ReNEUAL - Collection of CoE Texts, Documents and their "Travaux Préparatoires" Referred to in the Project on Pan-European General Principles of Good Administration

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Collection of CoE Texts, Documents and their "Travaux Préparatoires" referred to in the Project on the Pan-European General Principles of Good Administration

(compiled by Ulrich Stelkens)

I. General Sources of the CoE on the Rule of Law, Democracy, Human Rights, and Good Administration

II. Council of Europe Conventions and Recommendations and Resolutions of the Committee of Ministers to Member States on Good Administration and Judicial Review in Administrative Matters and Related Documents of other CoE Institutions

I. General Sources of the CoE on the Rule of Law, Democracy, Human Rights, and Good Administration

In chronological order:

CoE (ed.), The administration and you (1st edition 1996/1997)

For the genesis of this book cf. M. Niemvuo, 'Good Administration and the Council of Europe', (2008) 14 EPL, pp. 545 - 563 (pp. 551 - 554).

The Council of Europe and rule of law – an overview (CM(2008)170) of 21. November 2008 (Report of the Secretary General of the CoE at the request of the Minister's Deputies Rapporteur Group on Legal Cooperation (GR-J)

This document goes back to a Communiqué of the Committee of Ministers (118th Session - CM(2008)47-final) of 8 May 2008 and was endorsed by Resolution N°3 on Council of Europe action to promote the rule of law of 29. Council of Europe Conference of Ministers of Justice, Tromsø (Norway) (MJU-29(2009)RESOL. 3 E) of 19 June 2009

Venice Commission, Report on the Rule of Law (CDL-AD(2011)003rev9) of 4 April 2009

Venice Commission, Rule of Law Checklist (CDL-AD(2016)007) of 18 March 2016

This document was endorsed by the „Ministers’ Deputies “ at the 1263th Meeting (6-7 September 2016), by Resolution 408 (2016) of the Congress of Local and Regional Authorities of the Council of Europe at its 31st Session (19-21 October 2016) and by Resolution 2187 (2017) of the Parliamentary Assembly on 11 October 2017

Compendium of the most relevant Council of Europe texts in the area of democracy (CDDG(2016)Compendium) of 30 June 2016

CoE (ed.), The administration and you (2nd edition 2018)

European Union Agency of Fundamental Rights and Council of Europe (ed.), Handbook on European data protection law (2018 edition)

Venice Commission, Collection of compilations of studies and opinions of the Venice Commission

ECtHR, Case Law Guides by theme and article of the ECHR, presenting the key judgments of the ECtHR. These reviews of the case-law are regularly updated.

In chronological order:

1. Resolution (74)29 on the protection of the privacy of individuals vis-à-vis electronic data banks in the public sector

Explanatory report (drafted by the European Committee on Legal Cooperation)

Resolution (74)29 was initiated by Recommendation 509(1968) of the Parliamentary Assembly on Human Rights and modern scientific and technological developments

The report recommended in 8.1. of the PACE Recommendation 509(1968) was published in 1973, cf. Report of the Committee of Experts on Human Rights to the Committee of Ministers on the Right to Privacy (DH (73) of 17) of 8 May 1973
Resolution (74)29 is one of the percursors of the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (ETS No. 108)

2. Resolution (76)5 on legal aid in civil, commercial and administrative matters

Explanatory memorandum (reproduced in CoE (ed.), The administration and you (1st edition 1996/1997), pp. 332 ff.)

3. Resolution (77)31 on the protection of the individual in relation to acts of administrative authorities

Explanatory memorandum (p. 12 ff. of the Final Activity Report of the CDCJ on Protection of the individual in relation to the acts of administrative authorities (CM(77)173-add2)
Resolution (77)31 was prepared by a 'pilot study': CoE, Protection of the individual in relation to acts of administrative authorities - An analytical survey of the rights of the individual in the administrative procedure and its remedies against administrative acts (1975)

On the genesis and the content of Resolution (77)31 see furthermore

- P . Leuprecht, 'The contribution of the Council of Europe to reinforcing the position of the individual in administrative proceedings' in Secretariat General of the Council of Europe in co-operation with the Spanish 'Defensor del pueblo' (eds.), Round Table with European Ombudsmen (H/Omb (85) 5) (1985), pp. 1 - 9
- M. Morisot, 'La Résolution N° 77 (31) du Conseil de l’Europe sur la protection de l’individu au regard des actes de l’administration' in Conseil d’État (ed.), Études et documents N° 30 (1978 – 1979) (1979), pp. 43 – 54

4. European Convention on the Service Abroad of Documents relating to Administrative Matters (ETS No. 094)

Opening for signature: 24 November 1977

Entry into force: 1 November 1982

The convention is signed by 13 and ratified by 9 Member States of the CoE

Explanatory Report

The convention was preceded by the 2nd Colloquy on European Law in Aarhus (30 June –2 July 1971) organised by the CoE. Its proceedings are published in CoE (ed.), International Mutual Assistance in Administrative Matters (1971). An extended version of the report of Edwin Loebenstein prepared for this Colloquy is published as E. Loebenstein, International Mutual Assistance in Administrative Matters - Österreichische Zeitschrift für öffentliches Recht/Supplementum 2 (1972), 93 p.

