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Resolution 1601 (2008)
Procedural guidelines on the rights and responsibilities of the opposition in a democratic parliament
1. “Democracy
is founded on the right of everyone to take part in the management
of public affairs; it therefore requires the existence of representative
institutions at all levels and, in particular, a parliament in which
all components of society are represented and which has the requisite
powers and means to express the will of people by legislating and
overseeing government action” (Universal Declaration on Democracy,
Inter-Parliamentary Union, 1997). A politically representative parliament
shall embody society in the diversity of its composition and shall
work with due respect for the plurality of opinions.
2. The promotion and consolidation of pluralist democracy is
one of the main objectives of the Council of Europe and its Parliamentary
Assembly. The member states of the Organisation shall endeavour
to develop common standards and practices aimed at promoting a free
and pluralist parliamentary democracy and the means for their implementation
in national parliaments. The democratic quality of a parliament
is measured by the means available to the opposition or the parliamentary
minority to accomplish its tasks.
3. A political opposition in and outside parliament is an essential
component of a well-functioning democracy. One of the main functions
of the opposition is to offer a reliable political alternative to
the majority in power by providing other policy options for public
consideration. By overseeing and criticising the work of the ruling
government, continuously evaluating government action and holding
the government to account the opposition works to ensure transparency
of public decision and efficiency in the management of public affairs, thereby
ensuring the defence of the public interest and preventing misuse
and dysfunction.
4. The Assembly considers that effective follow-up should be
ensured, at the level of national parliaments, to its Resolution 1547 (2007) on the state of human rights and democracy in Europe,
in particular when it recalls that the right to form a political
opposition shall be considered as a key element of a genuine democracy.
It then recalls its Resolution
1154 (1998) on the democratic functioning of national parliaments,
in which it calls on national parliaments, inter alia, to “give
the opposition a status enabling it to play a responsible and constructive role
…”.
5. Granting the parliamentary opposition a status according to
which it is entitled to rights contributes to the effectiveness
of a representative democracy and respect for political pluralism,
and thereby to the citizens’ support for and confidence in the good
functioning of institutions. Establishing a fair legal and procedural framework
and material conditions enabling the parliamentary minority to fulfil
its role is a prerequisite for the good functioning of representative
democracy. Opposition members should be able to exercise their mandate in
full and under at least the same conditions as those members of
parliament who support the government; they shall participate in
an active and effective manner in the activities of the parliament
and shall enjoy the same rights. Equal treatment of members of parliament
has to be ensured in all their activities and privileges.
6. The Assembly recalls that in Resolution 1547 (2007) it calls on opposition parties and their members not to
ask only for rights and means, but also to show responsibility and
willingness to use them and make their best efforts to enhance the
efficiency of the parliament as a whole. They should not restrict
themselves to merely criticising the powers in place.
7. The Assembly welcomes the fact that procedural rights of the
opposition are currently of political relevance in several national
parliaments. It recalls in this context the conclusions reached
during the last meeting of the Council of Europe Forum for the Future
of Democracy held in Stockholm/Sigtuna from 13 to 15 June 2007 regarding
the role and responsibilities of the opposition. It considers that
appropriate follow-up should be given to them at the level of national
parliaments.
8. Differences exist in the degree of institutionalisation of
the opposition in the parliaments of Council of Europe member states,
ranging from informal recognition in the parliamentary rules of
procedure when granting rights to the parliamentary minority to
formal recognition of the opposition in the constitution of the state.
However, beyond diversity of parliamentary systems in Europe, all
parliaments of the member states grant rights to the parliamentary
minority, whether organised around political groups or not. The
Assembly notes that the notion of parliamentary opposition has undergone
changes in conjunction with the modernisation of political debate.
Several innovative good practices have been developed in a number
of states which merit the attention of a wider audience. Therefore,
the Assembly welcomes the current tendency in some parliaments to
achieve full parity between the majority and the opposition concerning
some rights, irrespective of the strength they have in parliament.
9. Consequently, the Assembly invites the parliaments of the
member states to reform or update their rules on the rights of the
opposition or parliamentary minority and encourages them to draw
up a charter on the rights of the opposition, or to define the status
of the opposition in parliament, taking inspiration from the guidelines below.
10. While bearing in mind the variety of parliamentary democratic
institutions in Europe, the Assembly encourages the member states
of the Council of Europe to start as soon as possible a genuine
and thorough reflection on the modernisation of their democratic
institutions and the adaptation of their parliamentary institution
to the needs of a modern society. To this end, member states should
take into account the guidelines set out below, as well as good
practices established in the most innovative parliaments.
11. The Assembly also invites the European Commission for Democracy
through Law (Venice Commission) to undertake a study on the role
of opposition in a modern democratic society.
(open)
Guidelines on the rights and responsibilities of the opposition in a democratic parliament
1. Parliamentarians must exercise
their mandate independently. They shall not be bound by any instruction or
receive a binding mandate. One cannot blame a member of parliament
for defending ideas that go against the government’s official policy
or that are not well received by a majority of the population.
