Council of Europe Treaty Series

The Governments of the Kingdom of Belgium, the Kingdom of Denmark, the French Republic, the Irish Republic, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Kingdom of Norway, the Kingdom of Sweden and the United Kingdom of Great Britain and Northern Ireland,

Convinced that the pursuit of peace based upon justice and international co-operation is vital for the preservation of human society and civilisation;

Reaffirming their devotion to the spiritual and moral values which are the common heritage of their peoples and the true source of individual freedom, political liberty and the rule of law, principles which form the basis of all genuine democracy;

Believing that, for the maintenance and further realisation of these ideals and in the interests of economic and social progress, there is a need of a closer unity between all like-minded countries of Europe;

Considering that, to respond to this need and to the expressed aspirations of their peoples in this regard, it is necessary forthwith to create an organisation which will bring European States into closer association,

Have in consequence decided to set up a Council of Europe consisting of a committee of representatives of governments and of a consultative assembly, and have for this purpose adopted the following Statute:

Article 1

1. The aim of the Council of Europe is to achieve a greater unity between its members for the purpose of safeguarding and realising the ideals and principles which are their common heritage and facilitating their economic and social progress.
2. This aim shall be pursued through the organs of the Council by discussion of questions of common concern and by agreements and common action in economic, social, cultural, scientific, legal and administrative matters and in the maintenance and further realisation of human rights and fundamental freedoms.
3. Participation in the Council of Europe shall not affect the collaboration of its members in the work of the United Nations and of other international organisations or unions to which they are parties.
4. Matters relating to national defence do not fall within the scope of the Council of Europe.

Article 2

The members of the Council of Europe are the Parties to this Statute.

Article 3

Every member of the Council of Europe must accept the principles of the rule of law and of the enjoyment by all persons within its jurisdiction of human rights and fundamental freedoms, and collaborate sincerely and effectively in the realisation of the aim of the Council as specified in Chapter I.

Article 4

Any European State which is deemed to be able and willing to fulfil the provisions of Article 3 may be invited to become a member of the Council of Europe by the Committee of Ministers. Any State so invited shall become a member on the deposit on its behalf with the Secretary General of an instrument of accession to the present Statute.

Article 5

1. In special circumstances, a European country which is deemed to be able and willing to fulfil the provisions of Article 3 may be invited by the Committee of Ministers to become an associate member of the Council of Europe. Any country so invited shall become an associate member on the deposit on its behalf with the Secretary General of an instrument accepting the present Statute. An associate member shall be entitled to be represented in the Consultative Assembly only.
2. The expression "member" in this Statute includes an associate member except when used in connexion with representation on the Committee of Ministers.

Article 6

Before issuing invitations under Article 4 or 5 above, the Committee of Ministers shall determine the number of representatives on the Consultative Assembly to which the proposed member shall be entitled and its proportionate financial contribution.

Article 7

Any member of the Council of Europe may withdraw by formally notifying the Secretary General of its intention to do so. Such withdrawal shall take effect at the end of the financial year in which it is notified, if the notification is given during the first nine months of that financial year. If the notification is given in the last three months of the financial year, it shall take effect at the end of the next financial year.

Article 8

Any member of the Council of Europe which has seriously violated Article 3 may be suspended from its rights of representation and requested by the Committee of Ministers to withdraw under Article 7. If such member does not comply with this request, the Committee may decide that it has ceased to be a member of the Council as from such date as the Committee may determine.

Article 9

The Committee of Ministers may suspend the right of representation on the Committee and on the Consultative Assembly of a member which has failed to fulfil its financial obligation during such period as the obligation remains unfulfilled.

Article 10

The organs of the Council of Europe are:

1. the Committee of Ministers;
2. the Consultative Assembly.¹

Both these organs shall be served by the Secretariat of the Council of Europe.

Article 11

The seat of the Council of Europe is at Strasbourg.

Article 12

The official languages of the Council of Europe are English and French. The rules of procedure of the Committee of Ministers and of the Consultative Assembly shall determine in what circumstances and under what conditions other languages may be used.

Article 13

The Committee of Ministers is the organ which acts on behalf of the Council of Europe in accordance with Articles 15 and 16.

Article 14

Each member shall be entitled to one representative on the Committee of Ministers, and each representative shall be entitled to one vote. Representatives on the Committee shall be the Ministers for Foreign Affairs. When a Minister for Foreign Affairs is unable to be present or in other circumstances where it may be desirable, an alternate may be nominated to act for him, who shall, whenever possible, be a member of his government.

Article 15

1. On the recommendation of the Consultative Assembly or on its own initiative, the Committee of Ministers shall consider the action required to further the aim of the Council of Europe, including the conclusion of conventions or agreements and the adoption by governments of a common policy with regard to particular matters. Its conclusions shall be communicated to members by the Secretary General.
2. In appropriate cases, the conclusions of the Committee may take the form of recommendations to the governments of members, and the Committee may request the governments of members to inform it of the action taken by them with regard to such recommendations.

