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Doc. 8178
22 July 1998
For debate in the Standing Committee see Rule 47
Pour débat à la Commision permanente – Voir article 47 du Règlement
Terms of reference of Assembly committees
Report
Committee on Rules of Procedure
Rapporteur: Mr Henning Gjellerod, Denmark, Socialist Group
Summary
This report defines the terms of reference of all of the Assembly's general committees in order to make for greater coherence in the Assembly's work, avoid duplication of effort and clarify the relations between the Assembly's committees and other bodies, both within and outside the Council of Europe.
I. Draft resolution
1. The Assembly recalls its Resolution 1107 (1997) on the committee structure of the Assembly.
2. It furthermore recalls the recent establishment of two new committees, namely the Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Resolution 1115 (1997)) and the Committee on Equal Opportunities for Women and Men (Resolution 1144 (1998)).
3. Therefore, considering that it has become necessary to define more clearly and to rationalise the terms of reference of all of its committees and, in certain cases, to revise their titles, the Assembly adopts the terms of reference set out in the appendix to this resolution.
Appendix
TERMS OF REFERENCE OF ASSEMBLY COMMITTEES
Title: Political Affairs Committee (AS/Pol)
Number of seats: 65
History: The Committee is the successor to the General Affairs Committee established in 1949.
The Committee’s title was changed to Political Committee in 1957, and to Political Affairs Committee in 1968.
Terms of reference:
1. The Committee shall consider all political matters which fall within the competence of the Council of Europe and shall, as necessary, report on urgent political crises in Council of Europe member states.
2. The Committee shall consider the general policy of the Council of Europe.
3. The Committee shall, in particular, consider:
(i) requests for membership of the Council of Europe;
(ii) requests for the granting of observer status with the Council of Europe and with the Parliamentary Assembly;
(iii) requests for special guest status with the Parliamentary Assembly (in accordance with 55a of the Rules of Procedure);
(iv) any motions to annul previously ratified credentials (in accordance with Rule 6.10 of the Rules of Procedure)
4. Subject to the prerogatives of the Bureau, the Committee shall consider:
(i) relations with other international organisations, in particular the European Union, the OSCE and the United Nations;
(ii) relations with states which are not Members of the Council of Europe, including human rights issues in relation to those states.
5. The Committee may organise conferences and other events on subjects within its terms of reference.
6. The Committee may participate in the work of the European Commission Against Racism and Intolerance (ECRI)
Sub-committees: Middle East (AS/Pol/ME)
Relations with non-member countries (AS/Pol/NM)
Title: Committee on Economic Affairs and Development (AS/Ec)
Number of seats: 65
History: The Committee was established in 1949, as the Committee on Economic Questions. Its title was changed in 1956 to “Economic Committee”.
The title of the Committee was changed in 1968 to “Economic Affairs and Development” in order to clarify that it was the committee responsible for developing countries. This change was also intended to meet the concerns of the authors of a motion for a resolution (Doc. 2179) to set up a new general committee on the developing countries.
Terms of reference:
1. The Committee shall consider all matters relating to economic co-operation, growth and development.
2. The Committee shall, in particular, consider:
(i) economic development and co-operation across Europe, including employment policies, and the economic and development policies of the European Union especially as they affect members states of the Council of Europe which are outside the European Union;
(ii) world-wide economic co-operation and development;
(iii) development co-operation between industrialised and developing countries (“North-South” co-operation);
(iv) European transport policies.
3. Following special agreements, the Committee shall prepare annual reports on the activities of the Organisation for Economic Co-operation and Development (OECD) and the European Bank for Reconstruction and Development (EBRD). These shall be debated in the Assembly following presentations by the Secretary General of OECD and the President of the EBRD.
4. The Committee shall monitor the work of international organisations, including the European Free Trade Area (EFTA), the Central European Free Trade Association, the United Nations Economic Commission for Europe (UN-ECE) and the Bretton Woods Institutions (the International Monetary Fund and the World Bank) and other institutions falling within its sphere of interest. It shall maintain links with its counterpart committees in the European Parliament.
5. The Committee may organise conferences and other events on subjects within its terms of reference.
Sub-committees: International Economic Relations (AS/Ec/IER)
“North-South: Europe’s Role”(A S/Ec/NS)Ti
Title: Social, Health and Family Affairs Committee (AS/Soc)
Number of seats: 65
History: Until the summer of 1988, the Committee was known as the Committee on Social and Health Questions. It was renamed at its own request, to reflect its increasing preoccupation with matters relating to children, young people and the family.
