Doc. 8234
9 October 1998

General judicial authority of the Council of Europe

Motion for a recommendation

presented by Mr Schwimmer and others

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

1. Within the Council of Europe there is an executive organ (the Committee of Ministers) and a parliamentary organ (the Parliamentary Assembly) but – apart from the European Court of Human Rights, competent to deal with cases concerning the application of the Human Rights Convention and its Protocols – there is no such thing as an independent judicial authority forming part of the organisation.

2. After the Second Summit of the Council of Europe the need to strengthen its structures became apparent. One of the statutory requirements of the Council of Europe is to accept the rule of law. However, for the adequate respect of the rule of law, the existence of an independent judicial authority is essential.

3. Some Council of Europe conventions have committees which supervise their implementation, but they are of a political rather than of a legal nature and are normally not independent from member governments.

4. Unlike the European Convention on Human Rights and its Protocols there is no judicial supervision at international level of the Council of Europe's Statute, its Conventions and its Protocols.

5. An independent judicial authority – which could be established on the lines of the old Court of Human Rights, sitting on a non-permanent basis whenever the need arises – might give advisory opinions at the request of member states or give preliminary rulings at the request of national courts, on the interpretation and application of the Council of Europe's Statute and conventions.

6. The Assembly welcomes the proposals made by the Czech Republic concerning the possible establishment of a "general" judicial authority at the Council of Europe

7. For the above-mentioned reasons the Assembly recommends that the Committee of Ministers set up an independent judicial authority within the context of the Council of Europe, to guarantee the uniform interpretation of the Council of Europe's Statute, its conventions and its protocols – with the exception of the Human Rights Convention and its Protocols.

Signed : ¹

Schwimmer, Austria, EPP/CD

Clmerfayt, Belgium, LDR

Columberg, Switzerland, EPP/CD

Gelderblom-Lankhout, Netherlands, LDR

Holovaty, Ukraine, LDR

Jaskiernia, Poland, SOC

Lentz-Cornette, Luxembourg, EPP/CD

Staciokas, Lithuania, EDG

Staes, Belgium, EPP/CD

Sungur, Turkey, EDG

Weyts, Belgium, EPP/CD

¹        SOC: Socialist Group

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

      EDG: European Democratic Group

      LDR : Liberal, Democratic and Reformers’ Group

      UEL: Group of the Unified European Left

      NR: not registered in a group