FINAL RESOLUTION

FINAL RESOLUTION

Executive Committee of Budva (Montenegro)

7 – 8 December 2014

The European Council of Police Unions (CESP) – non Governmental Organization of the Council
of Europe representing 300,000 police officers from 19 countries (including 13 members of the
EU) composed of 20 unions – held its Executive Committee in Budva on 7-8 December 2014 on
the theme:

The police unionism, player and maker of European integration

While Europe seems lacking inspiration to continue the integration of applicant countries, the
CESP – present since 1988 in the European arena – believes in the virtues of collaboration and
mutual aid of police unionism to achieve it.

The economic situation mustn’t be a source of tension, leading the ideals of European
construction to be abandoned. In a difficult context, it is necessary to review some models
such as the organization of the police.

The European economies aim to reduce the operating costs of their administrations and –
paradoxically – persist in maintaining a duality in civil forces / military forces for internal security
missions. This is the case in Spain, in France, In Italy and in Portugal where a fierce competition
is noted, creating expensive duplications and a loss of energy, at the expense of citizens’ global
safety.
In other European areas, some Governments reduce social gains attached to the particularities
of the police officers’ specific jobs and bring the unions in question by refusing social dialogue
and obstructing their normal functioning by authoritative measures (taking away their offices,
refusing to sign collective agreements etc.)

Here again, the CESP works for the defence of a constructive and appeased unionism by
reminding States the European and International texts they signed and which involve them,

such as the European Convention of Human Rights, the European Social Charter, the Charter of
Fundamental Rights, the European Directives, the ILO Conventions, etc. ).

The CESP took note of the statements of the President of the European Commission, Mr. Jean-
Claude JUNCKER: ‘’… Under my Presidency of the Commission, ongoing negotiations will
continue, and notably the Western Balkans will need to keep a European perspective ».

On this basis, the CESP wishes to actively collaborate to this perspective and offers its expertise
to the European Commission and to the specialized committees of the European Parliament in
the field of internal security in the Union member states and in the Balkans countries, where it
is strongly represented (Albania, Former Yugoslav Republic of Macedonia, Bosnia &
Herzegovina, Montenegro, Serbia).

Adopted by the Executive Committee of CESP in Budva on 8 December 2014.

Drafting committee:

· SUP – Montenegro
· CPA – Cyprus
· SPP SH – Albania
· NSP – Serbia

Annexes to the Final Resolution

1

Executive Committee of Budva, December 2014

 Montenegro

CESP demands the harmonization of national and European legislations concerning the union activity,
primarily human rights of police staff and social protection.

CESP demands guarantees and material conditions allowing the development of the union.

CESP demands concrete mechanisms in order to oblige the cooperation between employers and unions.

CESP demands adequate salaries, in order to avoid the temptation of corruption and to preserve the police
officers integrity.

CESP demands adequate working hours and conditions to secure psychological health conditions.

CESP demands the strengthening of the special collective agreement for the police.

CESP demands the State to guarantee appropriate economic and material conditions in order to enable the
development of the union and at the same time to ensure its independence from the political parties.

Serbia

CESP demands the signing of a special collective agreement defining financial obligations of the union
amongst other demands.

CESP demands the State to guarantee appropriate economic and material conditions in order to enable the
development of the union and at the same time to ensure independence from the political parties.

CESP demands the passage into law of a framework for the protection of police staff in cases of violent
situations against them.

Albania

CESP denounces:

Acts of the General Directorate of Police such as:

– The suppression of the direct membership fees’ collection;
– The eviction from the premises of Police Commissariat nr.1 in Tirana;
– The absence of consultation when reducing the number of employees due to the organizational
changes;
– The non-association of the Union to any working group when drafting legal acts regarding police
employees.

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Don’t these acts constitute a violation of the Union freedom, guaranteed by the European Convention of
Human Rights, by the Albanian Constitution and by article 181 of the Labour Code of the Republic of
Albania? Doesn’t the non-implementation of the Collective Contract constitute interference in the
functioning of each Union structure, intended to discredit it and to infringe its image?

CESP denounces:

· These discriminatory and illegal acts of the General Directorate of Police, which bring heavy
consequences and nonfunctioning of the Union, unfairly suppressing the only income of the Union
devoted to its functioning. Unfortunately this is the objective of the head of the General Directorate
of Police;
· The collective dismissals of numerous police employees (approximately 400) without any discussion
with our Union;
· The avoidance of our Union representatives from the joint working groups with GDSP in drafting
different legal and sublegal acts regarding our police force.

What the Albanian police union does:

The Union is going to support, help, represent and protect police employee who are its members, in any case
before the Appeal Commission of GDP and in Courts, as well as well as in general cases defended by the
Union at every trial instant.

CESP decides:

· To address by letter the General Director of the State Police and the Minister of the Interior in order
to organize a meeting with the representatives of the union, the CESP and the authorities;
· To organize a press conference in Tirana in case the authorities refuse the dialogue.

Portugal
CESP thinks it is inconceivable that the Portuguese government continues to mislead the Council of Europe,
and this since 2012, regarding its involvement in the actual implementation of the decision of the European
Committee of Social Rights, dated 17 October 2011, as a part of the collective complaint No. 60/2010
(payment of permanence service / 24 hours, payment of duty and prevention service, payment of overtime
work with compensation equivalent to the normal hourly rate).
CESP follows closely the negotiations of the ASFIC and knows that since May 2012, this negotiation was
interrupted twice and triggered two strikes, about the overtime work and serious harm caused to internal
security and criminal investigations conducted by the police.
CESP regrets that once again, that no dialogue with the Minister of Justice has been possible before
February 2014, and that ASFIC –PJ had to go on strike on 22 October 2014 and; moreover, the negotiations
of the Professional Statute of the PJ officers, the only legal instrument to solve this problem, disappeared of
the Government’s 2015 budgetary targets.
CESP also knows that the budgetary reasons stated invoked by the Portuguese government for not solving
the PJ staff issues are not true, since during the same of time lapse, the same government solved similar
issues of other professional classes, with a higher budgetary impact, over 20 times!

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CESP reiterates that the Portuguese Government must apply the Council of Europe’s decision, and this will
quickly reopen negotiations with the representatives of the Judicial Police, so that practical solutions may be
found, leading to the application of the conclusions of the ECSR as well as other aspirations of the Judicial
Police.

The Portuguese Government didn’t tell the truth when answering the ILO, about a complaint regarding the
absence of legislation to oversee the health, hygiene and safety of the police; this situation doesn’t comply
with the European directives presented by CESP’s representation of the ASPP / PSP, when the Government
responds that there are entities in Portugal who have this power, but it is patently false, because today
there is no entity able to do this supervision.

We demand the Portuguese Government to adopt a law about supervision of hygiene, health and safety,
and that they recognize the physical and psychological risks specific to the police profession.