The convention goes back to a proposal of the Ad Hoc Committee on Legal Co-Operation to the Committee of Ministers (Chapter 1 No. 6 of the Appendix to Resolution (63) 29 of the Committee of Ministers - Legal Programme of the Council of Europe)

5. Resolution No. (78)8 on legal aid and advice

Explanatory memorandum (reproduced in CoE (ed.), The administration and you (1st edition 1996/1997), pp. 346 ff.).

6. European Convention on the Obtaining Abroad of Information and Evidence in Administrative Matters (ETS No. 100)

Opening for signature: 15 March 1978

Entry into force: 1 January 1983

The convention is signed by 9 and ratified by 6 Member States of the CoE

Explanatory Report

The convention was preceded by the 2nd Colloquy on European Law in Aarhus (30 June –2 July 1971) organised by the CoE. Its proceedings are published in CoE (ed.), International Mutual Assistance in Administrative Matters (1971). An extended version of the report of Edwin Loebenstein prepared for this Colloquy is published as E. Loebenstein, International Mutual Assistance in Administrative Matters - Österreichische Zeitschrift für öffentliches Recht/Supplementum 2 (1972), 93 p.

The convention goes back to a proposal of the Ad Hoc Committee on Legal Co-Operation to the Committee of Ministers (Chapter 1 No. 6 of the Appendix to Resolution (63) 29 of the Committee of Ministers - Legal Programme of the Council of Europe)

7. Recommendation No R(80)2 of the Committee of Ministers to member states concerning the exercise of discretionary powers by administrative authorities

Explanatory memorandum (pp. 11 ff. of the Final Activity Report of the CDCJ on Exercise of discretionary powers by administrative authorities (CM(77)173-add2)

On this recommendation see furthermore P . Leuprecht, 'The contribution of the Council of Europe to reinforcing the position of the individual in administrative proceedings' in Secretariat General of the Council of Europe in co-operation with the Spanish ‘Defensor del pueblo’ (eds.), Round Table with European Ombudsmen (H/Omb (85) 5) (1985), pp. 1 - 9 (pp. 7 ff.).

8. European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities (ETS No. 106)

Opening for signature: 22 May 1980

Entry into force: 22 December 1981

The convention is signed by 41 and ratified by 38 Member States of the CoE

Explanatory Report

There are three additional protocols to this convention (ETS No. 159 (ratified by 23 CoE Member States), ETS No. 169 (ratified by 22 CoE Member States), and CETS No. 206 (ratified by 7 CoE Member States)).

9. Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (ETS No. 108)

Opening for signature: 28 January 1981

Entry into force: 1 October 1985

The 'Convention 108' is signed and ratified by all 46 Member States of the CoE

Explanatory Report

'Convention 108' was, inter alia preceded by the Resolution (74)29 on the protection of the privacy of individuals vis-à-vis electronic data banks in the public sector

New challenges for data protection were discussed at the "14th Colloquy on European Law" in Lisbon (26–28 September 1984) organised by the CoE. Its proceedings are published in CoE (ed.), Beyond 1984: The Law and Information Technology in Tomorrow's Society (1985).

'Convention 108' is to be amended by the Protocol amending the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (CETS No. 223)

10. Recommendation No. R. (81)7 of the Committee of Ministers to member states on measures facilitating access to justice

Explanatory memorandum (reproduced in CoE (ed.), The administration and you (1st edition 1996/1997), pp. 375 ff.)

11. Recommendation No. R 81(18) of the Committee of Ministers to member states on the participation of citizens in local public life

There seems to be no Explanatory memorandum to this recommendation

Recommendation No. R 81(18) was 'replaced' by Recommendation Rec(2001)19 of the Committee of Ministers to member states on the participation of citizens in local public life which, for its part has been 'replaced' by Recommendation CM/Rec(2018)4 of the Committee of Ministers to member states on the participation of citizens in public life at local level

12. Recommendation No. R (81)19 of the Committee of Ministers to member states on the access to information held by public authorities

Explanatory report (reproduced in CoE (ed.), The administration and you (1st edition 1996/1997), pp. 396 ff.)

Recommendation No. R (81)19 was preceded by Recommendation 854 (1979) of the Parliamentary Assembly on access by the public to government records and freedom of information

Recommendation No. R (81)19 was preceded by a "Colloquy on European Law" in Graz (21–23 September 1976) organised by the CoE. Its proceedings are published in CoE (ed.), Proceedings of the Colloquy of the Council of Europe on Freedom of Information and the Duty for the Public Authorities to Make Available Information organised by the Committee of Experts on Human Rights in Collaboration with the Faculty of Law of the Univeritsy of Graz (1977)
Recommendation No. R (81)19 was "replaced" by Recommendation Rec(2002)2 on of the Committee of Ministers to member states access to official documents

13. Recommendation No. R (84)2 of the of the Committee of Ministers to member state on the European Regional/Spatial Planning Charter (Torremolinos Charter)

