Rules of Procedure of the Assembly (January 2023)
(Resolution 1202 (1999) adopted on 4 November 1999) with subsequent modifications of the Rules of Procedure*
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- Committees
Rule 44 - Appointment of committees
44.1. At
the beginning of each ordinary session, the Assembly shall set up
the following general committees:
1. Committee on Political Affairs and Democracy (81 seats),2. Committee on Legal Affairs and Human Rights (81 seats),3. Committee on Social Affairs, Health and Sustainable Development (81 seats),4. Committee on Migration, Refugees and Displaced Persons (81 seats),5. Committee on Culture, Science, Education and Media (81 seats),6. Committee on Equality and Non-Discrimination (81 seats),7. Committee on the Honouring of Obligations and Commitments by Member States of the Council of Europe (Monitoring Committee) (85 seats),8. Committee on Rules of Procedure, Immunities and Institutional Affairs (32 seats),9. Committee on the Election of Judges to the European Court of Human Rights (20 seats).
44.2. France,
Germany, Italy, Türkiye and the United Kingdom shall have four seats
in each of the first six committees.
Poland, Romania, Spain and Ukraine
shall have three seats in each of the first six committees.
Austria, Azerbaijan, Belgium, Bulgaria,
the Czech Republic, Greece, Hungary, the Netherlands, Portugal,
Serbia, Sweden and Switzerland shall have two seats in each of the
first six committees.
Albania, Andorra, Armenia, Bosnia and
Herzegovina, Croatia, Cyprus, Denmark, Estonia, Finland, Georgia,
Iceland, Ireland, Latvia, Liechtenstein, Lithuania, Luxembourg,
Malta, the Republic of Moldova, Monaco, Montenegro, North Macedonia,
Norway, San Marino, the Slovak Republic and Slovenia shall have
one seat in each of the first six committees.
44.3.a. On
the basis of the candidatures presented by the political groups
and taking into account gender balance and regional balance, the
Bureau shall appoint 85 members of the Monitoring Committee, 30
members of the Committee on Rules of Procedure, Immunities and Institutional
Affairs and 20 members (and their alternates) of the Committee on
the Election of Judges to the European Court of Human Rights by
applying the apportionment ratio based on the so-called ‘D’Hondt
principle’. At the beginning of each ordinary session, the candidatures
presented by each political group to each of these committees must
include at least one-third women where the group holds at least
three seats. The Bureau shall appoint members, ensuring that the
committees concerned always include at least one-third women.
44.3.b. The Bureau shall appoint
two additional members to the Committee on Rules of Procedure, Immunities
and Institutional Affairs from among the representatives and substitutes
of the Assembly who do not belong to any political group. The political
groups shall nominate the members with a view to ensuring a fair
representation of national delegations where applicable.
44.3.c. Not more than two members
of a national delegation from a state under monitoring procedure
or involved in a post-monitoring dialogue may sit on the Monitoring
Committee.
44.3.d. These nominations shall
be submitted to the Assembly or the Standing Committee for ratification. In the event of
objection, the matter shall be referred back to the Bureau, which
may submit revised nominations to the Assembly.
44.4.a. The Assembly
may also set up ad hoc committees for specific purposes. A motion
to set up an ad hoc committee is considered by the
Bureau. If the Bureau approves it, it refers the proposal to the
committee concerned by the proposal’s subject matter, for report,
and to the Committee on Rules of Procedure, Immunities and Institutional
Affairs, for opinion.
44.4.b. An ad hoc committee
shall cease to exist after its report has been considered by the
Assembly.
44.4.c. Subject
to ratification by the Assembly or the Standing Committee, the Bureau
of the Assembly may also set up ad hoc committees reporting
to it, in which case it shall prescribe their duration, terms of
reference and composition. An ad hoc committee, with the
exception of ad hoc committees in charge of election
observation, shall include at least one-third women. An account
of their work shall be given to the Assembly as part of the Progress
Report of the Bureau and the Standing Committee.
44.5. Substitutes,
like representatives, may be appointed members of a committee. Besides the
full members, an equal number of alternates of the same nationality
shall be appointed for each committee except for the Monitoring
Committee and
the Committee on Rules of Procedure, Immunities and Institutional
Affairs.
44.6. No member
of the Assembly can be a full member of more than two committees,
with the exception of committees whose members are nominated by
the political groups.
44.7. Without
prejudice to Rule 44.3.a. ,
candidatures for membership of the committees shall be addressed
to the President of the Assembly, who shall submit to the Assembly,
the Standing Committee or, failing that, the Bureau proposals for
their composition. Any disputed nominations shall be forwarded by
the President of the Assembly to the national delegation concerned. If
confirmed proposals or new proposals are disputed, the Assembly
or the Standing Committee shall decide.
44.8. If,
without prejudice to Rule 44.3.a. ,
no candidatures for membership of a committee are submitted by a
national delegation by the end of the June part-session of a parliamentary year,
the President of the Assembly shall bring this to the attention
of the chairperson of the national delegation concerned.
