Doc. 10573

7 June 2005

Election of the Council of Europe Commissioner for Human Rights by the Parliamentary Assembly

Motion for a recommendation

presented by Mr McNamara and others

1.       According to the Committee of Ministers' Resolution (99) 50, the Council of Europe's Commissioner for Human Rights is elected by the Parliamentary Assembly, for a non-renewable term of office of six years, from a list of three candidates drawn up by the Committee of Ministers.

2.       The term in office of the incumbent is soon to come to an end. In this context, the Bureau of the Assembly decided, on 18 March 2005, that the election of the new Commissioner would take place during the October 2005 part-session.

3.       At its 921^st meeting on 30 March 2005, the Ministers' Deputies adopted the following timetable for the preparation of thelist of candidates:

      - 15 July 2005: deadline for the submission of candidates;

      - 7 September 2005: consideration of candidates by the Ministers' Deputies and transmission of a list of three candidates to the Parliamentary Assembly in order to allow the election to take place at the October part-session of the Parliamentary Assembly (3-7 October 2005).

4.       At the same meeting the Ministers' Deputies recalled "that the current Commissioner was declared elected for a term of office of six years from 1 January 2000, and in order to allow the newly elected Commissioner sufficient time to prepare for his/her functions, the handover should take place not later than 16 April 2006".

5.       The Assembly questions the legal justification for the Committee of Ministers' position and, given the nature and utmost importance of the functions and activities of the Commissioner, states that once elected the new elected Comissioner should take up his duties on 1 January 2006.

Signed (see overleaf)

Signed ¹:

McNAMARA, Kevin, United Kingdom, SOC

AHLQVIST, Birgitta, Sweden, SOC

FRUNDA, György, Romania, EPP/CD

JASKIERNIA, Jerzy, Poland, SOC

MALINS, Humfrey, United Kingdom, EDG

MARSHALL, David, United Kingdom, SOC

PERICLEOUS PAPADOPOULOS, Antigoni, Cyprus, LDR

POURGOURIDES, Christos, Cyprus, EPP/CD

RAPSON, Syd, United Kingdom, SOC

SEVERIN, Adrian, Romania, SOC

SMITH, Geraldine, United Kingdom, SOC

VAREIKIS, Egidijus, Lithuania, EPP/CD

¹        SOC: Socialist Group

      EPP/CD: Group of the European People’s Party

      LDR : Liberal, Democratic and Reformers’ Group

      EDG: European Democratic Group

      UEL: Group of the Unified European Left

      NR: not registered in a group