There seems to be no Explanatory memorandum to this recommendation
Recommendation No. R (84)2 was initated by the Council of Europe Conference of Ministers responsible for Spatial/Regional Planning (CEMAT); for the subjects and the resolutions of the 17 CEMAT Conferences click here

14. Recommendation No. R (84)15 of the Committee of Ministers to member states relating to public liability

Explanatory memorandum (Appendix II (pp. 9 ff.) of the Final Activity Report of the CDCJ on Public Liability (CDCJ (84) 27) of 18 July 1984))
Recommendation No. R (84)15 was preceded by the "Ninth Colloquy on European Law" in Madrid (2–4 October 1979) organised by the CoE. Its proceedings are published in CoE (ed.), The Liability of the State and Regional and Local Authorities for Damage Caused by their Agents and Administrative Services (1981)

See furthermore, "Fifteenth Colloquy on European Law" in Bordeaux (17-19 June 1985) organised by the CoE. Its proceedings are published in CoE (ed.), Judicial Power and Public Liabilty for Judicial Acts (1986)

15. Recommendation No. R (85)13 of the Committee of Ministers to member states on the institution of the ombudsman

There seems to be no Explanatory memorandum to this recommendation
Recommendation No. R (85)13 was preceded by Assembly Recommendation 757 (1975) on the conclusions of the meeting of the Assembly’s Legal Affairs Committee with the ombudsmen and parliamentary commissioners in Council of Europe member states
The preambule of Recommendation No. R (85)13 refers to "Resolution No. 2 of the European Ministerial Conference on Human Rights on the role of the Council of Europe in the further realisation of human rights (Vienna, 19-20 March 1985)"

Recommendation No. R (85)13 was "replaced" by Recommendation CM/Rec(2019)6 of the Committee of Ministers to member states on the development of the Ombudsman institution

16. European Charter on Local Self-Government (ETS. No. 122)

Opening for signature: 15 September 1985

Entry into force: 1 September 1988

The Charter is signed and ratified by all 46 Member States of the CoE

Explanatory Memorandum

Monitoring reports of the Congress of Local and Regional Authorities

CLRAE, Comparative analysis on the implementation of the European Charter of Local Self-Government in 47 member States on the basis of the recommendations on local and regional democracy in member States adopted by the Congress (CG32(2017)22final) of 28 March 2017 (Rapporteurs X Cadoret and K. van Overmeire) for the discussion and the context of this report click here

CLRAE, Recurring issues based on assessments resulting from Congress monitoring and election observation missions (reference period 2010-2016) (CG32(2017)19final) of 28 March 2017 (Rapporteurs S. Dickson and L Verbeek) for the discussion and the context of this report click here

17. Recommendation No. (86)12 of the Committee of Ministers to member states concerning measures to prevent and reduce the excessive workload in the courts

Explanatory memorandum (reproduced in CoE (ed.), The administration and you (1st edition 1996/1997), pp. 418 ff.).

18. Recommendation No. R (87)16 of the Committee of Ministers to member states on administrative procedures affecting a large number of persons

Explanatory memorandum (pp. 11 ff. of the Final Activity Report of the CDCJ on Draft Recommendation on administrative procedures affecting a large number of persons (CM(87)153-add2)

Recommendation No. R (87) 16 was preceded by the "7th Colloquy on European Law" in Bari (3–5 October 1976) organised by the CoE. Its proceedings are published in CoE (ed.), Public participation in the preparation of legislative and administrative acts (1977)

19. Convention on Mutual Administrative Assistance in Tax Matters (ETS No. 127)

Opening for signature: 25 January 1988

Entry into force: 1 April 1995

The Charter is signed and ratified by all 46 Member States of the CoE (and 100 Non-CoE Member States)

Explanatory Memorandum

This Convention has been amended by the Protocol amending the Convention on Mutual Administrative Assistance in Tax Matters (CETS No. 208) of 2010 which has been ratified to date by 40 CoE Member States,

20. Recommendation R(89)8 of the Committee of Ministers to member states on provisional court protection in administrative matters

Explanatory memorandum (drafted by the CDCJ (pp. 72 ff. of the meeting report of the 51st meeting of the CDCJ (CM (89)128) of 7 July 1989)

21. Recommendation No R(91)1 of the Committee of Ministers to member states on administrative sanctions

Explanatory memorandum (drafted by the European Committee on Legal Co-operation (CDCJ) - 54th meeting (Strasbourg, 3 - 7 December 1990) - Meeting report, pp. 56 ff.)

22. Recommendation No.R (91)10 of the Committee of Ministers to member states on the communication to third parties of personal data held by public bodies

Explanatory memorandum

Recommendation No. R (91)10 was preceded by the "Seventeenth Colloquy on European Law" in Zaragoza (21–23 October 1987) organised by the CoE. Its proceedings are published in CoE (ed.), Secrecy and openness: individuals, enterprises and public administrations (1988)

23. Recommendation No. R (93)7 of the Committee of Ministers to member states on privatisation of public undertakings and activities

On the genesis of Recommendation No. R (93)7 cf. M. Niemvuo, 'Good Administration and the Council of Europe', (2008) 14 EPL, pp. 545 - 563 (pp. 549 - 551)
Explanatory memorandum (reproduced in CoE (ed.), The administration and you (1st edition 1996/1997), pp. 494 ff.)

