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Resolution 2287 (2019)
Strengthening the decision-making process of the Parliamentary Assembly concerning credentials and voting
1. As it celebrates its 70th anniversary,
the Parliamentary Assembly reiterates its commitment, as one of the
statutory organs of the Council of Europe, to resolutely promote
the aims of the Organisation, as set forth in the preamble to and
Articles 1 and 3 of the Statute of the Council of Europe (ETS No. 1).
It recalls the numerous resolutions and recommendations it has adopted
over the last few decades both to strengthen its capacity to act
in this area and to state its position on the failure of given member
States to honour the statutory obligations they entered into upon
joining the Council of Europe.
2. As it has done regularly in the past, the Assembly intends
to constructively analyse the consistency, relevance, effectiveness
and legitimacy of its procedures and mechanisms in the light of
the goals it has set itself. It may find it necessary to change
its practices and adjust its rules, were a revision of its procedures
and mechanisms to prove indispensable to guarantee more effectively
the principles and values that are the “common heritage” of the
peoples of Europe and to uphold more resolutely the Council of Europe’s fundamental
values of democracy, the rule of law and human rights.
3. The Assembly welcomes the numerous contributions submitted
by its parliamentary delegations and political groups in the context
of the Ad hoc Committee on the Role and Mission of the Parliamentary
Assembly set up by the Bureau in December 2017, which showed the
delegations’ and political groups’ deep commitment to the Council
of Europe’s fundamental values and principles, their promotion,
their protection and to the monitoring of the member States’ respect
for them. It notes with great satisfaction the unwavering backing clearly
expressed for the existing supervision mechanisms it has developed
for over twenty-five years to ensure that member States respect
the principles and values of the Council of Europe, the statutory
obligations and the commitments they have entered into upon joining
the Council of Europe.
4. The Assembly takes into consideration the decision adopted
by the Committee of Ministers of the Council of Europe at its 129th Session
(Helsinki, 17 May 2019), “A shared responsibility for democratic
security in Europe – Ensuring respect for rights and obligations,
principles, standards and values” (CM/Del/Dec(2019)129/2).
It welcomes the positive reception by the Committee of Ministers
of its call for an enhanced political dialogue between the Committee
of Ministers and the Parliamentary Assembly, and its recognition
of the urgent need to develop synergies and provide for co-ordinated
action by the two statutory organs, taking into account their respective
mandates. The Assembly therefore welcomes the Committee of Ministers’ encouraging
support for the proposal it made in Resolution 2277 (2019) and Recommendation 2153 (2019) “Role
and mission of the Parliamentary Assembly: main challenges for the
future”, to set up, in addition to existing procedures, a joint
procedure of reaction, which could be initiated by either the Parliamentary Assembly,
the Committee of Ministers or the Secretary General, “in order to
strengthen the Organisation’s ability to react more effectively
in situations where a member State violates its statutory obligations
or does not respect the standards, fundamental principles and values
upheld by the Council of Europe”. For its part, the Assembly is
firmly committed to making this proposal operational as soon as
possible.
5. The Assembly also notes that the Committee of Ministers, “having
regard to the importance of the elections of the Secretary General
and of judges to the European Court of Human Rights, would welcome
that delegations of all member States take part in the next June
part-session of the Parliamentary Assembly”.
6. The Assembly recalls that, in accordance with the provisions
of its Rules of Procedure, in full conformity with the Statute of
the Council of Europe, the term of office of delegations of national
parliaments to the Assembly takes effect at the opening of the ordinary
session, when their credentials are ratified.
7. Taking into consideration the Committee of Ministers’ decision
in Helsinki, as well as the exceptional context which led to it,
the Assembly decides by way of derogation from Rules 6.1 (last sentence)
and 6.3 of its Rules of Procedure, relating to the transmission
of credentials of national delegations to the President of the Assembly
and their ratification by the Assembly, and Rule 11.3 on the appointments
following parliamentary elections, to invite the parliaments of
Council of Europe member States which are not represented by a delegation
to the Assembly to present the credentials of their representatives
and substitutes at the June 2019 part-session of the Assembly. These
credentials shall be submitted to the Assembly for ratification
at the next sitting following their transmission.
8. The Assembly notes with the Committee of Ministers that the
member States of the Council of Europe are “entitled to participate
on an equal basis in the two statutory organs of the Council of
Europe”, within the terms fixed in Articles 14, 25 and 26 of the
Statute of the Council of Europe. It recalls its Resolution 2277 (2019) in
which it underlines that “Council of Europe membership implies an
obligation of all member States to participate in both statutory
organs”. It furthermore recalls, in this respect, that all parliamentary
delegations enjoy the same rights under its Rules of Procedure and
are subject to the same obligations in accordance with procedures
that apply equally to all.
9. However, the Assembly recalls that it may decide, pursuant
to Rule 10.1.c of its Rules
of Procedure, to take collective measures against its members by
depriving or suspending the exercise of a number of participation
and/or representation rights in the activities of the Assembly and
its bodies, as a result of a breach or a violation of the provisions
of its Rules of Procedure or the Statute of the Council of Europe,
in the context of the procedure for challenging or reconsidering
national delegations’ credentials on procedural or substantive grounds.
10. The Assembly recalls that the members’ rights of participation
or representation in the activities of the Assembly and its bodies
that may be withdrawn or suspended by the Assembly are not listed
in the Assembly’s Rules of Procedure. It is up to the Assembly,
when deciding, by resolution, on a challenge to or reconsideration of
credentials to determine which rights are affected. However, in
order to ensure the coherence of the Organisation’s internal legal
framework, the Assembly, in its decisions, should continue to comply
with the Statute of the Council of Europe and to take into due consideration
relevant decisions taken by the Committee of Ministers. Therefore,
to ensure that the member States’ right and obligation to be represented
and to participate in both statutory bodies of the Council of Europe
is respected, the Assembly decides to supplement Rule 10 of its
Rules of Procedure, adding after Rule 10.1.c the
following clarification:
“The members’ rights to vote, to speak and to be represented in the Assembly and its bodies shall not be suspended or withdrawn in the context of a challenge to or reconsideration of credentials.”
11. Finally, the Assembly considers that the issue of supplementing
its Rules of Procedure with regard to introducing a procedure for
challenging the credentials of individual members of a national
delegation on substantial grounds deserves further consideration.
12. The Assembly decides that the changes to the Rules of Procedure
set out in the present Resolution shall enter into force upon its
adoption.