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Collection of written amendments (Final version)

  • Doc. 14396
  • Call for a Council of Europe Summit to reaffirm European unity and to defend and promote democratic security in Europe

Draft resolution

1The Parliamentary Assembly is concerned that, at present, momentous political challenges, both within and outside Europe’s borders, are threatening the continent and its unity: the daily risk of terrorist attacks, the rise of Euroscepticism, nationalism, populism and xenophobia, the persistence of frozen and open conflicts, the annexation or occupation of a neighbour’s territories, the prolongation of state of emergency measures and the re-emergence of divisions. Wars at the doors of Europe threaten the security of the continent and have caused massive refugee and migratory flows.

2The efficiency and authority of the unique human rights protection system, based on the European Convention on Human Rights (ETS No. 5), are threatened by various attempts to undermine the authority of the European Court of Human Rights, by the lack of political will on the part of certain States Parties to implement its judgments, despite their legally binding force, or by delays in their implementation.

Tabled by Mr Oleksii GONCHARENKO, Ms Olena SOTNYK, Mr Vladyslav GOLUB, Mr Nigel EVANS, Mr Kostiantyn USOV, Mr Serhii KIRAL, Mr Arkadiusz MULARCZYK, Mr Viktor VOVK
In the draft resolution, at the end of paragraph 2, insert the following words: "As a prominent example of such a threat, in 2015, the Russian Federation gave its constitutional court the power to overturn the decisions of the ECHR."

3Recent developments within the European Union, including ongoing infringement and rule of law procedures against some of its member States, the lack of solidarity in the handling of the refugee and migratory crisis, as well as the decision by the United Kingdom to leave the European Union, also present challenges for the Council of Europe, as it offers a unique forum of co-operation between European States which are members of the European Union and those which are not.

4Against this background, the Assembly believes that the Council of Europe and the values it upholds are today more necessary than ever: at the origin of the European construction, bringing together almost all the European States on the basis of common values and principles and thus natural guardian of “unity within diversity”, offering a common legal space to 835 million Europeans, guaranteeing protection of their human rights, promoting social rights and democracy and contributing to the development of a European civil society, the Council of Europe is today best placed to help meet the challenges raised by growing nationalism and avoid the building of new walls.

5Alongside the European Union, whose far-reaching integration project will never cover the whole continent, and the Organization for Security and Co-operation in Europe (OSCE), which also covers non-European States, the Council of Europe, composed of 47 European States, remains the only pan-European organisation capable of promoting and guaranteeing democratic security throughout the continent.

6In order to preserve and further strengthen this unique pan-European project, currently threatened by divisions and a weakening of member States’ commitment, the Assembly calls for a Fourth Summit of Heads of State and Government of Council of Europe member States.

7In a Europe which has profoundly changed since the last Summit, held in Warsaw in 2005, and at a time when the whole world seems to be changing, a Summit will offer member States a unique opportunity to reaffirm, in the strongest possible terms and at the highest political level, their commitment to the ideal of European unity and the values and principles of democracy, human rights and the rule of law upheld by the Council of Europe. Member States should clearly express their willingness to continue to be part of a single community, sharing common values, a common legal order and a common jurisdiction, and capable of capitalising on internal differences.

8The Fourth Summit should be well-focused and could, inter alia, offer political impetus to:

8.1enhance the efficiency and authority of the human rights protection system, based on the European Convention on Human Rights, reverse current tendencies undermining the authority of the European Court of Human Rights and improve the record of implementation of its judgments by member States;

8.2strengthen the treaty system of the European Social Charter, including its collective complaint system, reaffirming the fact that only the enjoyment of socio-economic rights and social inclusion allow people to fully enjoy their political and civil rights;

Tabled by Ms Stella KYRIAKIDES, Mr Stefan SCHENNACH, Mr Luís LEITE RAMOS, Baroness Doreen MASSEY, Ms Martine MERGEN, Mr Serhii KIRAL, Ms Sevinj FATALIYEVA, Ms Carina OHLSSON, Ms Petra De SUTTER, Mr Piet De BRUYN, Mr Ertuğrul KÜRKÇÜ
In the draft resolution, paragraph 8.2, after the words "including its collective complaint system", insert the following words: "and its monitoring machinery (in particular regarding the election of the members of the European Committee of Social Rights by the Assembly)".