Recommendation No. R(93)7 was preceded by the "XXIst Colloquy on European Law" in Budapest (15 – 17 October 1991) organised by the CoE. Its proceedings are published in CoE (ed.), Legal aspects of privatisation (1993).

See, furthermore, European Commission for Democracy through Law (ed.), Rule of law and transition to a market economy - Proceedings of the UniDem Seminar Organised in Sofia on 14-16 October 1993, in Co-operation with the New Bulgarian University and the University of Blagoevgrad, and Supported by the PHARE Programme of the European Communities (1994)

24. Recommendation No. R (94)12 of the Committee of Ministers to member states on the independence, efficiency and role of judges

Explanatory memorandum (reproduced in CoE (ed.), The administration and you (1st edition 1996/1997), pp. 511 ff.)
Recommendation No. R (94)12 has been "updated" by Recommendation CM/Rec(2010)12 of the Committee of Ministers to member states on judges: independence, efficiency and responsibilities

25. Recommendation No. R (95)19 of the Committee of ministers to member states on the implementation of the principle of subsidiarity

There seems to be no Explanatory memorandum to this recommendation

26. Recommendation No. R (97)7 of the Committee of Ministers to member states on local public services and the rights of their users

There seems to be no Explanatory memorandum to this recommendation
Recommendation No. R (97)7 was "replaced" by Recommendation CM/Rec(2007)4 of the Committee of Ministers to member states on local and regional public services

27. Resolution 97(24) of the Committee of Ministers of the Council of Europe on the twenty guiding principles for the fight against corruption

Resolution 97(24) was prepared by CoE's 'Multidisciplinary Group on Corruption (GMC)' (cf. GMC's Activity Report (1994-2000) (CM(2000)158) of 27 October 2000).

28. Recommendation No. R (99)8 of the Committee of Ministers to member states on the financial liability of local elected representatives for acts or omissions in the course of their duties

There seems to be no Explanatory memorandum to this recommendation

Recommendation No. R (99)8 was prepared by a report by the Steering Committee on Local and Regional Democracy (CDLR) with the collaboration of Phillippe Petit (CoE (ed.), Liability of local elected representatives for acts or omissions in the course of their duties (1999))

Changes to the draft recommendation were proposed by CLRAE Opinion 9 (1998) adopted on 3 November 1998 on the preliminary draft recommendation of the Committee of Ministers to member states on the financial (civil and accounting) liability of local elected representatives for acts or omissions in the course of their duties

29. Recommendation No. R (2000)6 of the Committee of Ministers to member states on the status of public officials in Europe

On the genesis of Recommendation No. R (2000)6 cf. M. Niemvuo, 'Good Administration and the Council of Europe', (2008) 14 EPL, pp. 545 - 563 (pp. 554 - 555)

Explanatory memorandum (reproduced in CoE (ed.), The status of public officials in Europe - Recommendation R (2000) 6 and Explanatory memorandum (2000), pp. 11 ff.) - this memorandum also explains the genesis of this recommendation

Recommendation No. R (2000)6 was preceded by a 'Colloquy on the civil service systems: the European experience' (Geneva 26-27- October 1995 (AS/Bud/Geneve (1995) 10) organised by the PACE Committee’s on the budget and the intergovernmental work programme

Recommendation No. R (2000)6 was prepared by a quite comprehensive report of the CJ-DA: CoE (ed.), The Status of Public Officials in Europe (1999)

Preparatory works of the CJ-DA: point IIa of the Report on the 11th Meeting of the CJ-DA (23 - 26 October 1998 - CJ-DA (98) 6); point 3.1. of the Report on the 12th Meeting of the CJ-DA (14 - 17 September - CJ-DA (1999) 6)

Preparatory works of the Working Party of the CJ-DA: Report on the Working Party's 1st Meeting (3 - 5 June 1998 - CJ-DA-GT(1998) 5); Report on the Working Party's 2nd Meeting (23 - 25 September 1998 - CJ-DA-GT(1998) 7)
Recommendation No. R (2000)6 was prepared by the CJ-DA. At the same time CoE’s Multidisciplinary Group on Corruption (GMC) prepared Recommendation Rec(2000)10 of the Committee of Ministers to member states on codes of conduct for public officials. It seems that the work of the two bodies was not really coordinated in this respect (cf. Report on the 2nd Meeting (23 - 25 September 1998) of the Working Party of the Project Group on Administrative Law (CJ-DA-GT(1998)7). Therefore, the two recommendations are not really synchronised.

30. Recommendation Rec(2000)10 of the Committee of Ministers to member states on codes of conduct for public officials

Explanatory memorandum
Recommendation No. R (2000) 10 was prepared by CoE’s Multidisciplinary Group on Corruption (GMC). At the same time the CJ-DA prepared Recommendation No. R (2000)6 on the status of public officials in Europe. It seems that the work of the two bodies was not really coordinated in this respect (cf. Report on the 2nd Meeting (23 - 25 September 1998) of the Working Party of the Project Group on Administrative Law (CJ-DA-GT(1998)7). Therefore, the two recommendations are not really synchronised.

