta, the Netherlands, Norway, Romania, Spain, and Sweden : Reports by an international review group appointed by the Council of Europe. The first in a series of reviews of youth policy by the Council of Europe in collaboration and consultation with national governments. ISBN publications.
Supporting young people in Europe: principles, policy and practice / Howard Williamson. Council of Europe, 2002. ISBN: 92-871-4954-2.
The State of national youth councils and consultative youth bodies in Europe / Flessenkemper, Tobias. Council of Europe, 2003.
Youth cultures, lifestyles and citizenship / Mc Carthy, Stephen (rapp.). Council of Europe, 2000.
The beauty of the world. Situation and perspectives of minority young people in Europe. / Vanyi, Balint. Council of Europe, 1995. Report of the training course for minority youth leaders, Levoca, Slovakia, 18-27 May 1995. (available on-line at www.coe.int/hre)
Making a difference with minority youth in Europe / Vaida Jasiukaityte. Council of Europe, 2003.
Young Roma, Gypsies and Travellers in Europe. Report on the training course for minority young leaders “Situation and perspectives of young people from Roma/Gypsy and Travellers backgrounds in Europe”. EYC, Strasbourg, 18- 27 April 1995 / Fernandez Jimenez, D.L. (rapp.). Council of Europe, 1996.
Directorate General of Political Affairs
Project “Making Democratic Institutions work”
· Going for gender balance (2002)
· Women’s individual voting rights – a democratic requirement (2002)
· Highway to democracy – the Council of Europe and the information society (2003)
· Guarding the watchdog – the Council of Europe and media (2003)
· Financing political parties and election campaigns – guidelines (2003)
· Genderware – the Council of Europe and the participation of women in political life (2003)
· Local consultative bodies for foreign residents – a handbook (2004)
· The future of democracy in Europe – trends, analyses, reforms (2004)
· Developing democracy in Europe – an analytical summary of the Council of Europe’s acquis (2004)
· Reflections on the future of democracy in Europe
· Rec (2004)11, 30 September 2004
· Rec(2004)15, 15 December 2004
· Proceedings of Citizens’ Forum “NGOs – key players in democratic governance”
4 and 5 November 2002
Schools of Political Studies
Brochure Schools of Political Studies (Les Ecoles d’Etudes Politiques
1. Constitutional and institutional reforms – Venice Commission
documents concerning directly civic participation are in bold
N.B. This is not an exhaustive list of Assembly’s texts which may be considered as its acquis in the field of democracy - there is a whole category of documents like opinions on accession, monitoring reports or resolutions on functionning of democratic institutions in CoE member states which set up concrete standards for democratic systems. Also texts which for different reasons have become obsolete are not included in this list.
Recommendation 1714(2005) on the abolition of restrictions on the right to vote
Recommendation 1713(2005) on democratic oversight of the security sector in member states
Recommendation 1704(2005) on referendums: towards good practices in Europe
Recommendation 1680(2004) on the new concepts to evaluate the state of democratic development
Resolution 1407(2004) on the new concepts to evaluate the state of democratic development
Recommendation 1644(2004) on terrorism: a threat to democracies
Recommendation 1629(2003) on the future of democracy: strengthening democratic institutions
Resolution 1353(2003) on the future of democracy: strenthening democratic institutions
Resolution 1344(2003) on threat posed to democracy by extremist parties and movements in Europe
Recommendation 1550(2002) on combatting terrorism and respect for human rights
Recommendation 1534(2001) on democracies facing terrorism
Recommendation 1516(2001) on financing of political parties
Recommendation 1500(2001) on the participation of immigrants and foreign residents in political life in the CoE member States
Resolution 1231(2000) on the impact of electoral systems on the political process
Resolution 1209(2000) on democracy and economic development
Resolution 1214(2000) on the role of parliaments in fighting corruption
Recommendation 1426(1999) on the European democracies facing up terrorism
Recommendation 1413(1999) on the equal representation in political life
Recommendation 1402(1999) on the control of internal security services in Council of Europe member States
Recommendation 1396(1999) on religion and democracy
Resolution 1121(1997) on instruments of citizen participation in representative democracy
Resolution 1120(1997) on the impact of the new communication and information technologies on democracy
Recommendation 1202 (1993) on religious tolerance in democratic society
Resolution 980 (1992) on citizens’ participation in politics
Recommendation 1147(1991) on parliamentary responsibility for the democratic reform of broadcasting
Recommendation 1019(1985) on the participation of young people in political and institutional life
Recommendation 1008 (1985) on women in politics;
Resolution 800 (1983) on the principles of democracy
List of documents on civic participation
The 1992 Convention on the Participation of Foreigners in Public Life at Local Level (entry into force on 1 May 1997)
The Revised European Charter on the Participation of Young People in Local and Regional Life (adopted on 21 May 2003; CM Recommendation (2004)13)
The 2004 Handbook on local consultative bodies for foreign residents
The European Code of conduct for local and regional elected officials
Recommendatoin 1277 (1995) on migrants, ethnic minorities and media (June 1995; report by the Comité on Migration, Refugees and Demography; Doc. 7322) (Comitee of Ministres reply, January 1996, Doc. 7469), Parliamentary Assembly
Recommendation 61 (1999) on the role of local and regional mediators/ombudsmen in defending citizens’ rights
Recommendation 68 (1999) on women’s participation in political life in the regions of Europe
Recommendation 76 (2000) on the participation of foreign residents in local public life
Recommendation 111 (2002) on women’s individual voting rights: a democratic requirement
Recommendation 113 (2002) on relations between the public, the local assembly and the executive in local democracy (the institutional framework of local democracy)
Recommendation 115 (2002) on the participation of foreign residents in local public life: consultative bodies
Recommendation 139 (2003) on NGOs and local and regional democracy
Recommendation 153 (2004) on a pact for the integration and participation of people of immigrant origin in Europe’s towns, cities and regions
Resolution 91 (2000) on responsible citizenship and participation in public life
Resolution 92 (2000) on the participation of foregin residents in local public life
Draft Report and Recommendation on public participation in local affairs and elections (to be examined by the Congress Institutional Committee on 7 October 2005; will be provided after 10 October 2005)
12 Oct 12h28
1 Publications are also available in French unless otherwise indicated.
2 Speeches in the original language (English or French).
3 Publications marked * are also available in Russian.
4 Available in English only.
5 Web address of the PC-S-AV : http://www.coe.int/T/E/Legal_Affairs/Legal_co-operation/Transnational_criminal_justice/3_Assistance_to_victims_%28PC-S-AV%29/Default.asp#TopOfPage
6 Political and social participation of immigrants through consultative bodies, Addendum,
(CDMG (99)21 Addendum
7 La participation politique et sociale des immigrés à travers des mécanismes de consultation, Addendum (CDMG (99)21 Addendum