Rules of Procedure of the Assembly (July 2019)

(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)

Rules of Procedure of the Assembly

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

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

Print

    Committees See Statute
of the Council of Europe, Article 24. Retour au sommaire Atteindre l'élement suivant Atteindre l'élement précédent

      Committees See Statute
of the Council of Europe, Article 24.

      Rule 44 - Appointment of committees

      44.1. At the beginning of each ordinary session, the Assembly shall set up the following general committees:
      1. Committee on Political Affairs and Democracy (85 seats), Plus the chairpersons
of political groups and the immediate past President of the Assembly,
as ex officio members (Rule 19.6.  and Rule 20.3. ).
      2. Committee on Legal Affairs and Human Rights (85 seats), Plus the chairpersons
of political groups, as ex officio members (Rule 19.6. )
      3. Committee on Social Affairs, Health and Sustainable Development (85 seats),
      4. Committee on Migration, Refugees and Displaced Persons (85 seats),
      5. Committee on Culture, Science, Education and Media (85 seats),
      6. Committee on Equality and Non-Discrimination (85 seats),
      7. Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee) (85 seats), Plus
the chairpersons of political groups and the immediate past President
of the Assembly, as ex officio members (Rule 19.6.  and Rule 20.3. ), as well as the chairpersons
of the Committee on Political Affairs and Democracy and the Committee
on Legal Affairs and Human Rights, as ex officio members,
or, in their absence, a vice-chairperson. See also Resolution 1356 (2003)
and the decision taken by the Bureau of the Assembly on 13 December
2004 to increase the number of seats of the Monitoring Committee
subject to the approval of the Assembly
      8. Committee on Rules of Procedure, Immunities and Institutional Affairs (32 seats), Plus the chairpersons of political groups and the immediate
past President of the Assembly, as ex officio members
(Rule 19.6.  and Rule 20.3. ).
      9. Committee on the Election of Judges to the European Court of Human Rights (20 seats). Plus the chairpersons of the Committee on Legal Affairs and
Human Rights and the Committee on Equality and Non-Discrimination,
as ex officio members, or, in their absence, a vice-chairperson.
      44.2. France, Germany, Italy, the Russian Federation, Turkey and the United Kingdom shall have four seats in each of the first six committees.
      Poland, Romania, Spain and Ukraine shall have three seats in each of the first six committees.
      Austria, Azerbaijan, Belgium, Bulgaria, the Czech Republic, Greece, Hungary, the Netherlands, Portugal, Serbia, Sweden and Switzerland shall have two seats in each of the first six committees.
      Albania, Andorra, Armenia, Bosnia and Herzegovina, Croatia, Cyprus, Denmark, Estonia, Finland, Georgia, Iceland, Ireland, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, the Republic of Moldova, Monaco, Montenegro, Norway, San Marino, the Slovak Republic, Slovenia and “the former Yugoslav Republic of Macedonia” shall have one seat in each of the first six committees.
      44.3.a. On the basis of the candidatures presented by the political groups and taking into account gender balance and regional balance, the Bureau shall appoint 85 of the 94 members of the Monitoring Committee, 30 of the 39 members of the Committee on Rules of Procedure, Immunities and Institutional Affairs and 20 of the 22 members (and their alternates) of the Committee on the Election of Judges to the European Court of Human Rights by applying the apportionment ratio based on the so-called ‘D’Hondt principle’.
      44.3.b. The Bureau shall appoint two additional members to the Committee on Rules of Procedure, Immunities and Institutional Affairs from among the representatives and substitutes of the Assembly who do not belong to any political group. The political groups shall nominate the members with a view to ensuring a fair representation of national delegations where applicable.