31. Recommendation Rec(2001)9 of the Committee of Ministers to member states on alternatives to litigation between administrative authorities and private parties

On the genesis of Recommendation Rec(2001)9 cf. M. Niemvuo, 'Good Administration and the Council of Europe', (2008) 14 EPL, pp. 545 - 563 (pp. 555 - 557)

Explanatory memorandum (drafted by the European Committee on Legal Co-operation (CDCJ) - CM(2001)121 Addendum I) of 3 August 2001)

Recommendation Rec(2001)9 was preceded by a 'Multilateral Conference' in Lisbon (31 May – 2 June 1999) organised by the CJ-DA. Its proceedings are published in CoE (ed.), Alternatives to Litigation between Administrative Authorities and Private Parties: Conciliation, Mediation and Arbitration (2000)

Preparatory works of the CJ-DA: point III of the Report on the 11th Meeting of the CJ-DA (23 - 26 October 1998 - CJ-DA (98) 6); point 3.2. of the Report on the 12th Meeting of the CJ-DA (14 - 17 September - CJ-DA (1999) 6); point. 4.2. of the Report on the 13th Meeting of the CJ-DA (2 - 4 October 2000 - CJ-DA (2002) 8)

Preparatory works of the Working Party of the CJ-DA: Report on the Working Party's 1st Meeting (12 April 1999 - CJ-DA-GT(1999) 1); Report on the Working Party's 2nd Meeting (8 - 10 November 1999 - CJ-DA-GT(1999) 4); Report on the Working Party's 3rd Meeting (10 - 12 April 2000 - CJ-DA-GT(2000) 3); Report on the Working Party's 4th Meeting (3 - 5 July 2000 - CJ-DA-GT(2000) 5)
Promoting Recommendation Rec(2001)9 above all with regard to mediation in administrative matters has been several times on the agenda of CoE's European Commission for Efficiency of Justice (CEPEJ). First CEPEJ developped Guidelines for a better implementation of the existing Recommendation on alternatives to litigation between administrative authorities and private parties (CEPEJ(2007)15 of 7 December 2007). Later, CEPEJ decided to develop a guide for administrative mediation "which, using a practical and concrete approach, aims to promote and facilitate the use of administrative mediation in member States: CEPEJ, Promoting mediation to resolve administrative disputes in Council of Europe member states (CEPEJ(2022)11 of 7 December 2022)

32. Additional Protocol to the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, regarding supervisory authorities and transborder data flows (ETS No. 181)

Opening for signature: 8 November 2001
Entry into force: 1 July 2004
The additional Protocol is signed and ratified by 36 CoE Member States

Explanatory Report

33. Recommendation Rec(2001)19 of the Committee of Ministers to member states on the participation of citizens in local public life

There seems to be no Explanatory memorandum to this recommendation

CLRAE Opinion 15 (2001)1 adopted on 29 May 2001 on the draft recommendation of the Committee of Ministers to the member states of the Council of Europe on participation of citizens in local public life

Recommendation Rec(2001)19 'replaced' Recommendation No. R (81)18 of the Committee of Ministers to member states concerning participation at municipal level and has been, for its part, 'replaced' by Recommendation CM/Rec(2018)4 of the Committee of Ministers to member states on the participation of citizens in public life at local level

34. Recommendation Rec(2002)2 of the Committee of Ministers to member states on access to official documents

Explanatory memorandum (drafted by the Steering Committee for Human Rights (CDDH) - CM Documents (CM(2002)8) of 22 January 2002)
Recommendation Rec(2002)2 "replaces" Recommendation No. R (81)19 of the Committee of Ministers to member states on the access to information held by public authorities

35. Parliamentary Assembly Recommendation 1617 (2003) on Civil Service Reform in Europe adopted on 8 September 2003

Reply from the Committee of Ministers adopted at the 864th meeting of the Ministers’ Deputies (4 December 2003)

36. Recommendation Rec(2003)16 of the Committee of Ministers to member states on the execution of administrative and judicial decisions in the field of administrative law

On the genesis of Recommendation Rec(2003)16 cf. M. Niemvuo, 'Good Administration and the Council of Europe', (2008) 14 EPL, pp. 545 - 563 (pp. 557 - 558)

Explanatory memorandum (drafted by the European Committee on Legal Co-operation (CDCJ) - CM(2003)98-Add 3 of 13 August 2003)

Preparatory works of the CJ-DA: Report on the 14th Meeting of the CJ-DA (8 -10 October 2001 - CJ-DA (2001) 5) para. 10 ff.); Report on the 15th Meeting of the CJ-DA (27 - 29 November 2002 - CJ-DA (2002) 6), para. 10 ff.