Terms of reference:
1. The Committee shall consider matters relating to social welfare, labour, public health and the family.
2. The Committee shall monitor, on behalf of the Assembly, the implementation and development of the Social Charter of the Council of Europe.
3. The Committee shall, in particular, consider:
(i) ways of improving social cohesion within the member states, and the contribution which social cohesion can make to political stability;
(ii) social aspects of employment and unemployment policy, including working hours and the rights of workers;
(iii) social policies affecting children and the elderly, and ways of increasing solidarity between the generations;
(iv) questions relating to health, including the development of concerted European health policies and the fight against drug trafficking and abuse.
4. The Committee shall maintain relations with international organisations active within its sphere of interest, in particular with the WHO, the ILO, and UNICEF. The Committee shall also maintain relations with relevant NGOs.
5. The Committee may organise conferences and other events on subjects within its terms of reference.
Sub-committees:
Children (AS/Soc/Enf)
European Social Charter and Employment (AS/Soc/Charte)
Health (AS/Soc/Health)
Title: Committee on Legal Affairs and Human Rights (AS/Jur)
Number of seats: 65
History: The Committee was known until the end of 1989 as the “Legal Affairs Committee”. The title was changed in response to a motion for a Resolution (Doc. 6139) submitted by Mr. Stoffelen.
Terms of reference:
1. The Committee shall consider all legal and human rights matters referred to it and which fall within the competence of the Council of Europe. In particular, it shall consider:
(i) human rights, fundamental freedoms and the rule of law in the member states of the Council of Europe;
(ii) judicial institutions (including ombudspersons), the police and the mass media in the member states of the Council of Europe;
(iii) the rights of national and other minorities;
(iv) questions of discrimination;
(v) all matters concerning the European Convention on Human Rights and its protocols, the Convention for the Prevention of Torture, and other international instruments;
(vi) criminal law and criminology, the treatment of offenders and conditions of detention.
2. The Committee shall examine the law and legal practice and the observance of human rights and fundamental freedoms of applicant states to assess compliance with Council of Europe standards.
3. The Committee shall examine all candidatures for judges of the European Court of Human Rights, before the election of judges by the Assembly.
4. The Committee shall:
(i) participate in the work of the Council of Europe’s intergovernmental steering committees on Legal Co-operation (CDCJ), the Mass Media (CDMM), Crime Problems (CDPC) and Human Rights (CDDH);
(ii) participate in the work of the Commission on Democracy through Law (Venice Commission);
(iii) follow the work of international organisations dealing with legal matters, including the Hague Conference on Private International Law, UNIDROIT and UNCITRAL;
(iv) participate in the International Judicial Conference.
5. The Committee may organise conferences and other events on subjects within its terms of reference.
6. The Committee may participate in the work of the European Commission Against Racism and Intolerance (ECRI).
Sub-committee: Human Rights (AS/Jur/DH)
Title: Committee on Culture and Education (AS/Cult)
Number of seats: 65
History: The Committee was appointed in 1949 as the Committee on Cultural and Scientific Questions. By Resolution 326 (1966), which established a separate committee on Science and Technology, the Committee was renamed the “Cultural Committee”. In 1968, the Committee was again renamed, to become the “Committee on Culture and Education”. The rapporteur pointed out that the Council of Europe intergovernmental body on these subjects, the Council for Cultural Co-operation (CDCC), had terms of reference which brought out clearly the importance attached to education and teaching. The rapporteur underlined the Committee’s role as the interlocutor of the CDCC.
Terms of Reference:
1. The Committee shall consider all matters relating to co-operation in Europe in cultural and educational matters, and cultural co-operation between Europe and other parts of the world.
2. The Committee shall, in particular, consider:
(i) the promotion of cultural co-operation and exchange between the member states;
(ii) issues relating to freedom of expression and the role of the artist, and censorship;
(iii) the preservation of Europe’s cultural heritage;
(iv) the development of respect for, and tolerance of, differing cultures, including minority cultures, within the member states;
(v) education and youth policy;
(vi) sport;
(vii) the media, including, in particular, questions of media ethics.