44.9. Where
a seat is vacant on a committee other than the Monitoring Committee,
the Committee on Rules of Procedure, Immunities and Institutional
Affairs and the Committee on the Election of Judges to the European
Court of Human Rights, it may be provisionally occupied by a representative
or substitute from the national delegation to which the seat is
allotted, the representative or substitute being appointed by the
chairperson of that delegation.
44.10. If, without prejudice
to Rule 44.3.a. , in the course
of a parliamentary year the average level
of participation of a national delegation in the meetings of a committee
is below 33%, the Secretary General of the Parliamentary Assembly
shall inform the President of the Assembly, the chairperson of the
Committee on Rules of Procedure, Immunities and Institutional Affairs and
the chairperson of the national delegation concerned. The President
of the Assembly shall bring this to the attention of the speaker
of the national parliament concerned and the Bureau of the Assembly.
Rule 45 - Competence of committees
45.1. Committees
shall examine documents referred to them under Rule 26 and
questions otherwise referred to them by the Assembly or the Standing
Committee. They may draw up a report, or an information report,
for presentation to the Assembly or to the Standing Committee in
accordance with Rule 50 , merge references, or take no action
on a reference. In the last two cases, they shall inform the Bureau
accordingly. They may examine any other matter within their terms
of reference.
45.2. Committees
shall examine the action taken on texts adopted by the Assembly
on the basis of their reports.
45.3. Should
a committee declare a question to be outside its terms of reference,
or should a conflict arise over the competence of two or more committees,
the question shall be submitted to the Bureau for decision which
may refer it to the Assembly.
45.4. A committee
requested to give an opinion on a matter which has been referred
to another committee for report may table amendments to the draft
text tabled by the latter committee, in the manner specified in
Rule 34 .
Rule 46 - Bureaux of committees
46.1. The Bureau
of each committee shall consist of the chairperson and the three
vice-chairpersons, normally elected at the first committee meeting
of each ordinary session, while taking into account the principle
of gender equality.
46.2. Until
the chairperson of the committee is elected or, in the absence of
agreement among the political groups or of any candidate put forward
for the position of chair, until the vice-chairpersons are elected,
the meeting shall be chaired by the oldest member present, under whose
chairpersonship no subject other than the election of the bureau
of the committee may be considered.
46.3. Committee
members who have been members for at least one year may
be candidates for the office of chairperson or vice-chairperson
and must belong to the political group to which the Chair or a Vice-Chair
has been allocated on the basis of an agreement reached among the political
groups within the Presidential Committee. A
single candidate put forward for any office shall be declared elected
without proceeding to a vote.
46.4. No chairperson
or vice-chairperson of a committee or sub-committee may be chairperson
or vice-chairperson of another Assembly committee or sub-committee.
This does not apply to ad hoc committees and ad hoc sub-committees.
46.5. Elections
shall be held by secret ballot. Two tellers chosen by lot shall
count the votes, assisted by the Secretariat.
46.6. A candidate
who obtains an absolute majority of the votes cast on the first
ballot shall be declared elected. On the second ballot the election
shall be by relative majority .
In the event of a tie, there shall be a third ballot; in the event
of a further tie, the older candidate shall be declared elected.
46.7. The
chairperson and the vice-chairpersons of a committee shall remain
in office until the opening of the next ordinary session of the
Assembly. They may be re-elected for one further term, consecutive
or not. A committee chairperson or vice-chairperson elected in the
course of a session for an incomplete term may be re-elected for
two further terms. A former chairperson of a committee may stand
for the office of chairperson or vice-chairperson of the same committee
on expiry of a period of four years, or of another committee on
expiry of a period of two years, for two further terms, consecutive
or not. A former vice-chairperson of a committee may stand for the
office of vice-chairperson of the same committee on expiry of a
period of four years, or of another committee on expiry of a period
of two years, for two further terms, consecutive or not. A chairperson
or vice-chairperson of a committee who has been dismissed from office
pursuant to Rule 55 may
not be a candidate for the office of chairperson or vice-chairperson
of a committee or a sub-committee.
Rule 47 - Procedure in committee
47.1. Except as otherwise provided,
procedure in committee shall follow that in the Assembly.
47.2. Voting
shall be by a majority of the votes cast. A
committee shall vote by show of hands. For decisions relating to
persons, voting shall take place by secret ballot. Except
on procedural matters, a vote shall be by roll call if so requested
by at least two members. The roll shall be called alphabetically
beginning with the letter “A”.
47.3. A
committee may deliberate and take decisions when one third of its
members are present;
however, if so requested by one sixth of its members before
voting begins on a draft opinion, recommendation or resolution as
a whole, or on the election or dismissal of the chairperson or vice-chairpersons,
the vote may be taken only if a majority of committee members are present.