8.3encourage member States to adopt effective measures against growing poverty and modern slavery thus reassuring European citizens that the European institutions are not indifferent to their problems and the concrete conditions of their everyday life;

8.4recognise the valuable contribution of the Council of Europe Commissioner for Human Rights to the development of sustainable human rights-centred policies at national and local level throughout the continent, as well as the role played by the Organisation’s standard-setting and monitoring bodies;

8.5enhance the Council of Europe’s mission both as guardian and innovator of democracy, including by strengthening the role of the Parliamentary Assembly as a strong pillar of European parliamentarism, bringing together representatives of the citizens from almost all European States, and consolidating the role of the European Commission for Democracy through Law (Venice Commission) as a constitutional law expert body promoting democracy within and outside Europe’s borders.

Tabled by Mr Oleksii GONCHARENKO, Ms Olena SOTNYK, Mr Vladyslav GOLUB, Mr Nigel EVANS, Ms Cheryl GILLAN, Mr Arkadiusz MULARCZYK, Mr Kostiantyn USOV, Mr Serhii KIRAL, Mr Viktor VOVK
In the draft resolution, after paragraph 8.5, insert the following paragraph:
"open discussions regarding systematic violations of the Statute of the Council of Europe and the values of the Council of Europe by its member states, and mechanisms to deter and discontinue such behaviour by national delegations."

9The Summit should also aim at consolidating citizens’ trust in democratic institutions and democratic values and propose ways to increase citizens’ participation and consultation with civil society in search of common solutions to common problems. It could thus bring the Organisation closer to the people it serves and contribute to the emergence of a European civil society.

10At a time when the European Union is facing numerous challenges and is also reflecting on the future of Europe, the Summit would offer a fresh and timely opportunity to define, at the highest political level, the role to be played by the Council of Europe in the overall European political architecture. In a Europe of concentric circles, the Heads of State and Government from the 47 member States of the Council of Europe, representing the widest circle, should rethink, in an innovative and creative way, how to avoid unnecessary overlapping, ensure coherence of standards and how best to harmonise the various levels of their co-operation, in the interest first and foremost of European citizens.

Tabled by Ms Arpine HOVHANNISYAN, Mr Filippo LOMBARDI, Ms Ria OOMEN-RUIJTEN, Ms Ingjerd SCHOU, Mr Rustam MAKHMUDYAN, Mr Joseph O'REILLY
In the draft resolution, paragraph 10, replace the second sentence with the following sentences: "In a Europe of concentric circles, the Heads of State and Government from the 47 member States of the Council of Europe, representing the widest circle, should ensure coherence of standards between the Council of Europe and the European Union, avoid overlapping and best harmonise the various levels of their co-operation, in the foremost interest of European citizens. For this purpose, the Assembly asks member states to discuss again the 2006 report "A sole ambition for Europe" and to decide a specific timetable to implement the proposals contained therein in order to remove any overlap between the Council of Europe and the European Union."

11The Assembly notes that an efficient preparation of the Summit requires the development of synergies between all sectors of the Organisation, co-ordinated by its Secretary General, and more significantly between its two statutory organs. Although the primary responsibility lies with the Committee of Ministers, the Assembly, enhanced by recent reforms, should expect to play an important role in the preparation of the Summit, especially as it has been promoting this idea for several years.

12In this respect, there is currently an inconsistency in the composition of the two statutory organs: following the illegal annexation of Crimea by the Russian Federation and the application, on these grounds, by the Assembly of sanctions to the Russian parliamentary delegation, for three consecutive years one of the Council of Europe member States, the Russian Federation, has participated in the activities and been represented in the bodies of only one of the two statutory organs of the Organisation, namely the Committee of Ministers, but not of the Assembly. The Assembly regrets that, as a reaction to this situation, the Russian Federation announced, on 30 June 2017, its decision to suspend payment of its contribution to the budget of the Council of Europe for 2017 until full and unconditional restoration of the credentials of the delegation of its Federal Assembly in the Parliamentary Assembly of the Council of Europe.