      44.3.c. Not more than two members of a national delegation from a state under monitoring procedure or involved in a post-monitoring dialogue may sit on the Monitoring Committee.
      44.3.d. These nominations shall be submitted to the Assembly or the Standing Committee for ratification. See Resolution 1115 (1997), 
				{P: EN_CEGGJDIA}
			 et seq. In the event of objection, the matter shall be referred back to the Bureau, which may submit revised nominations to the Assembly.
      44.4.a. The Assembly may also set up ad hoc committees for specific purposes. A motion to set up an ad hoc committee is considered by the Bureau. If the Bureau approves it, it refers the proposal to the committee concerned by the proposal’s subject matter, for report, and to the Committee on Rules of Procedure, Immunities and Institutional Affairs, for opinion.
      44.4.b. An ad hoc committee shall cease to exist after its report has been considered by the Assembly.
      44.4.c. Subject to ratification by the Assembly or the Standing Committee, the Bureau of the Assembly may also set up ad hoc committees reporting to it, in which case it shall prescribe their duration, terms of reference and composition. An account of their work shall be given to the Assembly as part of the Progress Report of the Bureau and the Standing Committee. Except for reports on the
observation of elections, which may be presented to the Assembly
or the Standing Committee (see Bureau decision, 14 September 1998).
      44.5. Substitutes, like representatives, may be appointed members of a committee. Besides the full members, an equal number of alternates of the same nationality shall be appointed for each committee except for the Monitoring Committee See Resolution 1115 (1997), 
				{P: EN_CEGGJDIA}
			 below. and the Committee on Rules of Procedure, Immunities and Institutional Affairs.
      44.6. No member of the Assembly can be a full member of more than two committees, with the exception of committees whose members are nominated by the political groups. Currently the Monitoring Committee,
the Committee on Rules of Procedure, Immunities and Institutional
Affairs and the Committee on the Election of Judges to the European
Court of Human Rights.
      44.7. Without prejudice to Rule 44.3.a. , candidatures for membership of the committees shall be addressed to the President of the Assembly, who shall submit to the Assembly, the Standing Committee or, failing that, the Bureau proposals for their composition. Any disputed nominations shall be forwarded by the President of the Assembly to the national delegation concerned. If confirmed proposals or new proposals are disputed, the Assembly or the Standing Committee shall decide.
      44.8. If, without prejudice to Rule 44.3.a. , no candidatures for membership of a committee are submitted by a national delegation by the end of the June part-session of a parliamentary year, the President of the Assembly shall bring this to the attention of the chairperson of the national delegation concerned.
      44.9. Where a seat is vacant on a committee other than the Monitoring Committee, the Committee on Rules of Procedure, Immunities and Institutional Affairs and the Committee on the Election of Judges to the European Court of Human Rights, it may be provisionally occupied by a representative or substitute from the national delegation to which the seat is allotted, the representative or substitute being appointed by the chairperson of that delegation.
      44.10. If, without prejudice to Rule 44.3.a. , in the course of a parliamentary year If during the reference
year, parliamentary elections are held, the national delegation
concerned may request that the reference time be prolonged by the
Bureau up to a maximum of two years. the average level of participation of a national delegation in the meetings of a committee is below 33%, the Secretary General of the Parliamentary Assembly shall inform the President of the Assembly, the chairperson of the Committee on Rules of Procedure, Immunities and Institutional Affairs and the chairperson of the national delegation concerned. The President of the Assembly shall bring this to the attention of the speaker of the national parliament concerned and the Bureau of the Assembly.