3. The Committee shall follow the work of the European Youth Centres and the European Youth Foundation.
4. The Committee shall participate in the work of the following intergovernmental steering committees of the Council of Europe:
Council for Cultural Co-operation (CDCC)
Education Committee (CC-ED)
Higher Education and Research Committee (CC-HER)
Culture Committee (CC-CULT)
Cultural Heritage Committee (CC-PAT)
Committee for the Development of Sport (CDDS)
European Steering Committee for Intergovernmental
Co-operation in the Youth Field (CDEJ)
Steering Committee on the Mass Media (CDMM)
5. The Committee shall maintain relations with NGOs and international organisations, particularly UNESCO.
6. The Committee may organise conferences and other events on subjects within its terms of reference.
7. The Committee may participate in the work of the European Commission Against Racism and Intolerance (ECRI).
Sub-committees: Cultural Heritage (AS/Cult/AA)
Youth and Sport (AS/Cult/JS)
Media (AS/Cult/Media)
Title: Committee on Science and Technology (AS/Science)
Number of seats: 65
History: The Committee was appointed as a general Committee in 1966, with specific terms of reference (Resolution 326)
Terms of reference [adapted from Assembly Resolution 326 of 1966]:
1. The committee shall:
(i) consider science and technology policy in Europe, including the ethical and social aspects of developments in these fields;
(ii) consider industrial policy, and in particular the relationship between pure research and industry;
(iii) consider developments in European energy policy, and, in particular, energy co-operation;
(iv) encourage European co-operation in science and technology;
(v) maintain relations and co-operate with parliamentary, inter-parliamentary, inter-governmental and non-governmental organisations in the field of science and technology;
(vi) participate in the work of the intergovernmental Steering Committee on Bioethics (CDBI) of the Council of Europe.
2. The Committee may organise conferences and other events in areas covered by these terms of reference.
Sub-committees: Technology Policy and Energy (AS/Science/Tech)
Science Policy and Ethics (AS/Science/Pol)
Title: Committee on the Environment, Regional Planning and Local Authorities (AS/Loc)
Number of seats: 65
History: The Committee was established in 1949 as the Committee on Local Authorities. The subject of regional planning was added in 1968, on the abolition of a joint working party which had previously dealt with this. The environment was added to the Committee’s title in 1986.
Terms of reference:
1. The Committee shall consider issues related to the protection and management of the environment, and the concept of sustainable development, in particular by:
(i) follow the activities of the Council of Europe’s intergovernmental sector in these fields, including the application of conventions aimed at protecting the environment;
(ii) reporting on wider environmental issues.
2. The Committee shall consider issues relating to regional planning, water resources management, and transport policy.
3. The Committee shall consider issues relating to local democracy, regionalisation, regional and local self-government, and the application of the subsidiarity principle.
4. The Committee shall follow the activities of the Congress of Regional and Local Authorities of Europe (CLRAE), and participate in Congress activities which fall within its terms of reference.
5. The Committee shall, on behalf of the Assembly, select the candidates for, and the winners of, the Europe Prize.
6. The Committee shall participate in the following intergovernmental committees of the Council of Europe:
Committee for the Activities of the Council of Europe in the field
of biological and Landscape Diversity (CO-DBP)
Council for the Pan-European Biological and Landscape Diversity
Strategy (STRA-CO)
Group of Specialists: “Tourism and Environment” (PE-S-TO)
Group of Specialists on Coastal Protection (PE-S-CO)
Select Committee of Experts on Trans-Frontier Co-operation (LR-R-CT)
Working Party on Mountain Regions and Rural Areas (GT-RMER)
7. The Committee may organise conferences and other events in areas covered by these terms of reference.
Sub-committees: Environment (AS/Loc/Env)
Regional Planning (AS/Loc/Am)
Local and Regional Authorities (AS/Loc/Reg)
Additional sub-committee:
Europe Prize (AS/Loc/Prix)
Title: Committee on Migration, Refugees and Demography (AS/Mig)
Number of seats: 65
History: The Committee was first appointed as a general committee in 1958. It was originally named the Committee on Population and Refugees. In 1979 (Resolution 685), the Committee was given its present title in order to reflect its growing concern with general migration problems.
Terms of reference:
1. The Committee shall consider:
(i) questions relating to migration and refugees in Europe and in other parts of the world, including the problem of asylum-seekers;
(ii) population trends in Europe and in other parts of the world, and the social and economic effects of those trends;
(iii) community relations in multicultural societies, including the situation and integration of migrant workers and their social, economic and political rights;
(iv) humanitarian issues.
2. The Committee shall follow the activities of, and maintain relations with, international bodies concerned with migration, refugees and demography, including the Office of the United Nations High Commissioner for Refugees, the International Committee of the Red Cross, the International Organisation for Migration and the Social Development Fund of the Council of Europe.