(If adopted, amendment 1 falls)
Tabled by Mr Oleksii GONCHARENKO, Ms Olena SOTNYK, Mr Vladyslav GOLUB, Mr Nigel EVANS, Mr Kostiantyn USOV, Mr Serhii KIRAL, Mr Arkadiusz MULARCZYK, Mr Viktor VOVK
In the draft resolution, replace paragraph 12 with the following paragraph:
In this respect, there is currently an inconsistency in the composition of the two statutory organs: as a response to the annexation of Crimea and military aggression against Ukraine, the Assembly was forced to impose sanctions against the Russian parliamentary delegation for three consecutive years. Consequently, the Russian Federation has participated in the activities and been represented in the bodies of only one of the two statutory organs of the Organisation, namely the Committee of Ministers, but not of the Assembly. Instead of fulfilling a list of demands, upon which the restoration of the credentials of the Russian parliamentary delegation is conditional, the Russian Federation announced, on 30 June 2017, its decision to suspend payment of its contribution to the budget of the Council of Europe for 2017. Such a measure, which is far too close to blackmail, is unacceptable. When a member state violates obligations it has undertaken, it should face appropriate, proportionate, and enforceable consequences."
(Falls if amendment 7 is adopted)
Tabled by Mr Oleksii GONCHARENKO, Ms Olena SOTNYK, Mr Serhii KIRAL, Mr Volodymyr ARIEV, Mr Vladyslav GOLUB, Ms Nino GOGUADZE, Lord George FOULKES, Mr Andres HERKEL, Mr Andrii LOPUSHANSKYI, Mr Giorgi KANDELAKI, Mr Emanuelis ZINGERIS, Mr Georgii LOGVYNSKYI, Mr Kostiantyn USOV, Mr Viktor VOVK, Mr Serhiy SOBOLEV
In the draft resolution, paragraph 12, replace the second sentence with the following sentences: "The Russian Federation failed to comply with numerous requests of the Parliamentary Assembly, which constitute the necessary conditions under which the decision to suspend certain rights of the Russian delegation in the Assembly could be reviewed. On the contrary, the Russian Federation continues to brutally violate its obligations under the Statute of the Council of Europe, as well as its commitments upon accession to the Council of Europe. The recent decision of the Russian Federation to suspend payment of its contribution to the budget of the Council of Europe for 2017 until full and unconditional restoration of the credentials of the delegation of its Federal Assembly in the Parliamentary Assembly of the Council of Europe is another grave violation of the organisation's Statute and might be considered a form of political blackmail."

13The Assembly considers that the overall situation in the Organisation is today counterproductive, particularly as it adversely affects its overall impact as a guardian of human rights and democracy throughout the continent, and therefore it is not in the interest of the citizens of the 47 member States.

Tabled by Mr Oleksii GONCHARENKO, Ms Olena SOTNYK, Mr Serhii KIRAL, Mr Volodymyr ARIEV, Mr Vladyslav GOLUB, Ms Nino GOGUADZE, Lord George FOULKES, Mr Andres HERKEL, Mr Andrii LOPUSHANSKYI, Mr Giorgi KANDELAKI, Mr Emanuelis ZINGERIS, Mr Georgii LOGVYNSKYI, Mr Kostiantyn USOV, Mr Viktor VOVK, Mr Serhiy SOBOLEV
In the draft resolution, paragraph 13, after the words "The Assembly considers that", insert the following words: ", due to the systematic violations of statutory obligations by some member states and their destructive actions towards the bodies of the Council of Europe,".

14The Assembly notes that the Statute of the Council of Europe (ETS No. 1), as supplemented by Statutory Resolution (51) 30, provides for synergy between the two statutory organs as regards membership of the Organisation.

15However, over the years, and in particular after the Organisation’s enlargement during the 90s, the Assembly has developed rules governing the participation and representation rights of members of national delegations in its own activities and bodies which do not provide for any kind of synergy or coherence with the Committee of Ministers.

(If adopted, amendment 8 falls)
Tabled by Mr Eerik-Niiles KROSS, Mr Andres HERKEL, Mr Georgii LOGVYNSKYI, Mr Emanuelis ZINGERIS, Mr Egidijus VAREIKIS, Mr Volodymyr ARIEV, Ms Inese LĪBIŅA-EGNERE, Ms Nellija KLEINBERGA, Mr Andris BĒRZINŠ
In the draft resolution, delete paragraph 15.
(Falls if amendment 14 is adopted)
Tabled by Mr Oleksii GONCHARENKO, Ms Olena SOTNYK, Ms Iryna GERASHCHENKO, Mr Valeriu GHILETCHI, Mr Andrii LOPUSHANSKYI, Mr Leonid YEMETS, Mr Boryslav BEREZA, Mr Serhiy SOBOLEV, Mr Egidijus VAREIKIS, Mr Kostiantyn USOV, Mr Jarosław OBREMSKI, Mr Andrzej WOJTYŁA, Mr Giorgi KANDELAKI
In the draft resolution, at the end of paragraph 15, replace the words "which do not provide for any kind of synergy or coherence with" with the following words: "adhering to the principle of autonomy of the Assembly and".