      Rule 45 - Competence of committees

      45.1. Committees shall examine documents referred to them under Rule 26 and questions otherwise referred to them by the Assembly or the Standing Committee. They may draw up a report, or an information report, for presentation to the Assembly or to the Standing Committee in accordance with Rule 50 , merge references, or take no action on a reference. In the last two cases, they shall inform the Bureau accordingly. They may examine any other matter within their terms of reference. See the text concerning the terms
of reference of Assembly Committees, 
				{P: EN_CEGCGEFI}
			 below.
      45.2. Committees shall examine the action taken on texts adopted by the Assembly on the basis of their reports.
      45.3. Should a committee declare a question to be outside its terms of reference, or should a conflict arise over the competence of two or more committees, the question shall be submitted to the Bureau for decision which may refer it to the Assembly.
      45.4. A committee requested to give an opinion on a matter which has been referred to another committee for report may table amendments to the draft text tabled by the latter committee, in the manner specified in Rule 34 .

      Rule 46 - Bureaux of committees

      46.1. The Bureau of each committee shall consist of the chairperson and the three vice-chairpersons, normally elected at the first committee meeting of each ordinary session, while taking into account the principle of gender equality.
      46.2. Until the chairperson of the committee is elected or, in the absence of agreement among the political groups or of any candidate put forward for the position of chair, until the vice-chairpersons are elected, the meeting shall be chaired by the oldest member present, under whose chairpersonship no subject other than the election of the bureau of the committee may be considered.
      46.3. Committee members who have been members for at least one year This
provision does not apply to new committees. may be candidates for the office of chairperson or vice-chairperson and must belong to the political group to which the Chair or a Vice-Chair has been allocated on the basis of an agreement reached among the political groups within the Presidential Committee. See Bureau
decision on 23 April 2012 on the order of precedence of vice-chairpersons
of committees (which shall be established according to the agreement
between the political groups regarding the attribution of the positions
of first, second and third vice-chairpersons). A single candidate put forward for any office shall be declared elected without proceeding to a vote.
      46.4. No chairperson or vice-chairperson of a committee or sub-committee may be chairperson or vice-chairperson of another Assembly committee or sub-committee. This does not apply to ad hoc committees and ad hoc sub-committees.
      46.5. Elections shall be held by secret ballot. Two tellers chosen by lot shall count the votes, assisted by the Secretariat. See
guidelines, 
				{P: EN_CEGGBECG}
			.
      46.6. A candidate who obtains an absolute majority of the votes cast on the first ballot shall be declared elected. On the second ballot the election shall be by relative majority See also Rule 40.11. .. In the event of a tie, there shall be a third ballot; in the event of a further tie, the older candidate shall be declared elected.
      46.7. The chairperson and the vice-chairpersons of a committee shall remain in office until the opening of the next ordinary session of the Assembly. They may be re-elected for one further term, consecutive or not. A committee chairperson or vice-chairperson elected in the course of a session for an incomplete term may be re-elected for two further terms. A former chairperson of a committee may stand for the office of chairperson or vice-chairperson of the same committee on expiry of a period of four years, for two further terms, consecutive or not. The outgoing chairperson of a committee may stand for the office of chairperson or vice-chairperson of another committee on expiry of a period of two years. A chairperson or vice-chairperson of a committee who has been dismissed from office pursuant to Rule 55 may not be a candidate for the office of chairperson or vice-chairperson of a committee or a sub-committee.

      Rule 47 - Procedure in committee

      47.1. Except as otherwise provided, procedure in committee shall follow that in the Assembly.
      47.2. Index Voting shall be by a majority of the votes cast. Only affirmative
and negative votes shall count in calculating the number of votes
cast (Rule 40.4. ). A committee shall vote by show of hands. For decisions relating to persons, voting shall take place by secret ballot. See
guidelines on voting by secret ballot in committees, 
				{P: EN_CEGGBECG}
			. Except on procedural matters, a vote shall be by roll call if so requested by at least two members. The roll shall be called alphabetically beginning with the letter “A”.
      47.3. A committee may deliberate and take decisions when one third of its members If it is not possible to divide the number
of members of a committee by 3, the quorum shall be calculated on
the basis of the next lower multiple of 3; for example the quorum
for a committee of 85 members shall be 28 and the quorum for a committee of
90 members shall be 30. are present; however, if so requested by one sixth of its members The
number of members who constitute a Committee shall be the number
of Representatives or Substitutes whose appointment to the Committee
has been confirmed by the Assembly in pursuance of Rules 44.3.a.  and 44.7. . When vacant seats are occupied provisionally,
account of this must be taken in the calculation of the quorum in
accordance with Rule 44.9. . before voting begins on a draft opinion, recommendation or resolution as a whole, or on the election or dismissal of the chairperson or vice-chairpersons, the vote may be taken only if a majority of committee members are present.
      47.4. If no quorum exists when a committee begins a meeting which is taking place at the date, time and place which was notified to its members, the chairperson shall have the power to close the meeting and forthwith open a subsequent one during which the committee may deliberate and vote, irrespective of the number of members present. During such a meeting, the agenda sent out to committee members beforehand shall not be changed. The provisions on roll call contained in paragraph 2 above shall not be applicable during such a meeting.
      47.5. Except during part-sessions, documents relating to items on the agenda of a committee meeting shall be despatched to the members at least one week before the date of that meeting. If they are not, and if five or more members object, the items concerned shall be postponed to a later meeting. The objection may be overruled by the committee by a two-thirds majority.
      47.6. The chairperson shall open, suspend and close the meeting and shall direct the committee's debates. He or she may take part in the committee's debates. He or she does not participate in a vote except in the case of a tie. He or she shall ensure observance of the Rules and maintain order.
      47.7. A full member of a committee who is prevented from attending a meeting shall arrange to be replaced by his or her alternate. This
provision does not apply to the Monitoring Committee and to the
Committee on Rules of Procedure, Immunities and Institutional Affairs
which have no alternates. Failing that, the full member may inform the chairperson of the committee which other member of his or her national delegation is authorised to take his or her place. This information should be given to the committee’s
chairperson in writing, before the opening of the meeting concerned (Doc.
8870).
      47.8. The alternate replacing a full member shall have the same rights in committee as the member.
      47.9. Unless the committee decides otherwise, the only texts which shall be made public shall be the reports approved by the committee and statements issued on the responsibility of the chairperson. See
guidelines on the adoption of declarations approved by the Bureau
of the Assembly on 5 March 2015 (Doc. 13750, Appendix 4).

