Rules of Procedure of the Assembly (January 2023)

(Resolution 1202 (1999) adopted on 4 November 1999) with subsequent modifications of the Rules of Procedure* * Resolutions 1220 (2000), 1234 (2000), 1235 (2000), 1266 (2001), 1275 (2002), 1284 (2002), 1296 (2002), 1325 (2003), 1343 (2003), 1348 (2003), 1356 (2003), 1368 (2004), 1369 (2004), 1379 (2004), 1395 (2004), 1431 (2005), 1432 (2005), 1445 (2005), 1447 (2005), 1448 (2005), 1490 (2006), 1491 (2006), 1503 (2006), 1504 (2006), 1515 (2006), 1529 (2006), 1554 (2007), 1583 (2007), 1584 (2007), 1585 (2007), 1658 (2009), 1698 (2009), 1699 (2009), 1712 (2010), 1780 (2010), 1799 (2011), 1841 (2011), 1842 (2011), 1854 (2011), 1903 (2012), 1911 (2012), 1937 (2013), 1965 (2013), 2002 (2014), 2058 (2015), 2102 (2016), 2169 (2017), 2182 (2017), 2208 (2018), 2278 (2019), 2287 (2019), 2349 (2020), 2350 (2020), 2360 (2021), 2392 (2021), 2405 (2021)<br><br>Wherever used herein, the masculine form refers to both women and men, unless the context clearly indicates otherwise. The words "President", "Vice-President", "Secretary General", "Representative", "Substitute", "chairperson", etc. refer to persons of both sexes.

Rules of Procedure of the Assembly

Parts: I. II. III. IV. V. VI. VII. VIII. IX. X. XI. XII. XIII. XIV. XV. XVI. XVII. XVIII.

Complementary texts

Parts: I. II. III. IV. V. VI. VII. VIII. IX. X. XI. XII. XIII. XIV. XV. XVI. XVII. XVIII. XIX. XX. XXI. XXII.

Index

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

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    Elections by the Parliamentary Assembly Retour au sommaire Atteindre l'élement suivant Atteindre l'élement précédent

      ii. - Election of the members of the European Court of Human Rights and of the European Committee for the Prevention of Torture

      A. Extract from the Convention for the protection of human rights and fundamental freedoms
      (signed at Rome on 4 November 1950, as amended by Protocols Nos. 11 and 14)
      Articles relating to the election of the judges of the European Court of Human Rights See also Resolutions 1082 (1996), 1200 (1999), 1366 (2004), 1426 (2005), 1627 (2008), 1646 (2009) and 2002 (2014) of the Parliamentary Assembly. on which action is taken by the Assembly
      Article 20
      Number of judges
      The Court shall consist of a number of judges equal to that of the High Contracting Parties.
      Article 21
      Criteria for office
      1. The judges shall be of high moral character and must either possess the qualifications required for appointment to high judicial office or be jurisconsults of recognised competence.
      2. The judges shall sit on the Court in their individual capacity.
      3. During their term of office the judges shall not engage in any activity which is incompatible with their independence, impartiality or with the demands of a full-time office; all questions arising from the application of this paragraph shall be decided by the Court.
      Article 22
      Election of judges
      The judges shall be elected by the Parliamentary Assembly with respect to each High Contracting Party by a majority of votes cast from a list of three candidates nominated by the High Contracting Party. See Rule 40.11. of the Assembly’s Rules of Procedure, the appendix to Resolution 1432 (2005), {P: EN_CEGEHAAD} below and Resolution 1366 (2004) modified, {P: EN_CEGCAIFG} below.
      Article 23
      Terms of office and dismissal
      1. The judges shall be elected for a period of nine years. They may not be re-elected.
      2. The terms of office of judges shall expire when they reach the age of 70. See Resolution 1232 (2000) of the Parliamentary Assembly.
      3. The judges shall hold office until replaced. They shall, however, continue to deal with such cases as they already have under consideration.
      4. No judge may be dismissed from office unless the other judges decide by a majority of two-thirds that that judge has ceased to fulfil the required conditions.
      B. Extract from the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment See Order No. 530 (1997) and Recommendation 1323 (1997) of the Parliamentary Assembly on strengthening the machinery of the European Convention for the Prevention of Torture, Resolution 1248 (2001) on the European Committee for the Prevention of Torture: composition of the Committee and Resolution 1540 (2007) on improving selection procedures for CPT members.
      Text amended according to the provisions of Protocols No. 1 and No. 2 which entered into force on 1 March 2002
      signed at Strasbourg on 26 November 1987
      Articles relating to the election of the members of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment on which action is taken by the Assembly
      Article 4
      1. The Committee shall consist of a number of members equal to that of the Parties.
      2. The members of the Committee shall be chosen from among persons of high moral character, known for their competence in the field of human rights or having professional experience in the areas covered by this Convention.
      3. No two members of the Committee may be nationals of the same state.
      4. The members shall serve in their individual capacity, shall be independent and impartial, and shall be available to serve the Committee effectively.
      Article 5
      1. The members of the Committee shall be elected by the Committee of Ministers of the Council of Europe by an absolute majority of votes, from a list of names drawn up by the Bureau of the Consultative (Parliamentary) Assembly of the Council of Europe; each national delegation of the Parties in the Consultative (Parliamentary) Assembly shall put forward three candidates, of whom two at least shall be its nationals.
      Where a member is to be elected to the Committee in respect of a non-member state of the Council of Europe, the Bureau of the Consultative (Parliamentary) Assembly shall invite the Parliament of that state to put forward three candidates, of whom two at least shall be its nationals. The election by the Committee of Ministers shall take place after consultation with the Party concerned.
      2. The same procedure shall be followed in filling casual vacancies.
      3. The members of the Committee shall be elected for a period of four years. They may be re-elected twice. However, among the members elected at the first election, the terms of three members shall expire at the end of two years. The members whose terms are to expire at the end of the initial period of two years shall be chosen by lot by the Secretary General of the Council of Europe immediately after the first election has been completed.
      4. In order to ensure that, as far as possible, one half of the membership of the Committee shall be renewed every two years, the Committee of Ministers may decide, before proceeding to any subsequent election, that the term or terms of office of one or more members to be elected shall be for a period other than four years but not more than six and not less than two years.
      5. In cases where more than one term of office is involved and the Committee of Ministers applies the preceding paragraph, the allocation of the terms of office shall be effected by drawing of lots by the Secretary General of the Council of Europe, immediately after the election.