3. The Committee shall participate in the work of the following intergovernmental committees of the Council of Europe:
European Population Committee (CDPO)
European Committee on Migration (CDMG)
Specialist Group on Roma/Gypsies (MG-S-ROM)
4. The Committee may organise conferences and other events in areas covered by these terms of reference.
Sub-committees: Migration (AS/Mig/Migr)
Refugees (AS/Mig/Ref)
Demography (AS/Mig/Dem)
Title: Committee on Rules of Procedure and Immunities (AS/Pro)
Number of seats: 45
History: The Committee was established in 1949. It is proposed to add the words “and Immunities” to its title.
Terms of reference:
The Committee shall:
(i) examine proposed amendments to the Assembly’s Rules of Procedure, in accordance with Rule 60 of the Rules of Procedure, and to ensure that the rules remain consonant with the practice of the Assembly;
(ii) ensure that the Assembly’s Rules of Procedure are applied properly in practice; and report to the Assembly on the interpretation of the Rules;
(iii) report to the Assembly on any contested credentials of Representatives and Substitutes, in accordance with Rule 6.7 of the Rules of Procedure, and give its opinion on any requests for annulment of previous ratifications of credentials in accordance with Rule 6.10 of the Rules of Procedure;
(iv) report to the Bureau on any contested credentials of members of special guest delegations, in accordance with Rule 55a.7 of the Rules of Procedure;
(v) consider questions relating to the privileges and immunities of members of the Assembly, including requests for waiver of immunity referred to the Committee under Rule 59 of the Rules of Procedure;
(vi) keep under review the Assembly’s committee structure and the functioning of the Assembly’s system of committees; and report on proposals for the establishment of new committees.
Title: Committee on Agriculture and Rural Development (AS/Agr)
Number of seats: 45
History: The Committee was first appointed in 1951, as a special committee. It became a general committee in 1956.
Terms of reference:
1. The Committee shall consider the strategic aspects of European agriculture and rural development. In particular, it shall consider:
(i) the reform of agriculture in greater Europe;
(ii) issues relating to forestry and to fisheries;
(iii) issues relating to food (including the agro-food industry) and related issues of consumer protection;
(iv) rural development issues.
2. The Committee shall maintain close relations with the European and relevant international organisations, including the institutions of the European Union, and the United Nations specialised agencies in this field, in particular the Food and Agriculture Organisation (FAO). The Committee shall provide a report on the agricultural work of the OECD as a contribution to the Assembly’s annual debate on the activities of OECD.
3. The Committee shall maintain relations with relevant NGOs.
4. The Committee may organise conferences and other events on subjects within its terms of reference.
Sub-committees Fisheries (AS/Agr/Pêches)
Food (AS/Agr/WFP)
Title: Committee on Parliamentary and Public Relations (AS/Parl)
Number of seats: 45
History: The Committee is the successor to a Working Party on Parliamentary and Public Relations, established in 1956 (Resolution 104). The Committee has always had written terms of reference, which are a modified version of the mandate originally given to the working party.
Terms of reference:
Note: adapted from the original terms of reference (Resolution 104 of 1956, with subsequent amendments) and with modifications from Order 452 (1990), Order 489 (1990) and Resolution 1136 (1997). The text which follows is a consolidated and shortened version of the original resolutions.
1. The Committee shall consider ways in which the Assembly’s work is brought to the attention of national parliaments and the general public. To this end, it shall:
(i) develop close links between the Parliamentary Assembly and national parliaments, and encourage close links between the Assembly’s committees and the committees of national parliaments;
(ii) select Assembly texts for transmission to national parliaments and co-operate with the national delegations in presenting the results of the Assembly’s work to their own parliaments and to the public;
(iii) in collaboration with the national delegations, provide the Assembly each year with a progress report on action taken in national parliaments as a result of the Assembly’s work and of measures taken to increase public awareness of the Assembly’s work.
2. The Committee shall develop interparliamentary co-operation on the adaptation of the functioning of representative democracy to new challenges and meeting the technical assistance requirements of the new democracies in Europe.
3. The Committee shall develop relations with Non Governmental Organisations (NGOs), the media and also, without prejudice to the external relations of the Bureau, with international organisations in which parliaments are represented with a view to fostering greater awareness of the Assembly’s work.