      Rule 48 - Meetings of committees

      48.1. A committee shall meet when convened by its chairperson on his or her own initiative, at the request of one third of the committee members or at the request of the President of the Assembly. According to the ruling adopted by the Standing Committee
on 23 March 1988, Committee meetings shall be held in Strasbourg
or Paris. See 
				{P: EN_CEGFEHGH}
			. Except during part-sessions, the convocation to the meeting shall be sent to members at least seven days before the meeting.
      48.2. Any two or more committees may hold a joint meeting for the examination of subjects coming within their competence, but may not reach a joint decision, except if it is unanimous or on procedural matters. The Chair shall be taken in turns by the chairpersons of each of the participating committees, starting with the longest-serving chairperson or, in the case of equal length of service, the elder.
      48.3. Unless a committee decides otherwise, committee meetings shall be held in private. See the Rules on access to and movement
and security within Council of Europe premises, 
				{P: EN_CEGEIFJD}
			. The Monitoring Committee and the Committee on the Election of Judges to the European Court of Human Rights meet in camera.
      48.4. Members of the Assembly may attend meetings of committees of which they are not members but without the right to speak or vote. However, only members of the Monitoring Committee and members of the Committee on the Election of Judges to the European Court of Human Rights may attend meetings of their respective committees.
      48.5. Subject to paragraph 6 below, members of special guest, observer and partner for democracy delegations appointed to a committee may participate in its meetings and speak if called by the committee chairperson; they shall not have the right to vote. However, a committee may decide in advance that members of such delegations may not attend a meeting or part of a meeting.
      48.6. Meetings of the Joint Committee, the Monitoring Committee, the Committee on Rules of Procedure, Immunities and Institutional Affairs and the Committee on the Election of Judges to the European Court of Human Rights shall not be open to members of special guest, observer and partner for democracy delegations.
      48.7. The conditions on which any person who is not covered by sub-paragraphs 4 to 6 above may be heard by a committee shall be decided by that committee. The participation of elected representatives
of the Turkish Cypriot community to committee work is regulated
by this article, in accordance with Resolution 1376 (2004) and the
decision of the Bureau of the Assembly on 4 October 2004 (see progress report,
appendix VI, Doc. 10294). The participation of two representatives
of the political forces elected to the Kosovo* Assembly in committee
meetings is defined in the decision taken by the Bureau of the Assembly
on 7 March 2013, in accordance with Resolution 1912 (2013) (see
progress report, Doc. 13169).
      48.8. Secretaries of national delegations and secretaries of political groups may attend the meetings of committees of the Assembly, except for those of the Monitoring Committee and the Committee on the Election of Judges to the European Court of Human Rights.
      48.9. The draft minutes of each committee meeting shall be distributed to all the members of the committee, under the conditions stipulated in Rule 47.5. , and shall be presented for the committee’s approval at the opening of the next meeting.

      Rule 49 - Sub-committees

      49.1. Except as otherwise provided in this Rule, procedure in sub-committee shall follow that in committee.
      49.2. A committee may appoint standing or ad hoc sub-committees, whose exact composition and competence it shall determine at the time of appointment. National delegations and political parties or groups shall be fairly represented.
      49.3. A committee of 85, 90, 91 or 93 seats may not appoint more than three standing sub-committees, and a committee of 38 or 22 seats may not appoint more than two, unless authorised by the Bureau of the Assembly with a two-thirds majority. This provision does not apply
to the Monitoring Committee. See Resolution 1115 (1997) which however
authorises the Committee to set up sub-committees on the monitoring
of specific obligations and commitments of member states or groups
of member states. The Bureau also authorised a derogation from the
rule limiting the number of sub-committees regarding the Sub-Committee
on the Europe Prize for the committee concerned.
      49.4. An ad hoc sub-committee shall cease to exist once the committee has considered its report.
      49.5. A standing or ad hoc sub-committee not re-appointed during the first part of an ordinary session shall cease to exist.
      49.6. The number of members of a sub-committee may not exceed one third At its meeting on 25 November 1991, the Standing Committee
specified that “if it is impossible to divide the number of members
of a committee by three, the third of the full membership shall
be calculated on the basis of the next higher multiple of three”
(see Progress Report of the Bureau and the Standing Committee, Doc. 6543). of the full membership of the committee. An alternate from the same national delegation may be appointed for each full member. In addition, the chairperson of the committee shall ex officio be a full member of any of its sub-committees. No member of the committee may be a member of more than two of its sub-committees. The Committee on Rules of Procedure and Immunities held (AS/Pro
(2001) 7) that the term “member” included full members and alternates
of sub-committees. The Bureau authorised a derogation from the rule
which forbid multiple memberships of sub-committees regarding the
Sub-Committee on the Europe Prize for members of the committee concerned.
      49.7. The Bureau of a sub-committee shall include the chairperson and the vice-chairperson. Elections shall be held in accordance with the procedures laid down in paragraphs 2, 4 to 6 of Rule 46 while taking into account the principle of gender equality. Full members of the sub-committee who have been members of the sub-committee for at least one year This provision does not apply
to new sub-committees. may be candidates for the office of chairperson or vice-chairperson of the sub-committee. A single candidate put forward for any office shall be declared elected without a vote. The chairperson and the vice-chairperson of a sub-committee may be re-elected for one further term, consecutive or not. On expiry of a period of four years, they may be again elected for two new consecutive or non-consecutive terms. A chairperson or vice-chairperson of a sub-committee elected in the course of a session for an incomplete term to replace the chairperson or the vice-chairperson previously elected during the session may be re-elected for two further terms.
      49.8. A sub-committee shall inform the appointing committee of its work, which shall approve its decisions.