Article 16

The Committee of Ministers shall, subject to the provisions of Articles 24, 28, 30, 32, 33 and 35, relating to the powers of the Consultative Assembly, decide with binding effect all matters relating to the internal organisation and arrangements of the Council of Europe. For this purpose the Committee of Ministers shall adopt such financial and administrative arrangements as may be necessary.

Article 17

The Committee of Ministers may set up advisory and technical committees or commissions for such specific purposes as it may deem desirable.

Article 18

The Committee of Ministers shall adopt its rules of procedure, which shall determine amongst other things:

1. the quorum;
2. the method of appointment and term of office of its President;
3. the procedure for the admission of items to its agenda, including the giving of notice of proposals for resolutions; and
4. the notifications required for the nomination of alternates under Article 14.

Article 19

At each session of the Consultative Assembly the Committee of Ministers shall furnish the Assembly with statements of its activities, accompanied by appropriate documentation.

Article 20

1. Resolutions of the Committee of Ministers relating to the following important matters, namely:
1. recommendations under Article 15.b;
2. questions under Article 19;
3. questions under Article 21.a.i and b;
4. questions under Article 33;
5. recommendations for the amendment of Articles 1.d, 7, 15, 20 and 22; and
6. any other question which the Committee may, by a resolution passed under d below, decide should be subject to a unanimous vote on account of its importance, require the unanimous vote of the representatives casting a vote, and of a majority of the representatives entitled to sit on the Committee.
2. Questions arising under the rules of procedure or under the financial and administrative regulations may be decided by a simple majority vote of the representatives entitled to sit on the Committee.
3. Resolutions of the Committee under Articles 4 and 5 require a two-thirds majority of all the representatives entitled to sit on the Committee.
4. All other resolutions of the Committee, including adoption of the budget, of rules of procedure and of financial and administrative regulations, recommendations for the amendment of articles of this Statute, other than those mentioned in paragraph a.v above, and deciding in case of doubt which paragraph of this article applies, require a two-thirds majority of the representatives casting a vote and of a majority of the representatives entitled to sit on the Committee.

Article 21

1. Unless the Committee decides otherwise, meetings of the Committee of Ministers shall be held:
1. in private, and
2. at the seat of the Council.
2. The Committee shall determine what information shall be published regarding the conclusions and discussions of a meeting held in private.
3. The Committee shall meet before and during the beginning of every session of the Consultative Assembly and at such other times as it may decide.

Article 22

The Consultative Assembly is the deliberative organ of the Council of Europe. It shall debate matters within its competence under this Statute and present its conclusions, in the form of recommendations, to the Committee of Ministers.

Article 23²

1. The Consultative Assembly may discuss and make recommendations upon any matter within the aim and scope of the Council of Europe as defined in Chapter I. It shall also discuss and may make recommendations upon any matter referred to it by the Committee of Ministers with a request for its opinion.
2. The Assembly shall draw up its agenda in accordance with the provisions of paragraph a above. In so doing, it shall have regard to the work of other European intergovernmental organisations to which some or all of the members of the Council are parties.
3. The President of the Assembly shall decide, in case of doubt, whether any question raised in the course of the session is within the agenda of the Assembly.

Article 24

The Consultative Assembly may, with due regard to the provisions of Article 38.d, establish committees or commissions to consider and report to it any matter which falls within its competence under Article 23, to examine and prepare questions on its agenda and to advise on all matters of procedure.

Article 25³

1. The Consultative Assembly shall consist of representatives of each member, elected by its parliament from among the members thereof, or appointed from among the members of that parliament, in such manner as it shall decide, subject, however, to the right of each member government to make any additional appointments necessary when the parliament is not in session and has not laid down the procedure to be followed in that case. Each representative must be a national of the member whom he represents, but shall not at the same time be a member of the Committee of Ministers.
   The term of office of representatives thus appointed will date from the opening of the ordinary session following their appointment; it will expire at the opening of the next ordinary session or of a later ordinary session, except that, in the event of elections to their parliaments having taken place, members shall be entitled to make new appointments.
   If a member fills vacancies due to death or resignation, or proceeds to make new appointments as a result of elections to its parliament, the term of office of the new representatives shall date from the first sitting of the Assembly following their appointment.
2. No representative shall be deprived of his position as such during a session of the Assembly without the agreement of the Assembly.
3. Each representative may have a substitute who may, in the absence of the representative, sit, speak and vote in his place. The provisions of paragraph a above apply to the appointment of substitutes.

Article 26⁴

Members shall be entitled to the number of representatives given below:

Article 27²

The conditions under which the Committee of Ministers collectively may be represented in the debates of the Consultative Assembly, or individual representatives on the Committee or their alternates may address the Assembly, shall be determined by such rules of procedure on this subject as may be drawn up by the Committee after consultation with the Assembly.