4. The Committee may carry out comparative studies into matters covered by these terms of reference, and may organise conferences and other events, in particular to foster exchanges of views between members of the Assembly and members of national parliaments who are not members of the Assembly.
Sub-committees: Participatory Democracy (AS/Parl/Dem)
Relations with NGOs (AS/Parl/ONG)
50th anniversary of the Council of Europe (AS/Parl/50th)
Title: Committee on the Budget (AS/Bud)
Number of seats: 45
History: The Committee was first appointed in 1954, as the Committee on the Budget. In 1974, the Committee’s remit was enlarged, to include the Intergovernmental Work Programme of the Council of Europe, which had previously been monitored by a Special Committee, first appointed in 1968.
Terms of reference:
1. The Committee shall report on all budgetary and administrative matters referred to it by the Assembly, and, in particular, on the preparation by the Office of the Clerk of that part of the Council of Europe’s Budget which relates to the Assembly’s own activities, and on the budgetary and financial aspects of new activities proposed by the Assembly.
2. The Committee shall receive annually, on behalf of the Assembly, the audited accounts of the Council.
3. The Committee shall keep under review the Assembly’s powers in relation to the Council’s budget, and to its own part of the budget, and shall report to the Assembly on these subjects.
4. The Committee shall keep under review work towards the harmonisation of conditions of service in the European International organisations and the establishment of a European Civil Service.
Sub-committee: European Civil Service (AS/Bud/FPE)
Title: Committee on equal opportunities for women and men (AS/Eq)
Number of seats: 45
History: Established by Resolution 1144 (1998)
Terms of reference (drawn from Resolution 1144):
The committee shall be responsible for:
(i) considering equal opportunities questions, including the situation in Council of Europe member states, and reporting directly to the Assembly on them, together with draft texts for adoption;
(ii) considering activities having an impact on policies and/or legislation to promote equal opportunities for women and men in the member states of the Council of Europe;
(iii) supervising the implementation of commitments undertaken by Council of Europe member states in the Platform for Action adopted by the 4th World Conference on Women in Beijing in 1995 and reporting periodically on this issue to the Assembly;
(iv) following-up the compliance of Council of Europe member states with the recommendations of the Parliamentary Assembly relating to equal opportunities;
(v) promoting equal opportunities for women and men by organising seminars, conferences and parliamentary hearings on equal opportunities issues, with a view in particular to encouraging member states to promote equal opportunities in politics;
(vi) promoting co-operation between parliamentary bodies of Council of Europe member states in the field of equal opportunities and maintaining relations with the European network for parliamentary committees responsible for equal opportunities for women and men;
(vii) co-operating with intergovernmental steering committees of the Council of Europe and with other committees of the Parliamentary Assembly;
(viii) maintaining relations and co-operating with inter-parliamentary, inter-governmental and non-governmental organisations in the field of equal opportunities, subject to the agreement of the Bureau;
(ix) examining the equal opportunities policy within the Secretariat of the Council of Europe and commenting on the annual report of the Secretary General concerning its implementation.
Sub-Committees Violence (AS/Eq/V)
Institutional instruments (AS/Eq/Inst)
Title: Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee) (AS/Mon)
Number of seats: 65
History: Established by Resolution 1115 (1997)
Terms of reference (drawn from Resolution 1115):
“1. The Committee is responsible for seeking to ensure:
(i) the fulfilment of the obligations assumed by the member states under the terms of the Council of Europe Statute, the European Convention on Human Rights and all other conventions concluded within the Organisation to which they are parties;
(ii) the honouring of the commitments entered into by the authorities of member states on their accession to the Council of Europe.
2. An application to initiate a monitoring procedure may originate from:
(i) the general committees of the Assembly and from the Monitoring Committee by reasoned written application to the Bureau;
(ii) not less than ten members of the Assembly representing at least two national delegations and two political groups, through the tabling of a motion for a resolution or recommendation;
(iii) the Bureau of the Assembly.
3. Applications (other than those made by the Monitoring Committee itself) are to be considered by the Monitoring Committee which, after the appointment of two co-rapporteurs and after carrying out the necessary investigations, will prepare a written opinion for the Bureau. In the light of the committee's opinion, the Bureau will take a decision whether to initiate a monitoring procedure and if so will refer the matter, subject to ratification by the Assembly, to the Monitoring Committee for report. At the same time or subsequently, the Bureau, subject to ratification by the Assembly, will decide when strictly necessary on the committee(s) to which the matter is possibly referred to for an opinion. A negative decision by the Bureau needs to be confirmed by the Assembly. The Monitoring Committee may also be instructed to carry out a monitoring procedure by decision pursuant to a text adopted by the Assembly or the Standing Committee.