      Rule 50 - Reports of committees

      50.1. A committee shall appoint one rapporteur for each subject, who shall be responsible for the preparation of the report of the committee and for presenting it to the Assembly. The Monitoring Committee shall appoint two co-rapporteurs. See Resolution 1115 (1997) modified, 
				{P: EN_CEGEDIFJ}
			. For the appointment of rapporteurs, the committees shall take into consideration the following criteria by order of priority: competence and availability, fair representation of political groups (based on the d’Hondt system), gender-balanced representation, geographical and national balance. A member of the Assembly who is simultaneously rapporteur for five reports or opinions under preparation, on behalf of one or more committees, may not be appointed rapporteur. Reports or opinions under
preparation are those which have still not been debated by the Assembly
or the Standing Committee. In the exercise of their duties, the rapporteurs shall comply with the rules set forth in the code of conduct for rapporteurs of the Parliamentary Assembly. See the Code of conduct for rapporteurs of the Parliamentary
Assembly, 
				{P: CHDBFHJD}
			. A rapporteur shall remain in charge of the follow-up to his or her report for a term of one year after the adoption of the text by the Assembly.
      50.2. Index The report of a committee shall normally contain one or more draft texts:
      - recommendations or opinions addressed to the Committee of Ministers;
      - resolutions. See Rule 25  above.
      Only these texts may be voted upon in committee, and the results of such votes shall be included in the report. Only these texts may be voted upon by the Assembly or the Standing Committee.
      50.3. A committee seized for an opinion on the report of another committee may submit its opinion in writing or orally. See also Rule 33.2.  above. If in writing it should contain a chapter at the beginning entitled “Conclusions of the committee”, and an explanatory memorandum by the rapporteur.
      50.4. The report of a committee shall also contain an explanatory memorandum by the rapporteur. The committee shall take note of it. Any dissenting opinions expressed in the committee shall be included therein at the request of their authors, preferably in the body of the explanatory memorandum, but otherwise in an appendix or footnote. A
dissenting opinion shall be included in the report in the form laid
down in Rule 50.4.  as approved
by the committee when adopting the report. The text, drafted in
one of the Assembly’s two official languages and no longer than
500 words, shall be submitted by the committee member who expressed
his/her dissenting opinion during the meeting, within 48 hours after
the meeting. A dissenting opinion cannot be included in a committee
opinion. At the Assembly sitting on 1 April 2003, the President of
the Assembly indicated that “Rule [50.4] should be interpreted to
mean that dissenting opinions must be tabled together with, and
as part of, the report to which they refer.”
      50.5. The adoption of the draft text and taking note of the explanatory memorandum shall constitute the committee’s approval of the report as a whole. Any report thus approved shall be tabled and published as an official Assembly document. If, after the tabling of a report, important developments occur, the committee may approve an addendum to it.
      50.6. Committees may table information reports, which shall not be subject to a vote in the Assembly.
      50.7. Committees may appoint one or more general rapporteurs whose terms of reference and term of office they shall determine beforehand. The terms of reference shall be submitted to the Bureau for approval and its decision shall be subject to ratification by the Assembly. As of
1 January 2019, eleven general rapporteurs are in office: general
rapporteur on the abolition of the death penalty, general rapporteur
on the situation of human rights defenders, general rapporteur on
local and regional authorities, general rapporteur on ending immigration
detention of children, general rapporteur on conditions of reception
of refugees and migrants, general rapporteur on science and technology
impact assessment, general rapporteur on media freedom and safety
of journalists, general rapporteur on violence against women, general
rapporteur on the rights of lesbian, gay, bisexual, transgender
and intersex people, general rapporteur on combating racism and
intolerance, general rapporteur on the budget and the intergovernmental programme.