Article 28

1. The Consultative Assembly shall adopt its rules of procedure and shall elect from members its President, who shall remain in office until the next ordinary session.
2. The President shall control the proceedings but shall not take part in the debate or vote. The substitute of the representative who is President may sit, speak and vote in his place.
3. The rules of procedure shall determine inter alia:
1. the quorum;
2. the manner of the election and terms of office of the President and other officers;
3. the manner in which the agenda shall be drawn up and be communicated to representatives;
4. the time and manner in which the names of representatives and their substitutes shall be notified.

Article 29

Subject to the provisions of Article 30, all resolutions of the Consultative Assembly, including resolutions:

1. embodying recommendations to the Committee of Ministers;
2. proposing to the Committee matters for discussion in the Assembly;
3. establishing committees or commissions;
4. determining the date of commencement of its sessions;
5. determining what majority is required for resolutions in cases not covered by sections i to iv above or determining cases of doubt as to what majority is required,

shall require a two-thirds majority of the representatives casting a vote.

Article 30

On matters relating to its internal procedure, which includes the election of officers, the nomination of persons to serve on committees and commissions and the adoption of rules of procedure, resolutions of the Consultative Assembly shall be carried by such majorities as the Assembly may determine in accordance with Article 29.v.

Article 31

Debates on proposals to be made to the Committee of Ministers that a matter should be placed on the agenda of the Consultative Assembly shall be confined to an indication of the proposed subject-matter and the reasons for and against its inclusion in the agenda.

Article 32

The Consultative Assembly shall meet in ordinary session once a year, the date and duration of which shall be determined by the Assembly so as to avoid as far as possible overlapping with parliamentary sessions of members and with sessions of the General Assembly of the United Nations. In no circumstances shall the duration of an ordinary session exceed one month unless both the Assembly and the Committee of Ministers concur.

Article 33

Ordinary sessions of the Consultative Assembly shall be held at the seat of the Council unless both the Assembly and the Committee of Ministers concur that the session should be held elsewhere.

Article 34²

The Consultative Assembly may be convened in extraordinary session, upon the initiative either of the Committee of Ministers or of the President of the Assembly after agreement between them, such agreement also to determine the date and place of the session.

Article 35

Unless the Consultative Assembly decides otherwise, its debates shall be conducted in public.

Article 36

1. The Secretariat shall consist of a Secretary General, a Deputy Secretary General and such other staff as may be required.
2. The Secretary General and Deputy Secretary General shall be appointed by the Consultative Assembly on the recommendation of the Committee of Ministers.
3. The remaining staff of the Secretariat shall be appointed by the Secretary General, in accordance with the administrative regulations.
4. No member of the Secretariat shall hold any salaried office from any government or be a member of the Consultative Assembly or of any national legislature or engage in any occupation incompatible with his duties.
5. Every member of the staff of the Secretariat shall make a solemn declaration affirming that his duty is to the Council of Europe and that he will perform his duties conscientiously, uninfluenced by any national considerations, and that he will not seek or receive instructions in connexion with the performance of his duties from any government or any authority external to the Council and will refrain from any action which might reflect on his position as an international official responsible only to the Council. In the case of the Secretary General and the Deputy Secretary General this declaration shall be made before the Committee, and in the case of all other members of the staff, before the Secretary General.
6. Every member shall respect the exclusively international character of the responsibilities of the Secretary General and the staff of the Secretariat and not seek to influence them in the discharge of their responsibilities.

Article 37

1. The Secretariat shall be located at the seat of the Council.
2. The Secretary General is responsible to the Committee of Ministers for the work of the Secretariat. Amongst other things, he shall, subject to Article 38.d, provide such secretariat and other assistance as the Consultative Assembly may require.

Article 38⁵

1. Each member shall bear the expenses of its own representation in the Committee of Ministers and in the Consultative Assembly.
2. The expenses of the Secretariat and all other common expenses shall be shared between all members in such proportions as shall be determined by the Committee on the basis of the population of members.
   The contributions of an associate member shall be determined by the Committee.
3. In accordance with the financial regulations, the budget of the Council shall be submitted annually by the Secretary General for adoption by the Committee.
4. The Secretary General shall refer to the Committee requests from the Assembly which involve expenditure exceeding the amount already allocated in the budget for the Assembly and its activities.
5. The Secretary General shall also submit to the Committee of Ministers an estimate of the expenditure to which the implementation of each of the recommendations presented to the Committee would give rise. Any resolution the implementation of which requires additional expenditure shall not be considered as adopted by the Committee of Ministers unless the Committee has also approved the corresponding estimates for such additional expenditure.

Article 39

The Secretary General shall each year notify the government of each member of the amount of its contribution, and each member shall pay to the Secretary General the amount of its contribution, which shall be deemed to be due on the date of its notification, not later than six months after that date.