4. Except in special circumstances, a monitoring procedure should not commence until six months after a member state's accession to the Council of Europe.
5. In accordance with Rule 46, the Monitoring Committee may set up sub-committees on the monitoring of specific obligations and commitments of member states or groups of member states.
6. The committee's conclusions should contain a summary of its position and give rise to an official Assembly document including a draft resolution and/or recommendation as appropriate (see Rule 47).
7. The committee will state in its reports whether the monitoring procedure in respect of a given country is to be considered completed.
8. Memoranda and drafts by the Monitoring Committee, unless the Bureau decides otherwise, will be treated as confidential until the competent authorities of the country concerned have had reasonable time (up to three months) to submit their comments and until these have been discussed in the Monitoring Committee.
9. The Monitoring Committee may establish contacts with the subsidiary bodies of the Committee of Ministers which are competent to monitor member states' obligations and commitments, the European Commission for Democracy through Law ("Venice Commission"), and the relevant international institutions.
10. The Committee may organise conferences and other events on subjects within its terms of reference.”
II. Explanatory memorandum by Mr Gjellerod
A. Introduction
1. At its meeting on 27 January 1997, the Assembly adopted a Resolution on the Committee structure of the Assembly1 arising out of a report of the Committee on Rules of Procedure (Rapporteur, Mr. Laakso)2
2. In its report, the Committee on Rules of Procedure indicated that, as one implication of introducing the proposed structure, “it will be necessary to define precisely the terms of reference of the various committees which, like the Council of Europe itself, have evolved considerably over the past few years”. The Committee considered that a clearer definition of the committees’ terms of reference would “make for greater coherence in the Assembly’s work and avert duplication between the activities of the various committees and sub-committees. This redefinition will also afford a clearer perception of the part to be played by the various committees in the Assembly’s relations with other bodies, both outside and inside the Council of Europe”. In this context, it is also recalled that, in January 1998, following the establishment of the new committee on equal opportunities for women and men, the Assembly adopted Order No. 537 (1998), which instructed the Bureau to fix priorities for the work of the Assembly and its committees on the basis of proposals to be submitted by the Clerk of the Assembly.
3. This report proposes terms of reference for those committees which do not have them, and re-states (with amendments where necessary) those terms of reference which have already been established by the Assembly. The Committee on Rules of Procedure adopted the report at its meeting on 24 June 1998 and submitted it to the Standing Committee.
B. Presentation of information
4. The information on each Committee is presented in a standard form. The layout is based on that adopted for the Compendium of Terms of Reference of the intergovernmental committees of the Council of Europe3. For each Committee, the following information is given in addition to the substantive terms of reference:
1. Title
2. Number of seats
3. Brief summary of the history of the Committee, including any decisions of the Assembly about terms of reference
4. Details of any standing sub-committees.
The presentation of this information for the first time in one document, and in a standard format, will be helpful to Members and staff of Committees and those with whom the Committees have dealings.
5. The terms of reference have been drafted in a concise form, and they are therefore not intended to be rigid or exclusive. It is not possible to list, for example, all the different bodies with which committees have relations. Inevitably, lists of such bodies will get out of date with the passage of time. The terms of reference list only (a) those intergovernmental committees of the Council of Europe on which Assembly Committees are represented, and (b) those bodies which, in the opinion of the Committee concerned, are of particular and continuing importance to their work. Similarly, while these terms of reference will be of use to the Bureau when making decisions about references to committees, it would be unrealistic to try and anticipate all the considerations which the Bureau might have to take into account. In this area, therefore, the proposed terms of reference should be considered as guidelines, rather than as a straitjacket.
6. The terms of reference do not cover matters which are common to all committees and which are covered by the Rules of Procedure. For example, under Rule 57, committees have the duty of examining any petition within their competence, if requested to do so by the Bureau. Petitions are therefore not mentioned in any of the individual terms of reference. Likewise, matters covered by the general rules applicable to all committees (Rules 42-47) are not repeated here. For example, these terms of reference do not go into any detail on sub-committees, as Rule 46 provides that “A Committee may ... appoint one or more standing or ad-hoc sub-committees, of which it shall determine the exact composition and competence at the time of their appointment”.
