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Resolution 1936 (2013) Final version
Harmonisation of regulatory and para-regulatory provisions of monitoring and post-monitoring dialogue procedures
1. Since the introduction, by Resolution 1115 (1997) on
setting up of an Assembly committee on the honouring of obligations
and commitments by member states of the Council of Europe (Monitoring
Committee), of an ad hoc mechanism monitoring the obligations and
commitments entered into by Council of Europe member States, implemented
by a specific Parliamentary Assembly committee created by that document,
the Assembly has taken the opportunity on several occasions to improve
the procedure enabling it to check that Council of Europe member
States honour the obligations contracted by them under the Statute
of the Council of Europe (ETS No. 1), the European Convention on
Human Rights (ETS No. 5) and all the Organisation’s other conventions
to which they are party, as well as the specific commitments they
may have entered into upon joining the Council of Europe.
2. The Assembly refers to the recent progress reports presented
by its Monitoring Committee, setting out various proposals for making
monitoring and post-monitoring procedures more efficient and giving
the committee's work greater impact.
3. In this connection, the Assembly considers that the frequency
of presentation of monitoring and post-monitoring reports to the
Assembly should be revised so that one report is presented to the
Assembly at least once every three years on each country monitored
or involved in post-monitoring dialogue.
4. Furthermore, where the examination of an application to open
or reopen a monitoring procedure is concerned, within the framework
of discussion on the establishment of a time limit for the Monitoring
Committee to decide whether or not to open a monitoring procedure
with regard to a member State, the Assembly considers it expedient
to endorse the methodology followed by the Monitoring Committee
when examining such an application, in so far as this promotes constructive
and substantial dialogue and the seeking of effective solutions
to the political or legal problems signalled; it also considers
that the duration of the committee's examination of an application
to open or reopen a monitoring procedure must be in line with the common
time limit laid down by the Rules of Procedure for ordinary references
to committees, in Rule 25.4, namely two years.
5. Finally, the Monitoring Committee must be able to express
an opinion on institutional developments in all Council of Europe
member States, where these cause concern over the honouring of their
statutory and convention-based obligations. The Assembly considers
that the Monitoring Committee's terms of reference must formally
provide for the possibility of it preparing a report on the functioning
of democratic institutions in a member State, on the basis of a
motion for a resolution or for a recommendation examined in accordance with
Rule 25 of the Rules of Procedure, concerning references to committees.
6. In this connection, the Assembly reiterates that it expects
member States to fully co-operate with the Monitoring Committee,
whether within the framework of a monitoring procedure or post-monitoring
dialogue or in connection with the examination of an application
to open or reopen a monitoring procedure, or the examination of
the functioning of their democratic institutions.
7. In the light of the aforegoing, the Assembly decides to further
amend Resolution 1115
(1997) as follows:
7.1. in Resolution 1115 (1997),
paragraph 14, replace the words “at least once every two years on each
country being monitored and at least once every four years on each
country involved in a post-monitoring dialogue” with “at least once
every three years on each country being monitored or involved in
post-monitoring dialogue”;
7.2. in the terms of reference of the Committee on the Honouring
of Obligations and Commitments by Member States of the Council of
Europe (Monitoring Committee), after paragraph 1, add the following paragraph:
“The member States shall fully co-operate with the Monitoring Committee
within the framework of the present terms of reference”;
7.3. in the terms of reference of the Monitoring Committee,
at the end of paragraph 3, add the following sentence: “References
to the Monitoring Committee requesting examination of such applications
under the procedure provided for in paragraph 4 shall lapse after
two years, in accordance with Rule 25.4 of the Rules of Procedure
of the Assembly”;
7.4. in the terms of reference of the Monitoring Committee,
after paragraph 5, add the following paragraph: “The Monitoring
Committee shall examine questions concerning the functioning of democratic
institutions in Council of Europe member States, taking account
of their statutory and convention-based obligations, in accordance
with Rule 25 of the Rules of Procedure. Paragraph 11 of Resolution 1115 (1997) shall
apply accordingly”.
8. The Assembly decides that these amendments shall enter into
force upon the adoption of the present resolution.