16Therefore the Assembly, as part of the preparatory work for the Summit, resolves to initiate a procedure aimed at harmonising, jointly with the Committee of Ministers, the rules governing participation and representation of member States in both statutory organs, while fully respecting the latters’ autonomy. This coherence should strengthen the sense of being part of a community and the obligations incumbent upon every member State.

(If adopted, amendment 9 falls)
Tabled by Mr Eerik-Niiles KROSS, Mr Andres HERKEL, Mr Georgii LOGVYNSKYI, Mr Emanuelis ZINGERIS, Mr Egidijus VAREIKIS, Mr Volodymyr ARIEV, Ms Inese LĪBIŅA-EGNERE, Ms Nellija KLEINBERGA, Mr Andris BĒRZINŠ
In the draft resolution, delete paragraph 16.
(Falls if amendment 15 is adopted)
Tabled by Mr Oleksii GONCHARENKO, Ms Olena SOTNYK, Ms Iryna GERASHCHENKO, Mr Andrii LOPUSHANSKYI, Mr Leonid YEMETS, Mr Boryslav BEREZA, Mr Serhiy SOBOLEV, Mr Egidijus VAREIKIS, Mr Kostiantyn USOV, Mr Andrzej WOJTYŁA, Mr Giorgi KANDELAKI
In the draft resolution, replace paragraph 16 with the following paragraph:
"Therefore the Assembly, as part of the preparatory work for the Summit, resolves to initiate cooperation within existing procedures governing the participation and representation of member States in both statutory organs, while fully respecting the latters' autonomy. This coordination should strengthen both the sense of being part of a community and the obligations incumbent upon every member State.".

17This common reflection could be carried out jointly by the Assembly and the Committee of Ministers within an ad hoc working group set up by the Joint Committee. For this process to be credible and fruitful, the whole Assembly and every single member State should do their utmost to ensure that all member States of the Organisation will be fully represented in the process on both the parliamentary and intergovernmental sides.

(If adopted, amendments 12 11 falls)
Tabled by Mr Oleksii GONCHARENKO, Ms Olena SOTNYK, Ms Iryna GERASHCHENKO, Mr Andrii LOPUSHANSKYI, Mr Leonid YEMETS, Mr Boryslav BEREZA, Mr Serhiy SOBOLEV, Mr Egidijus VAREIKIS, Mr Kostiantyn USOV, Mr Jarosław OBREMSKI, Mr Andrzej WOJTYŁA, Mr Giorgi KANDELAKI
In the draft resolution, delete paragraph 17.
(If adopted, amendments 12 11 falls)
Tabled by Mr Eerik-Niiles KROSS, Mr Andres HERKEL, Mr Georgii LOGVYNSKYI, Mr Emanuelis ZINGERIS, Mr Egidijus VAREIKIS, Mr Volodymyr ARIEV, Ms Inese LĪBIŅA-EGNERE, Ms Nellija KLEINBERGA, Mr Andris BĒRZINŠ
In the draft resolution, delete paragraph 17.
(If adopted, amendment 11 falls)
(Falls if amendments 10 16 are adopted)
Tabled by Mr Oleksii GONCHARENKO, Ms Olena SOTNYK, Ms Iryna GERASHCHENKO, Mr Andrii LOPUSHANSKYI, Mr Leonid YEMETS, Mr Boryslav BEREZA, Mr Serhiy SOBOLEV, Mr Egidijus VAREIKIS, Mr Kostiantyn USOV, Mr Jarosław OBREMSKI, Mr Andrzej WOJTYŁA, Mr Giorgi KANDELAKI
In the draft resolution, paragraph 17, delete the second sentence.
(Falls if amendments 12 10 16 are adopted)
Tabled by Mr Oleksii GONCHARENKO, Ms Olena SOTNYK, Ms Iryna GERASHCHENKO, Mr Valeriu GHILETCHI, Mr Andrii LOPUSHANSKYI, Mr Leonid YEMETS, Mr Boryslav BEREZA, Mr Serhiy SOBOLEV, Mr Egidijus VAREIKIS, Mr Kostiantyn USOV, Mr Jarosław OBREMSKI, Mr Andrzej WOJTYŁA, Mr Giorgi KANDELAKI
In the draft resolution, at the end of paragraph 17, replace the words "on both the parliamentary and intergovernmental sides" with the following words: "in strict compliance with the current PACE resolutions".