Article 40

1. The Council of Europe, representatives of members and the Secretariat shall enjoy in the territories of its members such privileges and immunities as are reasonably necessary for the fulfilment of their functions. These immunities shall include immunity for all representatives to the Consultative Assembly from arrest and all legal proceedings in the territories of all members, in respect of words spoken and votes cast in the debates of the Assembly or its committees or commissions.
2. The members undertake as soon as possible to enter into agreement for the purpose of fulfilling the provisions of paragraph a above. For this purpose the Committee of Ministers shall recommend to the governments of members the acceptance of an agreement defining the privileges and immunities to be granted in the territories of all members. In addition, a special agreement shall be concluded with the Government of the French Republic defining the privileges and immunities which the Council shall enjoy at its seat.

Article 41

1. Proposals for the amendment of this Statute may be made in the Committee of Ministers or, in the conditions provided for in Article 23, in the Consultative Assembly.
2. The Committee shall recommend and cause to be embodied in a protocol those amendments which it considers to be desirable.
3. An amending protocol shall come into force when it has been signed and ratified on behalf of two-thirds of the members.
4. Notwithstanding the provisions of the preceding paragraphs of this article, amendments to Articles 23 to 35, 38 and 39 which have been approved by the Committee and by the Assembly shall come into force on the date of the certificate of the Secretary General, transmitted to the governments of members, certifying that they have been so approved. This paragraph shall not operate until the conclusion of the second ordinary session of the Assembly.

Article 42

1. This Statute shall be ratified. Ratifications shall be deposited with the Government of the United Kingdom of Great Britain and Northern Ireland.
2. The present Statute shall come into force as soon as seven instruments of ratification have been deposited. The Government of the United Kingdom shall transmit to all signatory governments a certificate declaring that the Statute has entered into force and giving the names of the members of the Council of Europe on that date.
3. Thereafter each other signatory shall become a Party to this Statute as from the date of the deposit of its instrument of ratification.
   In witness whereof the undersigned, being duly authorised thereto, have signed the present Statute.
   Done at London, this 5th day of May 1949, in English and French, both texts being equally authentic, in a single copy which shall remain deposited in the archives of the Government of the United Kingdom which shall transmit certified copies to the other signatory governments.

(1)   In February 1994 the Committee of Ministers decided to use in future the denomination "Parliamentary Assembly" in all Council of Europe documents.
(2)   As amended in May 1951.
(3)   First sentence of paragraph a, as amended in May 1951. The last two sub-paragraphs of paragraph a were added in May 1953; first sub-paragraph of paragraph a amended in October 1970.
(4)   As amended in December 1951, in May 1958, in November 1961, in May 1963, in May 1965, in February 1971, in December 1974, in October 1976, in January 1978, in November 1978, in November 1988, in May 1989, in November 1990, in November 1991, in May 1992, in May 1993, in June 1993, in October 1993, in November 1994, in February 1995, in November 1995, in February 1996, in November 1996, in April 1999, in January 2001, in May 2002, in April 2003, in October 2004, in June 2006 and in May 2007.
(5)   Paragraph e of Article 38 was added in May 1951.

Texts of a statutory character¹

adopted by the Committee of Ministers in the course of its 8th and 9th Sessions with a view to their ultimate inclusion in a revised Statute

¹This edition of the "Texts of a statutory character" incorporates the verbal emendations with a view to a precise concordance of the French and English versions which were approved at the 40th meeting of the Ministers' Deputies (8-16 June 1956).

No. (93) 26  on observer status
No. (93) 27  on majorities required for decisions of the Committee of Ministers
No. (93) 28  on partial and enlarged agreements
CM/Res (2007) 6   relating to the Congress of Local and Regional Authorities of the Council of Europe
Appendix: Charter of the Congress of Local and Regional Authorities of the Council of Europe

The Council of Europe and the Government of the French Republic,

Desiring to conclude an agreement in fulfilment of Articles 11 and 40, paragraph b, of the Statute of the Council of Europe;

Having regard to the General Agreement on Privileges and Immunities signed between the member States of the Council of Europe on September 2nd 1949, at Paris,

Have appointed as their representatives,

The Council of Europe:

Mr J.-C. PARIS, Secretary General

and

The Government of the French Republic:

Mr R. SCHUMAN, Minister for Foreign Affairs,

who have agreed as follows:

Article 1

Except as otherwise provided in this Agreement or in the General Agreement on Privileges and Immunities, French law shall apply within the premises and buildings of the Council of Europe at its seat.

Article 2

The Council of Europe may issue regulations applicable within its building and premises for the purpose of the fulfilment of its objects.

Article 3

The buildings and premises of the Council are inviolable. French police or officials shall not enter the said buildings and premises in the exercise of their duties except with the consent of, and in the conditions agreed by, the Secretary General.

Without prejudice to the provisions of the General Agreement on Privileges and Immunities, the Council shall ensure that the buildings and premises of the Council shall not become the refuge either of persons attempting to evade arrest under a warrant issued by the French authorities or of persons seeking to avoid the execution of the legal process.

Article 4

The Council may expel from, or exclude from entry into, its buildings and premises any person, either for violation of regulations adopted under Article 2, or for any other reason.