2. National parliaments of the Council of Europe member states
shall acknowledge the following rights in relation to the opposition
or parliamentary minority:
2.1. freedom
of expression and freedom of opinion; members of the opposition
shall enjoy freedom of speech; they must be able to express their
ideas freely;
2.2. the opposition shall participate in the supervision, scrutiny
and control of the action and policy of the government:
2.2.1. opposition members have the
right to information; opposition members and members of the majority
are entitled to receive the same information from the government;
2.2.2. opposition members have the right to ask written and oral
questions, and to receive replies to these questions;
2.2.3. opposition members shall be privileged during question
time with the government (in particular they shall have the right
to open question time and to ask more questions to the government
than members of the majority);
2.2.4. opposition members have the right to interpellation (oral
question with debate) and the right to move a motion of no confidence;
2.2.5. opposition members have the right to request the convening
of a plenary sitting of the parliament/chamber, which should be
granted if a quorum of one quarter of members is reached;
2.2.6. opposition members have the right, at regular intervals,
to set the agenda of plenary sittings, and to choose subjects for
debate, including bills tabled by opposition members, control of
government actions and evaluation of public policies and spending;
matters selected on those days shall have precedence over government
business;
2.2.7. opposition members have the right to ask for debates to
be held, including urgent or current affairs debates, which should
be granted if a quorum of one quarter of members is reached;
2.2.8. opposition members have the right to request the setting-up
of a committee of inquiry or a parliamentary mission of information
and to become members thereof; this should be obtained if a quorum
of one quarter of members is reached; a member of the opposition
shall be appointed either chairperson or rapporteur of every committee
of inquiry or mission of information successfully requested by opposition
members or political groups;
2.3. speaking time in plenary sittings shall be allotted at
least according to the respective weight of political groups; allocation
of an equal speaking time between majority and opposition, irrespective
of their strength, should be privileged under certain circumstances;
2.1. the opposition shall participate
in the organisation of legislative work:
2.1.1. opposition members have the right to participate in the
management of parliamentary business; they shall have access to
posts of vice-president and other positions of responsibility in
parliament; the composition of governing bodies of parliament shall
respect the principle of proportional representation and reflect
the political composition of the parliament or chamber;
2.1.2. opposition members have the right to request the holding
of an extraordinary session, which should be granted if a quorum
of one quarter of members is reached;
2.2. the opposition shall participate in the legislative procedure:
2.2.1. opposition members have the
right to table bills and motions on legislative matters;
2.2.2. opposition members have the right to speak and to vote
in all debates;
2.2.3. opposition members have the right to table amendments;
2.2.4. opposition members have the right to present procedural
motions (change in the proposed agenda or the adopted agenda; request
to ascertain a quorum; request to refer a report back to a committee,
etc.);
2.3. the opposition shall participate in parliamentary committees’
work:
2.3.1. the presidency of standing/permanent
committees shall be allocated among parliamentary groups on the
basis of proportional representation; at least one permanent committee
shall be chaired by a member of the opposition; the chairmanship
of committees responsible for monitoring government action, such
as the committee on budget and finance, the committee on audit,
or the committee supervising security and intelligence services,
should be granted to a member of the opposition;
2.3.2. any committee, permanent or not, shall be composed on
the basis of proportional representation;
2.3.3. in committees, opposition members shall enjoy speaking
and voting rights, the right to table amendments and to move a procedural
motion; they shall have the possibility to append a dissenting opinion
to a report adopted in committee or to present a minority report;
2.3.4. opposition members have the right to request the organisation
of committee hearings; it should be granted if a quorum of one quarter
of members is reached;
2.3.5. opposition members have the right to be appointed committee
rapporteurs; in any case, rapporteurships in committees are allocated
on the basis of proportional representation;
2.4. the opposition shall participate in political decisions;
the opposition or parliamentary minority shall be consulted prior
to any decision to dissolve parliament;
2.5. the opposition shall participate in the constitutional
review of laws:
2.5.1. opposition
members have the right to apply to the Constitutional Court or the
appropriate legal body and to request a constitutional review of
adopted laws;
2.5.2. opposition members have the right to request examination
of constitutionality of draft laws or parliamentary acts by the
Constitutional Court or the appropriate legal body prior to their adoption;
2.5.3. opposition members have the right to apply to the Court
of Audit and to request its opinion on budgetary and finance matters.
3. National parliaments shall provide political groups or individual
members of the opposition with the appropriate financial, material
and technical resources and means to enable them to properly perform
their functions and duties. Opposition members shall have fair access
to state funds and allowances; they shall have free and fair access
to media, including public radio and television channels, and sources
of information.
4. The provisions of the rules of procedure concerning the rights
of members of parliament and particularly of the minority should
not be altered after each parliamentary election in order to adapt
them to the election results.
5. The political opposition in parliament shall show political
maturity and should exercise responsible and constructive opposition,
by showing mutual respect, and using its rights with a view to enhance
the efficiency of parliament as a whole.