Preparatory works of the Working Group of the CJ-DA: Report on the Working Group's 1st Meeting (19 - 21 March 2001 - CJ-DA-GT(2001) 4); Report on the Working Group's 2nd Meeting (4 - 5 October 2001 (CJ-DA-GT(2001) 7); Report on the Working Group's 3rd Meeting (27 Februrary - 1 March 2001 - CJ-DA-GT(2001) 7); Report on the Working Group's 4th Meeting (20 August 2002 - CJ-DA-GT(2002) 5)

37. Recommendation Rec(2004)15 of the Committee of Ministers to member states on electronic governance ("e-governance")

Explanatory memorandum (CM(2004)210-Add) of 17 November 2004)

38. Recommendation Rec(2004)20 of the Committee of Ministers to member states on judicial review of administrative acts

On the genesis of Recommendation Rec(2004)20 cf. M. Niemvuo, 'Good Administration and the Council of Europe', (2008) 14 EPL, pp. 545 - 563 (pp. 558 - 559)

Explanatory memorandum (drafted by the European Committee on Legal Co-operation (CDCJ) - CM(2004)214 of 19 November 2004)

Recommendation Rec(2004)20 builds on: CoE (ed.), Protection of the individual in relation to acts of administrative authorities - An analytical survey of the rights of the individual in the administrative procedure and its remedies against administrative acts (1975), pp. 25 ff.
Recommendation Rec(2004)20 was preceded by a 'Multilateral Seminar' organised by the CJ-DA in Madrid (13 – 15 November 1996). Its proceedings are published in CoE (ed.), Judicial control of administrative acts (1998)
Recommendation Rec(2004)20 was preceded by the "First Conference of the Presidents of Supreme Administrative Courts in Europe (7 - 8 October 2002) held in Strasbourg on "The possibility and scope of the judicial control of administrative decisions”: Programme, Proceedings and Conclusions (cf. also Appendix IV of the Report on the 15th Meeting of the CJ-DA (27 - 29 November 2002 - CJ-DA (2002) 6) were only published as html-pages

Preparatory Works of the CJ-DA: Report on the 15th Meeting of the CJ-DA (27 - 29 November 2002 - CJ-DA (2002) 6), para. 19 ff.

Preparatory works of the Working Group of the CJ-DA: Report on the Working Group's 1st Meeting (10 - 12 March 2003 - CJ-DA-GT(2003) 1); Report on the Working Group's 2nd Meeting (10 - 12 June 2003 - CJ-DA-GT(2003) 6); Report on the Working Group's 3rd Meeting (3 - 5 November 2003 - CJ-DA-GT(2003) 11)

See, furthermore, S. Galera (ed.), Judicial Review - a comparative analysis inside the European legal system (2010)

39. Recommendation CM/Rec(2007)4 of the Committee of Ministers to member states on local and regional public services

There seems to be no Explanatory memorandum to this recommendation
Recommendation CM/Rec(2007)4 "replaces" Recommendation No. R (97)7 of the Committee of Ministers to member states on local public services and the rights of their users

40. Recommendation CM/Rec(2007)7 of the Committee of Ministers to member states on good administration

For a general outline of the origins of Recommendation CM/Rec(2007)7 cf. Appendix IV of the Report on the 18th Meeting of the CJ-DA (11 - 13 October 2006 - CJ-DA (2006) 7); cf. furthermore for the genesis of Recommendation CM/Rec(2007)7 cf. M. Niemvuo, 'Good Administration and the Council of Europe', (2008) 14 EPL, pp. 545 - 563 (pp. 559 - 561)

PACE Recommendation 1615 (2003) "The institution of Ombudsman" at para. 8. and para. 11.3 to "draft a single, comprehensive, consolidated model code of good administration, deriving in particular from Committee of Ministers Recommendation No. R (80) 2 and Resolution (77)31 and the European Code of Good Administrative Behaviour, with the involvement of the appropriate organs of the Council of Europe – in particular the Commissioner for Human Rights and the European Commission for Democracy through Law, as well as the Assembly – and in consultation with the European Ombudsman, thus providing elaboration of the basic right to good administration so as to facilitate its effective implementation in practice"

Organisation of an "European Conference" organised by the CoE in collaboration with the Ministry of the Interior and of Public Administration in Poland and the Office of the Ombudman in Poland on 'The right to good administration" in Warsaw (4 - 5 December 2003)

Opinion on PACE Recommendation 1615 (2003) as adopted by the CJ-DA (Appendix VI to the Report on the 16th Meeting of the CJ-DA (3 - 5 March 2004 - CJ-DA (2004) 9)

Prelimiary Draft Report on the feasibility and desirability of preparing recommendation and/or a consolidated model code of good administration (Appendix III to the Report on the 17th Meeting of the CJ-DA (28 Feburary - 2 March 2005 - CJ-DA (2005) 5) focussing on the relationship between "good governance", "good administration" and "procedural rights"

Preparatory works of the Working Group of the CJ-DA: Report on the Working Group's 1st Meeting (29 September - 1 Oktober 2004 - CJ-DA-GT(2004) 6); Report on the Working Group's 2nd Meeting (8 - 10 December 2004 - CJ-DA-GT(2004) 9); Report on the Working Group's 3rd Meeting (5 - 7 April 2006 - CJ-DA-GT(2006) 1); Report on the Working Group's 4th Meeting (10 - 12 July 2006 - CJ-DA-GT(2006) 3)