Article 5

The French authorities shall not interfere with the access to the seat of the Council of:

a.   representatives of members on the Committee or in the Assembly or officials of the Council or the families of these persons;

b.   experts carrying out missions on behalf of the Council;

c.   representatives of the press, radio, cinema and all other information services who are properly accredited and provided with valid travel documents recognised by the Council in agreement with the French Government; or

d.   other persons invited by the Council to assist its work.

Article 6

Such visas as may be necessary for the journeys of the persons mentioned in Article 5 shall be granted as quickly as possible.

The provisions of Article 5 shall not prevent the application of the French regulations regarding the residence of aliens to any of the persons mentioned in the said article who have abused the privileges provided for by that article by engaging in French territory in undesirable activities unconnected with their official duties or, in the case of the persons referred to in paragraph c of that article, have committed acts incompatible with the loyalty which they owe to the Council to which they are accredited or with the code of honour of the profession to which they belong.

Article 7

The competent French authorities shall station outside the buildings and premises of the Council of Europe sufficient police for their protection.

On the request of the Secretary General, the competent French authorities shall furnish sufficient police to maintain order inside these buildings and premises in accordance with the requirements of the Secretary General.

Article 8

For the purpose of facilitating the application of the provisions of this Agreement the Secretary General may conclude detailed agreements direct with the competent French authorities.

Article 9

The Council of Europe shall be responsible for any damage to the buildings and furniture placed temporarily at its disposal by the French Government.

Article 10

In the present Agreement the expression “buildings and premises” includes the buildings and the grounds, courtyards and gardens attached thereto which are used by the Council, whether the Council is the owner or tenant thereof or occupies them without payment.

Article 11

The present Agreement shall be brought into force by an exchange of notes between the Secretary General, duly authorised thereto by a resolution of the Committee of Ministers, and a representative of the French Government, duly empowered for this purpose. Certified copies of this exchange of notes shall be transmitted to members.

In witness whereof the respective representatives have signed the present Agreement.

Done at Paris, this 2nd day of September 1949.

For the Government of the French Republic:
R. SCHUMAN

For the Council of Europe:
J.-C. PARIS

Article 1

The Congress of Local and Regional Authorities of the Council of Europe is a consultative organ composed of representatives of local and regional authorities of the member states of the Council of Europe. Its objectives are set out in Article 2 of Statutory Resolution CM/Res(2007)6 relating to the Congress of Local and Regional Authorities of the Council of Europe.

Article 2

1. The Congress shall be composed of representatives of local and regional bodies who either hold a general local or regional authority mandate resulting from direct elections or are politically accountable to a directly elected assembly, on the condition that they can be individually dismissed by, or following the decision of the aforementioned assembly and that dismissal is provided for by law.

2. The membership of each member state's delegation to the Congress shall be such as to ensure:

a. a balanced geographical distribution of representatives from the member state's territory;

b. equitable representation of the various types of local and regional authorities in the member state;

c. equitable representation of the various political forces in the statutory bodies of local and regional authorities in the member state;

d. equitable representation of women and men on the statutory bodies of local and regional authorities in the member state, meaning that all delegations must include, as from 2008, representatives of both sexes with a minimum participation of at least 30% of the under-represented sex.

3. Each member state shall have the right to the same number of seats in the Congress as it has in the Parliamentary Assembly. Each member state sends a number of substitutes equal to the number of representatives it sends. Substitutes shall be members of the Chambers in the same capacity as representatives.

4. With regard to the Chamber of Regions, representatives must be from authorities placed between central government and local authorities and enjoying prerogatives either of self-organisation or of a type normally associated with the central authority and having a genuine competence to manage, on their own responsibility and in the interests of their populations, a substantial share of public affairs, in accordance with the principle of subsidiarity. If a country has authorities which cover a large area and exercise both local and regional responsibilities, representatives of such authorities shall also be entitled to sit in the Chamber of Regions. A list of these authorities shall be provided in the context of the national appointment procedure. Member states which do not have regional authorities within the meaning of this paragraph shall be able to send members to the Chamber of Regions and its organs in an advisory capacity. The list of these countries shall be determined by the Bureau of the Congress on the proposal of the Institutional Committee of the Congress, following consultation of the national delegations.

5. The rules and procedures governing the choice of representatives to the Congress shall also apply to Substitutes.

6. Representatives and substitutes shall be appointed for a period of two years. In the event of the death or resignation of a representative or substitute, or of loss of the mandate referred to in paragraph 1 above, a replacement shall be chosen, in accordance with the same rules and procedure, for the remainder of his or her predecessor's mandate. A representative or substitute who has lost his or her mandate, referred to in paragraph 1 may not remain a member of the Congress for more than six months after the loss of his or her mandate. In addition, the composition of national delegations must be amended at the latest one month prior to the next plenary session to take account of the altered political situation following local and/or regional elections concerning a substantial proportion of the local or regional authorities of that member state. The new delegation should, in this event, also comply with the aforementioned criteria.