7. On the other hand, matters which appear in the Rules of Procedure but which apply only to one Committee are explicitly mentioned in the terms of reference, as they form an important part of the committee’s mandate. As an example, Rule 55a requires the Political Affairs Committee to consider requests for special guest status with the Parliamentary Assembly. This is also included in the Committee’s terms of reference, at paragraph 3.iii.
8. A standard clause has been added to the terms of reference of all of the general committees, with the exception of the Committee on Rules of Procedure and Immunities, to the effect that they may organise conferences and other events within the field covered by their terms of reference. Such a provision would clearly be inappropriate for the Committee mentioned above. The remaining general committees all have the opportunity to organise conferences or other events.
Relations with the Conferences of Specialised Ministers
9. The terms of reference do not make specific provision for participation by the Assembly’s Committees in meetings and conferences organised by the Conferences of Specialised Ministers of the Council of Europe. It is assumed that the Assembly’s Committees would wish to participate in such events, if invited, and it is therefore not necessary to specify this in the terms of reference.
Requests from the Committee of Ministers to consider draft Conventions
10. The Committee of Ministers from time to time requests the Assembly’s Committees to consider draft Conventions. These requests are addressed most frequently to the Committee on Legal Affairs and Human Rights, but could be addressed to any of the Assembly’s Committees. In accordance with Resolution 1361, 4 Assembly’s Committees shall respond to such requests, and it is therefore not necessary to mention them in each Committee’s terms of reference.
C. Particular issues
11. Attention is drawn to the following points:
Human rights
12. The Committee on Legal Affairs and Human Rights has responsibility for human rights, fundamental freedoms and the rule of law in the member states of the Council of Europe. The Political Affairs Committee is responsible for human rights issues in states which are not members of the Council of Europe. This makes explicit a matter of practice which the Bureau has observed in recent years.
Science and Technology
13. The Committee on Science and Technology was appointed in 1966, and is one of the few Assembly committees to have had written terms of reference from the start. The opportunity has been taken to update these terms of reference in the light of the Committee’s current activities.
Rules of Procedure and Immunities
14. The Committee’s title has remained unchanged since it was established in 1949. It is proposed that the title should be modified, with the addition of the words “and Immunities”, in order to make it explicit that the Committee has responsibility for questions of members’ immunity, in accordance with Rule 59 of the Rules of Procedure and the current practice of the Assembly.
Committee on Parliamentary and Public Relations
15. The Committee is the successor to a working party on the same subjects. When that working party was established in 1956, it was given written terms of reference which were subsequently carried over to the Committee. In recent years, a number of additions to the terms of reference have been made in Orders and a Resolution of the Assembly. The text proposed is a consolidation of these various documents. The opportunity has been taken to redraft the terms of reference in order to avoid repetition between the various texts.
Committee on the Budget and the Intergovernmental Work Programme
16. The Committee’s title is now out of date, as the Intergovernmental Work Programme has been renamed the “Intergovernmental Programme of Activities”. It is proposed that the Committee should simply be renamed the Committee on the Budget, as its scrutiny of the Budget allows the Committee to consider the details of the proposed expenditure on the Programme of Activities, should it so wish.
Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee)
17. This Committee started to operate in April 1997. A report on its first year of activity was debated by the Assembly at the April 1998 part-Session. In the Resolution5 adopted during that debate, the Assembly reaffirmed the principles underlying the monitoring process (as set out originally in Resolution 1115 (1997)). The Assembly did not make any changes to the terms of reference of the Monitoring Committee, and the present report only proposes to a minor change in order to harmonise the presentation.
18. However, attention is drawn to the fact that several Assembly committees, and in particular the Political Affairs Committee and the Committee on Legal Affairs and Human Rights, have an interest in certain fields covered by the Monitoring Committee. In April 1998, in Resolution 1155, the Assembly stressed the need for co-operation and complementarity between the Assembly’s committees engaged in the monitoring process. In particular, it affirmed that the Monitoring Committee is responsible for the whole range of obligations and commitments entered into by the member states, but that
“other committees shall continue to deal with specific issues within their traditional areas of competence which arise in member states, but shall seek to co-ordinate their work on monitored countries with the Monitoring Committee, notably in regard to the sanctions envisaged under Resolution 1115.”
This approach is endorsed. In particular, attention is drawn to the fact that the monitoring procedure may not be the best way to follow up outstanding issues once a monitoring process has been declared closed. It is time-consuming, as it requires a period of three months to be given to the member state concerned to consider and respond to memoranda and draft reports. This might be appropriate in some circumstances, but in general, it seems preferable that follow-up of particular issues should be referred to the appropriate general committee or committees. This does not seem to require any change in the terms of reference of any committee, but rather is a point for the Bureau to bear in mind when making references to committees.
