Rules of Procedure of the Assembly (January 2023)

(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), 2278 (2019), 2287 (2019), 2349 (2020), 2350 (2020), 2360 (2021), 2392 (2021), 2405 (2021)<br><br>Wherever used herein, the masculine form refers to both women and men, unless the context clearly indicates otherwise. The words "President", "Vice-President", "Secretary General", "Representative", "Substitute", "chairperson", etc. refer to persons of both sexes.

Rules of Procedure of the Assembly

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

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

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    Miscellaneous provisions Retour au sommaire Atteindre l'élement suivant

      Rule 73 - Waiver of the immunity of representatives and substitutes See Statute of the Council of Europe, Article 40, and General Agreement on Privileges and Immunities, Articles 13 to 15, and Protocol thereto, Articles 3 and 5, volume “Statute of the Council of Europe”.

      73.1. The members of the Assembly enjoy the privileges and immunities provided for in the General Agreement on Privileges and Immunities of the Council of Europe (of 2 September 1949) and its Additional Protocol (of 6 November 1952). These immunities are granted in order to preserve the integrity of the Assembly and to safeguard the independence of its members in exercising their European office.
      73.2. Any request addressed to the President by a competent authority of a member state for the waiver of immunity of a representative or substitute as guaranteed under Article 15 of the General Agreement shall be announced in a plenary sitting or Standing Committee meeting and then referred to the Committee on Rules of Procedure, Immunities and Institutional Affairs.
      73.3. The committee shall immediately consider the request. It may issue an opinion on the competence of the requesting authority and on the formal admissibility of this request. The committee shall not make any examination of the merits of the case in question. In particular, the committee shall not, under any circumstances, pronounce on the guilt or otherwise of the member, or on whether or not the opinions or acts attributed to him or her justify prosecution. At the earliest opportunity, it shall hear the member concerned by the request, or another member of the Assembly representing the former, who may submit any document which he or she deems relevant. It may ask the competent national authorities to provide it with any information and details it considers necessary to determine whether or not immunity should be waived. The report of the committee shall conclude with a draft resolution for the retention or the waiver of immunity. No amendment to that decision will be admissible.
      73.4. The report shall be the first item of business of the Assembly on the first sitting day after the report has been tabled. The debate on the report shall be confined to arguments for or against the waiver of immunity. In the event of the request to waive immunity relating to more than one accusation, each of these may be the subject of a separate decision.
      73.5. The President shall immediately communicate the decision of the Assembly to the authority which submitted the request.
      73.6. In the event of a member of the Assembly being arrested or deprived of freedom of movement in supposed violation of their privileges and immunities, the President of the Assembly may take the initiative of confirming the privileges and immunities of the member concerned, where applicable following consultation of the competent Assembly bodies. A member or former member may address a request to the President of the Assembly to defend his or her immunity and privileges. At the request of the President, the Bureau may, subject to ratification by the Assembly, refer the case to the relevant committee.
      73.7.a. When dealing with requests for the waiver of the Council of Europe immunity, or with requests to defend that immunity of an Assembly member, the competent Assembly organs shall interpret Article 15.a of the General Agreement on Privileges and Immunities of the Council of Europe as follows. Assembly representatives or substitutes are immune from prosecution and arrest in the exercise of their functions as Assembly members or when travelling on Assembly business, whether this is inside or outside of their national territory. If they are not active within this meaning or not travelling on Assembly business, the national regime shall apply within their country.
      73.7.b. The terms “in the exercise of their functions” include all official duties discharged by Assembly representatives and substitutes in the member states on the basis of a decision by a competent Assembly body and with the consent of the appropriate national authorities.
      73.7.c. In case of doubt, the Bureau of the Assembly shall decide if Assembly members’ activities took place in the exercise of their functions.
      73.7.d. The guidelines on the scope of parliamentary immunities enjoyed by members of the Parliamentary Assembly shall be appended to these Rules of Procedure as a complementary text. See Resolution 2392 (2021) clarifying the application of the existing rules.