Article 3

1. Representatives and substitutes to the Congress shall be appointed by an official procedure specific to each member state. In particular, it shall provide for consultation in each member state of the relevant associations and/or institutional bodies and shall specify the principles to be adhered to in apportioning representatives in the two Chambers. Each government shall inform the Secretary General of the Council of Europe of this procedure. Such a procedure shall be approved by the Congress in conformity with the principles contained in its Rules of Procedure.

2. Each member state, when notifying the Secretary General of the Council of Europe of the composition of its delegation, shall indicate those representatives and substitutes who will be members of the Chamber of Local Authorities and those who will be members of the Chamber of Regions. Each state shall appoint the same number of members to each Chamber. Countries having regions within the meaning of paragraph 4 of Article 2 of the Charter must appoint as far as possible the same number of representatives to the Chamber of Regions as to the Chamber of Local Authorities, or as close as possible a number in case of national delegations with an odd number of representatives.

Article 4

1. Whenever representatives and substitutes have been appointed, the Bureau shall check their credentials. Its conclusions shall be put to the vote in the Congress during sessions and in the Standing Committee between sessions.

2. In case a national delegation does not comply with Article 2.2 of the Charter, its members will only be able to sit in the Congress without any right to vote or reimbursement of expenses.

3. A representative or substitute whose credentials are not ratified shall not be considered a member of the Congress and may not therefore normally receive allowances for attending Congress meetings.

Article 5

1. International associations of local and regional authorities which have participatory status with the Council of Europe shall have observer status with the Congress. Other organisations may, on request, obtain observer status with the Congress, if its Standing Committee so decides, or with one of its Chambers under the latter's Rules of Procedure.

2. The Congress may, on request, grant Special Guest status to delegations from local and regional authorities in European non-member states which have such status with the Parliamentary Assembly of the Council of Europe. The Bureau of the Congress shall assign to each Special Guest state the same number of seats as it has in the Parliamentary Assembly. The appointment of Special Guest delegations shall be based on the same criteria set out in Articles 2 and 3.

3. Observers and members of the delegations mentioned in paragraph 2 shall take part in the proceedings of the Congress and of its Chambers, with the right to speak, subject to the President's consent, but not to vote. The other conditions of their participation in the Standing Committee, Statutory Committees and in working groups shall be laid down in the Rules of Procedure of the Congress.

Article 6

1. The Congress shall meet in ordinary session at least once a year. Ordinary sessions shall be held at the Council of Europe's headquarters, unless otherwise decided, by common consent, by the Congress or its Standing Committee and the Committee of Ministers. Sessions of the Congress and its Chambers shall be public.

2. The sessions of each of the two Chambers shall be held either immediately before and/or after the session of the Congress. On the proposal of the Bureau of the Congress, either Chamber may hold other sessions.

3. The political groups of the Congress shall meet on the occasion of ordinary sessions and Standing Committee meetings.

Article 7

1. Within the framework of the Congress, work is also organised in the two Chambers: the Chamber of Local Authorities and the Chamber of Regions. Each Chamber has at its disposal a number of seats equal to that of the Congress itself.

2. Each Chamber shall appoint its Bureau which shall be composed of the President of the Chamber and seven Vice-Presidents, respecting as far as possible a fair geographical distribution among member states. No member state shall have more than one representative on the Bureau of either Chamber.

Article 8

1. The Standing Committee shall act on behalf of the Congress between sessions. In particular, it shall adopt reports, and organise debates and hearings in accordance with the objectives of the Congress.

2. The Standing Committee shall consist of two representatives from each national delegation. Members of the Bureau of the Congress shall be included among those representatives. States which are represented in only one Chamber shall have only one seat on the Standing Committee.

Article 9

1. The Bureau of the Congress is composed of the Bureaux of the Chambers plus the President of the Congress, and shall be responsible, in the period between the sessions of the Standing Committee and the Congress, for ensuring the continuity of the Congress’s work.<

2. The Bureau shall also be responsible for the preparation of the plenary session of the Congress, the co-ordination of the work of the two Chambers, in particular the distribution of questions between the two Chambers, the co-ordination of the work of the statutory committees and of the ad hoc working groups, preparation of the budget and the balanced allocation of budgetary resources between the Congress and the two Chambers. As regards the distribution of questions, no question may be considered in both Chambers. Any matter in which both Chambers would have an interest shall be considered in the Congress.

3. The Bureau of the Congress shall be presided over by the President of the Congress.

Article 10

1. When a question falls within the competence of the two Chambers, the Bureau of the Congress may, in exceptional cases, set up an ad hoc working group common to both Chambers.

2. After the distribution of questions between the two Chambers and the statutory committees in accordance with Article 9, the Bureau of the Chamber competent to deal with a question may, in exceptional cases, set up an ad hoc working group with a limited number of members empowered with specific terms of reference (preparation of reports, organisation of conferences, follow-up to co-operation projects or to specific intergovernmental activities of the Council of Europe).

