Parliamentary Assembly

The institutional balance at the Council of Europe

Doc. 10106 rev.
16 March 2004

Motion for a resolution
presented by Mr Holovaty and others

This motion has not been discussed in the Assembly and commits only the members who have signed it

1.         The Statute of the Council of Europe (of 1949) created two organs, the Committee of Ministers and the Parliamentary Assembly. The European Convention on Human Rights (EHCR) of 1950 set up the European Court of Human Rights, which is operational since 1959. Following the entry into force of the 11th Protocol to the EHCR the Court became full-time in November 1998.

2.         The Committee of Wise Persons instituted following the Second Summit of the Council of Europe confirmed in its report of November 1998 that “the Council today has a three-pillar structure reflecting the governmental, parliamentary and judicial branches, which should be recognized as such and further developed.”

3.         The Council of Europe, which defends the values of democratic institutions and the separation of powers, should apply these principles in its own institutional setting. However, the Council has not yet fully accommodated the existence of the European Court of Human Rights in its institutional structure. Furthermore, the Statute and the statutory resolutions do not reflect the important evolution of the Assembly’s functions and place in the Organisation since 1949.

4.         The Parliamentary Assembly therefore resolves to consider statutory and procedural aspects of the institutional balance at the Council of Europe and to draw up a report on it in time for a debate in 2004.

Signed [1]:
Holovaty, Ukraine, LDR
Atkinson, United Kingdom, EDG
Burbien�, Lithuania, SOC
Cekuolis, Lithuania, LDR
Davis, United Kingdom, SOC
Delvaux-Stehres, Luxembourg, SOC
Elo, Finland, SOC
Frunda, Romania, EPP/CD
Giovanelli, Italy, SOC
Gross, Switzerland, SOC
Jakic, Slovenia, LDR
Kilclooney, United Kingdom, EPP/CD
Lintner, Germany, EPP/CD
Magnusson, Sweden, SOC
O’Keeffe, Ireland, EPP/CD
Olteanu, Romania, SOC
Severinsen, Denmark, LDR
Smorawinski, Poland, EPP/CD
S�ndergaard, Denmark, UEL
Tepshi, Albania, EPP/CD
Van den Brande, Belgium, EPP/CD
Wohlwend, Liechtenstein, EPP/CD



Socialist Group
Group of the European People’s Party
European Democratic Group
Liberal, Democratic and Reformers’ Group
Group of the Unified European Left
Not registered in a group