Committee on equal opportunities for women and men
19. This Committee was established in January 1998, by Resolution 1144 (1998). The terms of reference agreed by the Assembly are reproduced in this report for completeness’ sake. As the Committee has only recently begun work, it would clearly be inappropriate at this stage to suggest any amendments to its terms of reference.
Number of Sub-Committees
20. Resolution 1107 on the Committee Structure of the Assembly, paragraphs 6 and 7, stated that:
“In accordance with Rule 46, paragraph 2 of the Assembly’s Rules of Procedure, committees with sixty-five seats are authorised to set up a maximum of three [sub-committees], whereas committees with forty-five seats shall set up a maximum of two.”
At present, the Committee on the Environment, Regional Planning and Local Authorities (65 seats) has four standing sub-committees. Three are “subject-based” (Environment; Regional Planning; Local and Regional Authorities). The fourth is on the Europe Prize. This appears always to have been treated as an “extra” sub-committee, as it was created at the request of the Assembly to perform a specific task, and is thus in conformity with the Rules.
D. Areas of shared competence
21. Responsibility for certain policy areas is shared between more than one committee. These areas of shared competence are described in the paragraphs 22 to 25 below. The terms of reference are drafted so as to make it clear, in general terms, which committee deals with a certain part of a policy area. For example, the economic aspects of employment policy are dealt with by the Committee on Economic Affairs and Development, while the social aspects are dealt with by the Social, Health and Family Affairs Committee. But there will inevitably be occasions when there is doubt over which committee should deal with a particular issue. As at present, it will be for the Bureau to refer items to the most appropriate Committee at a particular time, taking into account other factors, including the workload of the committees concerned and its general policy on references.
The media
22. Two committees at present deal with media issues, but each within their specific field of competence. The Committee on Legal Affairs and Human Rights considers the legal aspects of mass media, and participates in the work of intergovernmental steering committees and conferences in this area. The Committee on Culture and Education considers the cultural and educational aspects of the media. In addition, the Committee on Parliamentary and Public Affairs aims to foster public awareness of the Assembly’s work.
Children and young people
23. Responsibility for these issues is again split between two committees, the Social, Health and Family Affairs Committee and the Committee on Culture and Education. The first Committee considers these issues in the context of social policy, while the second is concerned more with educational issues as they affect young people.
Transport Issues
24. Two Committees share responsibility along the following lines: the Committee on Economic Affairs and Development considers transport primarily from an economic point of view, while the Committee on the Environment, Regional Planning and Rural Development considers transport in the context of environmental and planning issues.
Employment policy
25. Responsibility is split between two committees. The Committee on Economic Affairs and Development considers the economic aspects of employment policy, while the Social, Health and Family Affairs Committee considers the social aspects of employment and unemployment policy.
E. Final Remarks
26. The Standing Committee is invited to adopt the draft Resolution, including the appended terms of reference which form an integral part of the Resolution. Once adopted, the Resolution should enter into force immediately.
Reporting committee: Committee on Rules of Procedure
Budgetary implications for the Assembly: none
Reference to committee: Order No. 537 (1998)
Draft resolution adopted by the committee on 24 June 1998
Members of the committee Mrs Lentz-Cornette (Chairperson), Mrs Pulgar, MM Gjellerod, Goovaerts (Vice-Chairpersons), MM. Averchev, Besostri, Bianchi, Bilinski, Cardona, Dias, Enright (alternate: Mr Daly), Kandare, Kittis, Korakas, Kostytsky, Laakso, Laurinkus, Magnusson, Maltsev, Marten, Minarolli, Mozetic, Nagy, Nastase, Mrs Ojuland, MM. Pavlov, Pickles, Mrs Ragnarsdottir, MM. Rusu, Sandrier, Schieder, Schloten, Seiler, Silay, Simonsen, Sinka, Slobodnik, Tahiri, Verbeek, Vinçon, Vis, Vyvadil.
N.B. The names of members who took part in the vote are printed in italics.
Secretary of the committee: Mr Schade.
1 Resolution 1107 (1997).
3 Compendium of Terms of Reference, Research and Planning Unit, 9th Edition, February 1998.
4 Resolution 1361 (1998), adopted by the Standing Committee on 18 March 1998.
5 Resolution 1155 (1998)