3. Organisation of the work of ad hoc working groups shall be governed by the Rules of Procedure.

4. The Congress and its two Chambers may, in accordance with the provisions to be set out in their Rules of Procedure, consult and work with representatives of international associations of local and regional authorities mentioned in Article 5 as well as national associations of local and regional authorities involved in the process of appointing national delegations. As a general rule, the cost of participation shall be borne by such organisations or associations.

Article 11

1. All the recommendations and opinions to be addressed to the Committee of Ministers and/or the Parliamentary Assembly as well as the resolutions addressed to the local and regional authorities as a whole shall be adopted by the Congress at its plenary session or by the Standing Committee.

2. However, when a question is considered by the Bureau of the Congress as falling exclusively within the competence of a Chamber:

a. the recommendations and opinions relating to such questions which are addressed to the Committee of Ministers, and/or to the Parliamentary Assembly shall be adopted either by the Congress or by the Standing Committee between ordinary sessions, but without any consideration of the substance of the matter. In exceptional cases, the Bureau of the Congress may authorise the other Chamber to formulate an opinion on these draft texts;

b. the resolutions relating to the question and which are addressed to the authorities that the Chamber represents shall be adopted either by the Congress or by the Standing Committee between ordinary sessions, without consideration of the substance of the matter.

Article 12

The conditions under which the Committee of Ministers and the Parliamentary Assembly may be collectively represented in the debates of the Congress or of the Chambers and those under which their Representatives may, in an individual capacity, speak therein shall be drawn up by the Committee of Ministers after consultation with the Congress and inserted in the Rules of Procedure of the latter.

Article 13

1. The Congress adopts its own Rules of Procedure which also concerns the Chambers. In particular, each set of rules shall provide for:

a. the modalities for assessing compliance with the criteria of Article 2.2 of the Charter;

b. questions concerning the right to vote and the majorities required, it being understood that the recommendations and opinions addressed to the Committee of Ministers and the Parliamentary Assembly, and also recommendations addressed to a country following observation of local or regional elections, shall be adopted by a majority of two-thirds of the votes cast;

c. the procedure for the election of the President of the Congress and the President and Vice-presidents of each Chamber;

d. the procedure for the establishment of the agenda and its transmission to members;

e. the organisation of the work of the statutory committees and of the ad hoc working groups.

2. Moreover, the rules of the Congress shall provide for the time-limit and method of notification of the names of Representatives and their Substitutes and the procedure for the examination of their credentials, by taking into account in particular Articles 2, 3 and 7 of the present Charter.

Article 14

1. The Congress shall elect its president from the members, who are representatives, of each Chamber on an alternating basis. The President shall remain in office for two years.

2. Each Chamber of the Congress shall elect from among its members a president who shall remain in office for two years.

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 of 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 communicates his or her intentions and the reasons for his or her choice.

Article 16

1. The Committee of Ministers shall adopt the budget of the Congress, as part of the Ordinary Budget of the Council of Europe.

2. This budget shall be designed, in particular, to cover the expenditure occasioned by the Congress sessions, by the meetings of the two Chambers and Congress organs, and by all other clearly identifiable expenditure linked to the activities of the Congress. For plenary sessions, only the participation costs of representatives shall be defrayed by this budget.

3. The budget of the Congress shall constitute a specific vote of the Council of Europe budget.

4. The Congress shall inform the Secretary General of the Council of Europe and the Committee of Ministers of its budgetary needs. Its requests shall be examined in the general context of the draft budget presented by the Secretary General of the Council of Europe.

5. The rates and methods of calculating Congress members’ per diem allowances shall be subject to a specific decision by the Committee of Ministers.

6. The budget of the Congress (apart from the remuneration of permanent staff and the amounts allocated to political groups) shall constitute a package which the Bureau of the Congress will be responsible for managing. However, the Bureau shall abide by the financial regulations of the Council of Europe and see to it that the necessary funds are earmarked for the functioning of the statutory bodies of the Congress and of the two Chambers. It may not exceed the limit of the overall budgetary provision allocated to the Congress.

The Committee of Ministers, under the terms of Articles 15.a and 16 of the Statute of the Council of Europe,

Having regard to Statutory Resolution (94) 3 relating to the setting up of the Congress of Local and Regional Authorities of Europe;

Having regard to the Statutory Resolution (2000) 1 relating to the Congress of Local and Regional Authorities of Europe;

Having regard to Congress Recommendation 162 (2005) on the revision of the Charter of the Congress of Local and Regional Authorities of the Council of Europe;

Considering that one of the bases of a democratic society is the existence of a solid and effective local and regional democracy in conformity with the principle of subsidiarity included in the European Charter of Local Self-Government whereby public responsibilities shall be exercised, in preference, by those authorities which are closest to the citizens, having regard to the extent and nature of the public tasks and the requirements of efficiency and economy;

Bearing in mind that the creation of a consultative organ genuinely representing both local and regional authorities in Europe was approved in principle by the Heads of State and Government of the Council of Europe at the Vienna Summit;