The preparation of Recommendation CM/Rec(2007)7 was also accompanied by an "European Conference" on "Training of civil servants to achieve good administration" organised by the CoE in collaboration with the Lithuanian Insitute of Public Administration in Vilinius (27 - 28 October 2005)

Approval of the draft Recommendation on good administration by the CJ-DA: Report on the 18th Meeting of the CJ-DA (11 - 13 October 2006 - CJ-DA (2006) 7); cf. for the reasons for the decision not to draft an Explanatory memorandum para. 21 of this report

Recommendation CM/Rec(2007)7 was comprehensively presented and discussed at a conference organised by the CoE in Warsaw on 29-30 October 2007. The proceedings were ‘published’ (unfortunately only as a pdf collection) as CoE (ed.), In Pursuit of Good Administration - European Conference Warsaw, 29 - 30 November 2007 (DA/ba/Conf (2007) 4 e) (2008)
- Opening address
  
  Mr Tadeusz TOMASZEWSKI, Dean of the Faculty of Law and Administration University of Warsaw Poland
- Opening address
  
  Ms Danuta WISNIEWSKA-CAZALS, Council of Europe
- Trends in the development of public management in Europe
  
  Mr Hubert IZDEBSKI, Professor, University of Warsaw
- Recommendation CM/Rec(2007)7 on good administration, General Presentation
  
  Mr Philippe GERBER, Federal Office of Justice, Switzerland
- Improving the application of administrative law by adopting principles of good administration – may Germany learn from European Communities’ legal practice and the Council of Europe’s Recommendation?
  
  Mr Günter SCHMIDT, Professor, Federal University of Public Administration, Germany
- Good administration at the service of good governance: safeguarding individual rights and implementing democratic decisions
  
  Mr Thierry TANQUEREL, Professor, Department of administrative and tax law, University of Geneva, Switzerland
- The role of the Ombudsman in the implementation of principles of good administration in the United Kingdom
  
  Ms Lesley BAINSFAIR, Parliamentary and Health Service Ombudsman (PHSO), United Kingdom
- The application of the European Code of Good Administrative Behaviour by the European institutions
  
  Ms Marta HIRSCH-ZIEMBIŃSKA, Lawyer, European Ombudsman Office
- Towards good administration: from vision to action
  
  Mr Hubert IZDEBSKI, Professor, University of Warsaw
- The role of the social partners in creating good administration
  
  Mr Andrzej ARENDARSKI, President of the Polish Chamber of Commerce
- Good Administration and the case-law of the European Court of Human Rights
  
  Ms Magdalena KRZYŻANOWSKA – MIERZEWSKA, Lawyer, European Court of Human Rights
- Towards good administration: the Belgian experience
  
  Mr David RENDERS, Professor at the Catholic University of Leuven, Belgium
- Good administration in the case-law of the European Court of Human Rights – Polish experience
  
  Mr Jakub WOŁĄSIEWICZ, Government official before the European Court of Human Rights, Poland
- General Report
  
  Mr Pierre DELVOLVÉ, Professor, University Pantheon Assas - Paris II

41. Unfinished project for a Recommendation of Committee of Ministers to member states on administrative appeals (2006 - 2007)

Preparatory works of the CJ-DA: Report 18th Meeting of the CJ-DA (11 - 13 October 2006 - CJ-DA (2006) 7), para. 24 ff.

Preparatory works of the Working Group of the CJ-DA: Report of the Working Group's 1st Meeting (28 - 30 March 2007 - CJ-DA-GT (2007) 2); Report on the Working Group's 2nd Meeting 19 - 21 September 2007 (CJ-DA-GT (2007) 6); Report on the Working Group's 3rd Meeting (5 - 7 December 2007 - CJ-DA-GT(2007) 10)

Compendium of Replies to Questionnaire on Administrative Appeals in Europe (CJ-DA-GT (2007) 4) of 10 December 2007

Report on the desirability of preparing a recommendation on administrative appeals (CJ-DA-GT(2007) 9 E) of 7 December 2007
The project was stopped because the CJ-DA was dissolved for financial reasons, cf. para. 7 and 14 f. of the Report on the Working Group's 3rd Meeting (5 - 7 December 2007 - CJ-DA-GT(2007) 10)

42. "Valencia Declaration" on the 12 Principles of Good Democratic Governance adopted on the 15th Conference of European Ministers responsible for local and regional government (Valencia, Spain, 15-16 October 2007) (CM(2008)14-add of 1 February 2008

Exact citation: Part III ("The 12 Principles of Good Democratic Governance") of Annex I ("Strategy on innovation and good governance at local level") adopted by the 15th Conference of European Ministers responsible for local and regional government (Valencia, 15-16 October 2007) (Part IV of the Declaration) - cf. (CM(2008)14-add of 1 February 2008)

On the "legal nature" of this declaration: Explanatory Memorandum to Recommendation CM/Rec(2023)5 (drafted by the CDDG (CM(2023)96-addfinal) of 6 September 2023)

