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Resolution 1710 (2010) Final version
Term of office of co-rapporteurs of the Monitoring Committee
1. The monitoring procedure of the
Parliamentary Assembly is a powerful tool through which it is possible to
verify that Council of Europe member states fulfil their obligations
assumed under the terms of the Statute of the Council of Europe,
the European Convention on Human Rights (ETS No. 5) and all other
Council of Europe conventions to which they are parties, as well
as honour the specific commitments they may have entered into, upon
accession to the Organisation. The strength of this procedure lies
in the constant and comprehensive monitoring of the situation in
the countries concerned by independent and impartial co-rapporteurs,
appointed in accordance with objective and verifiable criteria.
2. The Assembly considers that, in order to increase the effectiveness
of the monitoring procedure, the co-rapporteurs of the Monitoring
Committee should be regularly renewed. This will ensure that a “fresh
look” is given to the situation in a given country and that good
and bad practices and experiences learnt in countries under monitoring
are shared. Overall, this will contribute to developing a harmonised
approach to different countries covered by the Assembly monitoring
procedure. At the same time, the Assembly considers it necessary
to incorporate the formal criteria used by the Monitoring Committee
in the appointment of co-rapporteurs into Resolution 1115 (1997) on the setting
up of an Assembly committee on the honouring of obligations and
commitments by member states of the Council of Europe (Monitoring
Committee).
3. The Assembly believes that post-monitoring dialogue is an
essential element of the Assembly’s monitoring procedure which helps
stimulate progress towards better democracy and stronger respect
for human rights and the rule of law in the member states which
have fulfilled the specific commitments entered into upon accession.
In order to harmonise the approach to monitoring and post-monitoring,
the Assembly considers that rapporteurs engaged in post-monitoring
dialogue should be appointed according to the same rules and criteria
as the co-rapporteurs engaged in the monitoring procedure.
4. The Assembly considers that, in order to ensure the smooth
running of the procedure, the Monitoring Committee should, as far
as possible, aim to avoid replacing at the same time both co-rapporteurs
engaged in the monitoring procedure with respect to a given state.
However, should this happen, in order to ensure the continuity of
the monitoring process, the committee should be allowed to extend,
where appropriate and feasible, the term of office of one of the
co-rapporteurs by a maximum of six months, in order to allow the
new co-rapporteur to become acquainted with the file and take over
her or his duties progressively.
5. In the light of the above considerations, the Assembly decides
to modify Resolution
1115 (1997) and the specific terms of reference of the
Monitoring Committee, appended thereto, as follows:
5.1. in Resolution 1115 (1997), paragraph
11 shall be modified as follows:
“11.1. The Monitoring Committee shall appoint two of its members co-rapporteurs in respect of each member state for which a monitoring procedure is initiated. Without prejudice to Rule 48.1 of the Rules of Procedure, the co-rapporteurs shall be appointed on the basis of the following criteria:
− no co-rapporteur shall deal with more than one state at the same time;
− no co-rapporteur shall belong to a neighbouring state or to a state with a special relationship with the state being monitored;
− the two co-rapporteurs shall come from different countries and belong to different political groups.
11.2. In respect of each member state under monitoring, the co-rapporteurs shall be appointed for no longer than five years. No member of the committee may be re-appointed co-rapporteur for a given state under the monitoring procedure within five years of the end of his or her previous term of office for the same state.
11.3. As far as possible, the committee should avoid replacing at the same time both co-rapporteurs engaged in a monitoring procedure with respect to a given state.
11.4. In the interest of the smooth running of the monitoring procedure, the committee may decide to extend, where appropriate and feasible, the term of office of one of the co-rapporteurs by a maximum of six months, in particular, in order to enable the latter to present a report which has already been included in the agenda of an Assembly part session.”;
5.2. in Resolution
1115 (1997), a new paragraph 12 shall be introduced as
follows:
“12.1. The Monitoring Committee shall appoint one of its members rapporteur on a member state engaged in the post-monitoring dialogue. A rapporteur on post-monitoring dialogue shall be appointed according to the same criteria as those established by the present resolution and the Rules of Procedure of the Assembly for the appointment of co-rapporteurs engaged in the monitoring procedure.
12.2. The term of office of the rapporteur for post-monitoring dialogue shall be no longer than five years. No member who was previously engaged in the monitoring procedure with respect to a given state may be appointed rapporteur on the post-monitoring dialogue with the same state unless the Monitoring Committee decides otherwise.
12.3. No member of the committee may be re-appointed rapporteur for a given state engaged in post-monitoring dialogue within five years of the end of his or her previous term of office for dialogue with the same state.
12.4. In the interest of the smooth running of the post-monitoring dialogue, the committee may decide to extend, where appropriate and feasible, the term of office of the rapporteur by a maximum of six months, in order to enable the latter to present a report which has already been included in the agenda and order of business of an Assembly part session.”;
5.3. in the specific terms of reference of the Monitoring Committee,
adopted by Resolution 1431 (2005) on
the initiation of a monitoring procedure and post-monitoring dialogue,
in the second sentence of paragraph 4, the words “the Chairperson,
or if appropriate, a Vice-Chairperson of the Monitoring Committee”
shall be replaced with the words “the rapporteur”;
5.4. in the specific terms of reference of the Monitoring Committee,
appended to the revised Resolution
1115 (1997), paragraph 9 shall be modified as follows:
“When reporting to the Assembly on post-monitoring dialogue carried out with a member state upon the decision of the Assembly, the Monitoring Committee shall prepare a report which includes a draft resolution stating whether the post-monitoring dialogue with this state should be concluded. The Assembly shall decide on this matter by a majority of votes cast.”
6. In order to give time to the political groups of the Assembly
to take the above amendments fully into account in the process of
appointing candidates for membership in the Monitoring Committee,
the Assembly decides that the amendments to Resolution 1115 (1997) shall enter
into force at the opening of the 2010 June part-session (21-25 June
2010).
6.1. Given the need to avoid
replacing both co-rapporteurs at the same time, if the terms of
office of both co-rapporteurs of the Monitoring Committee with respect
to a country under the monitoring procedure come to an end at the
same time, the committee shall be allowed to proceed first with
the replacement of the co-rapporteur whose term of office has been
the longest. In this case, the term of office of the second co-rapporteur
may be extended, where appropriate and feasible, by a maximum of six
months.
6.2. As a transitional measure, the acting co-rapporteurs whose
term of office expires on the day of the entry into force of the
present amendments to Resolution
1115 (1997) shall be allowed to present their reports
to the Assembly, if the relevant debates have been included in the
agenda of the Assembly’s 2010 June and September part-sessions.
6.3. For the purposes of the present resolution, the term of
office of co-rapporteurs shall count from the day of appointment,
even if this appointment took place before the date of the opening
of the 2010 June part-session.
7. In the light of the changes which this resolution and Resolution 1698 (2009) on
amendments of various provisions of the Parliamentary Assembly’s
Rules of Procedure have made to the monitoring and post-monitoring
dialogue procedures and the Monitoring Committee’s terms of reference,
the Assembly considers it necessary to pursue the consideration
being given to the harmonisation of all the relevant regulatory
and para-regulatory provisions and asks its competent committee
to submit any proposals in this respect.