Having regard to the conclusions of the Warsaw Summit deciding to “pursue, in partnership with the Parliamentary Assembly and the Congress of Local and Regional Authorities of the Council of Europe, intergovernmental co-operation on democracy and good governance at all levels” and stating that “the Congress of Local and Regional Authorities of the Council of Europe must continue to promote local democracy and decentralisation, taking into account the internal organisation of the countries concerned, so as to reach all levels of European society”;

Wishing to enhance and develop the role of local and regional authorities within the institutional structure of the Council of Europe;

Considering that the provisions hereinafter set out are not inconsistent with the Statute of the Council of Europe,

Resolves as follows:

Article 1

The Congress of Local and Regional Authorities of the Council of Europe (hereinafter referred to as the Congress) is a consultative organ composed of representatives of local and regional authorities. Its membership and functions are regulated by the present articles, by the Charter adopted by the Committee of Ministers and by the Rules of Procedure adopted by the Congress.

Article 2

1. The Congress, in addition to its consultative functions, furthermore undertakes activities the aims of which shall be:

a. to ensure the participation of local and regional authorities in the implementation of the ideal of European unity, as defined in Article 1 of the Statute of the Council of Europe, as well as their representation and active involvement in the Council of Europe's work;

b. to submit proposals to the Committee of Ministers in order to promote local and regional democracy;

c. to promote co-operation between local and regional authorities;

d. to maintain, within the sphere of its responsibilities, contact with international organisations as part of the general external relations policy of the Council of Europe;

e. to work in close co-operation, on the one hand with the national, democratic associations of local and regional authorities, and, on the other hand, with the European organisations representing local and regional authorities of the member States of the Council of Europe, and notably with the Committee of the Regions of the European Union.

2. The Committee of Ministers and the Parliamentary Assembly shall consult the Congress on issues which are likely to affect the responsibilities and essential interests of the local and/or regional authorities which the Congress represents.

3. The Congress shall prepare on a regular basis country-by-country reports on the situation of local and regional democracy in all member States and in States which have applied to join the Council of Europe, and shall ensure, in particular, that the principles of the European Charter of Local Self-Government are implemented.

4. The Congress shall also prepare reports and recommendations following the observation of local and/or regional elections.

5. Recommendations and opinions of the Congress shall be sent as appropriate to the Parliamentary Assembly and/or the Committee of Ministers as well as to European and international organisations and institutions. Resolutions and other adopted texts which do not entail possible action by the Assembly and/or the Committee of Ministers shall be transmitted to them for their information.

Article 3

1. The Congress shall be composed of Representatives of local or regional authorities, in conformity with Article 2.1 of the Congress Charter. Delegates shall be appointed according to the criteria and procedure established in the Charter, which will be adopted by the Committee of Ministers, each State ensuring in particular an equitable representation of its various types of local and regional authorities.

2. Each member State shall have the right to the same number of seats in the Congress as it has in the Parliamentary Assembly. Each member State may send a number of substitutes equal to the number of representatives appointed according to the same criteria and procedure.

3. Representatives and substitutes shall be appointed for a period of two years and shall maintain their functions until the opening of the following session, except in cases referred to in Article 2.6 of the Charter.

Article 4

1. The Congress shall meet in ordinary session at least once a year. Ordinary sessions shall be held at the seat of the Council of Europe unless the Congress and the Committee of Ministers decide by common consent that the session should be held elsewhere.

2. The Congress is composed of two Chambers: the Chamber of Local Authorities which represents local authorities and the Chamber of Regions which represents regional authorities. Within the limits of available resources allocated to it and considering the priorities of the Council of Europe, the Congress shall undertake its activities and may set up the following bodies: a Bureau, a Standing Committee, statutory committees and ad hoc working groups, which are necessary to perform its tasks. The Congress will inform the Committee of Ministers on the setting up of its committees. The Bureau, Standing Committee and statutory committees may meet in Chamber only during the plenary meetings of these bodies, and any matter considered by a statutory committee meeting in Chamber may not be considered by the plenary meeting of that committee.

Article 5

The number of seats in the statutory committees will be set by the Congress in its Rules of Procedure, in such a way as to guarantee the principle according to which each Congress member has the right to at least one seat on a committee, including the Standing Committee. However, a member cannot have more than one titular seat.

Article 6

1. The current text replaces Statutory Resolution (2000) 1 relating to the Congress of Local and Regional Authorities of Europe adopted by the Committee of Ministers on 15 March 2000, at the 702nd meeting of the Ministers' Deputies.

2. The text of the Charter of the Congress appended to the current Statutory Resolution replaces the text of the Charter adopted by the Committee of Ministers on 15 March 2000, at the 702nd meeting of the Ministers’ Deputies.

¹ The same day, the Committee of Ministers adopted the Charter of the Congress of Local and Regional Authorities of Europe set out in the appendix to this resolution.back

Appendix to Statutory Resolution CM/Res(2007) 6

Charter of the Congress of Local and Regional Authorities of the Council of Europe