"13. The terms of reference of the CDDG referred to the need for the Committee, when drafting principles of good democratic governance, to build on the 12 Principles of Good Democratic Governance at Local Level, which were adopted in 2008 in the context of the Strategy on Innovation and Good Governance and endorsed by a decision of the Committee of Ministers of the Council of Europe. Since then, these 12 Principles have been serving as a basis for the award of the European Label of Governance’ Excellence (ELoGE), to local authorities which have demonstrated compliance with these principles, measured against the relevant benchmarks [...]. Guidance documents were produced to assist in the implementation of ELoGE, in particular benchmarks to facilitate evaluation against the 12 Principles, and experience was gathered with regard to the implementation at the local level.
14. However, the text carrying these 12 Principles has two limitations. First, it was designed specifically with the work, policies and institutional set-ups of local and regional public institutions in mind. Secondly, although the Strategy on Innovation and Good Governance at local level and the Principles it carries had been endorsed by the Committee of Ministers, the text of the 12 Principles never had the authority of a legal instrument (a Convention or a Recommendation of the Committee of Ministers to member States)"

The "Valencia Declaration" on the 12 Principles of Good Democratic Governance was replaced by Recommendation CM/Rec(2023)5 of the Committee of Ministers to member States on the principles of good democratic governance

43. Council of Europe Convention on Access to Official Documents (CETS No. 205)

Opening for signature: 18 June 2009

Entry into force: 1 December 2020

The Convention has been until now signed and ratified by 14 Member States and has furthermore been (only) signed by 6 Member States

Explanatory Report

44. Additional Protocol to the European Charter of Local Self-Government on the right to participate in the affairs of a local authority (CETS No. 207)

Opening for signature: 16 November 2009

Entry into force: 1 June 2012

The Additional Protocol to the Charter is signed and ratified by 21 Member States of the Council of Europe

Explanatory Report

Monitoring reports of the Congress of Local and Regional Authorities

45. Recommendation CM/Rec(2010)12 of the Committee of Ministers to member states on judges: independence, efficiency and responsibilities

Explanatory memorandum (drafted by the CDCJ (CM(2010)147-add1) of 21 October 2010))

Recommendation CM/Rec(2010)12 "updates" Recommendation No. R (94)12 of the Committee of Ministers to member states on the independence, efficiency and role of judges

46. Recommendation CM/Rec(2010)13 of the Committee of Ministers to member states on the protection of individuals with regard to automatic processing of personal data in the context of profiling

Explanatory memorandum (drafted by the CDCJ (CM(2010)147-add3final) of 25 November 2010)

Recommendation CM/Rec(2010)13 was "replaced" by Recommendation CM/Rec(2021)8 of the Committee of Ministers to member States on the protection of individuals with regard to automatic processing of personal data in the context of profiling

47. Recommendation CM/Rec(2012)11 of the Committee of Ministers to member States on the role of public prosecutors ou tside the criminal justice system

Explanatory memorandum (drafted by the CDCJ (CM(2012)118-addfinal) of 21 September 2012))

The recommendation was prepared by a Report of A. Zs. Varga, Role of the Public Prosecution Service outside the field of Criminal Justice (document CCPE-Bu (2008)4 rev) of 5 May 2008)

48. Recommendation CM/Rec(2014)7 of the Committee of Ministers to member states on the protection of whistleblowers

Explanatory memorandum

49. CLRAE Resolution 417 (2017) of 30 March 2017 'Open data for better public services' and CLRAE Recommendation 398 (2017) of 30 March 2017 'Open data for better public services'

Explanatory memorandum to both CLRAE recommendations (Report CG32(2017)15final of 28 February 2017 - rapporteur M. Bora)

Reply to CLRAE Recommendation 398 (2017) adopted by the Committee of Ministers on 27 September 2017 (CM/Cong(2017)Rec398-final)

50. Guidelines of the Committee of Ministers for civil participation in political decision making (CM(2017)83-final) of 27 September 2017

There seems to be no Explanatory memorandum to these guidelines

51. Recommendation CM/Rec(2018)4 of the Committee of Ministers to member States on the participation of citizens in local public life

Explanatory memorandum (CM/Rec(2018)4 of 21 March 2018)

Recommendation CM/Rec(2018)4 'replaced' Recommendation Rec(2001 )19 of the Committee of Ministers to member states on the participation of citizens in local public life which had, for its part, 'replaced' Recommendation No. R (81)18 of the Committee of Ministers to member states concerning participation at municipal level

52. CLRAE Resolution 435 (2018) of 7 November 2018 'Transparency and open government' and CLRAE Recommendation 424 (2018) of 7 November 2018 'Transparency and open government'

Explanatory memorandum to both CLRAE recommendations (Report CG35(2018)14final of 7 November - rapporteur A. Glaser)

Reply to CLRAE Recommendation 424 (2018) adopted by the Committee of Ministers on 24 September 2019 (CM/Cong(2019)Rec424-final)

53. Protocol amending the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (CETS No. 223)

Opening for signature: 10 October 2018

Entry into force: The protocoll will entry into force after ratification by all Parties to Treaty ETS 108, or as from 11 October 2023 provided that at least 38 Parties to Treaty ETS 108 have ratified the Protocol at this date.