18In the meantime, and as part of the preparatory work for the Summit, the Assembly resolves to continue its own reflection on its identity, role and mission as a statutory organ of the Council of Europe and a pan-European forum for inter-parliamentary dialogue which aims at having an impact in all Council of Europe member States. This reflection would also enable the Assembly to provide its own vision of the future of the Organisation.

Draft recommendation

1The Parliamentary Assembly refers to its Resolution … (2017) on the call for a Council of Europe Summit to reaffirm European unity and to defend and promote democratic security in Europe, in which it expresses its concern about the numerous challenges currently threatening the European continent and its unity. Against this background, and for the reasons given in its resolution, the Assembly believes that the Council of Europe, and the values it upholds, is today more necessary than ever.

2In order to preserve and further strengthen the pan-European project in a Europe which has profoundly changed since the last Summit held in Warsaw 12 years ago, the Assembly calls on the Committee of Ministers to convene a Fourth Summit of Heads of State and Government of Council of Europe member States. This will offer a unique opportunity for member States to reaffirm, in the strongest possible terms and at the highest political level, their commitment to the ideal of European unity and the common values and principles of democracy, human rights, and the rule of law upheld by the Organisation.

3The Assembly recommends that the Fourth Summit be well-focused and provide political impetus for a number of specific actions suggested in a non-exhaustive manner in its resolution. It should also offer a fresh and timely opportunity to define, at the highest political level, the role to be played by the Council of Europe in the overall European political architecture and address outstanding challenges in its relations with the European Union, in the interest of European citizens.

Tabled by Ms Arpine HOVHANNISYAN, Ms Ria OOMEN-RUIJTEN, Mr Filippo LOMBARDI, Mr Rustam MAKHMUDYAN, Mr Valeriu GHILETCHI, Mr Joseph O'REILLY, Ms Ingjerd SCHOU
In the draft recommendation, paragraph 3, second sentence, after the words "relations with the European Union,", insert the following words: "in the light, inter alia, of the 2006 report "A sole ambition for Europe".

4Although the primary responsibility for the organisation of a Summit lies with the Committee of Ministers, the Assembly underlines that an efficient preparation of the Summit requires the development of synergies between all sectors of the Organisation, co-ordinated by its Secretary General, and more significantly between its two statutory organs. The Assembly therefore asks the Committee of Ministers to:

4.1closely associate the Assembly in the preparation of the draft agenda and draft declaration of the Fourth Summit;

4.2consider its proposal, as part of the preparatory work for the Summit and for the reasons and according to the modalities described in its resolution, to engage in a procedure aimed at harmonising jointly the rules governing participation and representation of member States in both statutory organs, while fully respecting the latters’ autonomy.

(If adopted, amendment 5 falls)
Tabled by Mr Eerik-Niiles KROSS, Mr Andres HERKEL, Mr Georgii LOGVYNSKYI, Mr Emanuelis ZINGERIS, Mr Egidijus VAREIKIS, Mr Volodymyr ARIEV, Ms Inese LĪBIŅA-EGNERE, Ms Nellija KLEINBERGA, Mr Andris BĒRZINŠ
In the draft recommendation, delete paragraph 4.2.
(Falls if amendment 13 is adopted)
Tabled by Mr Oleksii GONCHARENKO, Ms Olena SOTNYK, Mr Vladyslav GOLUB, Mr Nigel EVANS, Mr Kostiantyn USOV, Mr Serhii KIRAL, Mr Arkadiusz MULARCZYK, Mr Viktor VOVK
In the draft recommendation, paragraph 4.2, replace the words "and representation" with the following words: "representation, and responsibilities".