47.4. If
no quorum exists when a committee begins a meeting which is taking
place at the date, time and place which was notified to its members,
the chairperson shall have the power to close the meeting and forthwith
open a subsequent one during which the committee may deliberate
and vote, irrespective of the number of members present. During
such a meeting, the agenda sent out to committee members beforehand
shall not be changed. The provisions on roll call contained in paragraph
2 above shall not be applicable during such a meeting.
47.5. Except
during part-sessions, documents relating to items on the agenda
of a committee meeting shall be despatched to the members at least
one week before the date of that meeting. If they are not, and if
five or more members object, the items concerned shall be postponed
to a later meeting. The objection may be overruled by the committee
by a two-thirds majority.
47.6. The chairperson
shall open, suspend and close the meeting and shall direct the committee's
debates. He or she may take part in the committee's debates. He
or she does not participate in a vote except in the case of a tie.
He or she shall ensure observance of the Rules and maintain order.
47.7. A
full member of a committee who is prevented from attending a meeting
shall arrange to be replaced by his or her alternate. Failing that, the full
member may inform the chairperson of the committee which other member
of his or her national delegation is authorised to take his or her
place.
47.9. Unless
the committee decides otherwise, the only texts which shall be made
public shall be the reports approved by the committee and statements
issued on the responsibility of the chairperson.
Rule 48 - Meetings of committees
48.1. A
committee shall meet when convened by its chairperson on his or
her own initiative, at the request of one third of the committee
members or at the request of the President of the Assembly. Except
during part-sessions, the convocation to the meeting shall be sent
to members at least seven days before the meeting.
48.2. Any
two or more committees may hold a joint meeting for the examination
of subjects coming within their competence, but may not reach a
joint decision, except if it is unanimous or on procedural matters.
The Chair shall be taken in turns by the chairpersons of each of
the participating committees, starting with the longest-serving
chairperson or, in the case of equal length of service, the elder.
48.3. Unless
a committee decides otherwise, committee meetings shall be held
in private. The
Monitoring Committee and the Committee on the Election of Judges
to the European Court of Human Rights meet in camera.
48.4. Members
of the Assembly may attend meetings of committees of which they
are not members but without the right to speak or vote. However,
only members of the Monitoring Committee and members of the Committee
on the Election of Judges to the European Court of Human Rights
may attend meetings of their respective committees.
48.5. Subject
to paragraph 6 below, members of special
guest, observer and partner for democracy delegations
appointed to a committee may participate in its meetings and speak
if called by the committee chairperson; they shall not have the
right to vote. However, a committee may decide in advance that members
of such delegations may not attend a meeting or part of a meeting.
48.6. Meetings
of the Joint Committee, the Monitoring Committee, the Committee
on Rules of Procedure, Immunities and Institutional Affairs and
the Committee on the Election of Judges to the European Court of
Human Rights shall not be open to members of special guest, observer and
partner for democracy delegations.
48.7. The
conditions on which any person who is not covered by sub-paragraphs
4 to 6 above may be heard by a committee shall be decided by that
committee.
48.8. Secretaries
of national delegations and secretaries of political groups may
attend the meetings of committees of the Assembly, except for those
of the Monitoring Committee and the Committee on the Election of
Judges to the European Court of Human Rights.
48.9. The
draft minutes of each committee meeting shall be distributed to
all the members of the committee, under the conditions stipulated
in Rule 47.5. , and shall
be presented for the committee’s approval at the opening of the
next meeting.
Rule 49 - Sub-committees
49.1. Except as otherwise provided
in this Rule, procedure in sub-committee shall follow that in committee.
49.2. A
committee may appoint standing or ad hoc sub-committees,
whose exact composition and competence it shall determine at the
time of appointment. National delegations and political parties
or groups shall be fairly represented.
49.3. A committee
of 81 seats may not appoint more than three standing sub-committees, and
a committee of 32 or 20 seats may not appoint more than two, unless
authorised by the Bureau of the Assembly with a two-thirds majority.
49.4. An ad
hoc sub-committee shall cease to exist once the committee
has considered its report.
49.5. A standing
or ad hoc sub-committee not re-appointed during the
first part of an ordinary session shall cease to exist.
49.6. The
number of members of a sub-committee may not exceed one third of
the full membership of the committee. An alternate from the same
national delegation may be appointed for each full member. In addition,
the chairperson of the committee shall ex officio be
a full member of any of its sub-committees. No member of the committee
may be a member of more than two of its sub-committees.
49.7. The
Bureau of a sub-committee shall include the chairperson and the
vice-chairperson. Elections shall be held in accordance with the
procedures laid down in paragraphs 2, 4 to 6 of Rule 46 while
taking into account the principle of gender equality. Full members
of the sub-committee who have been members of the sub-committee
for at least one year may be candidates for
the office of chairperson or vice-chairperson of the sub-committee.
A single candidate put forward for any office shall be declared
elected without a vote. The chairperson and the vice-chairperson
of a sub-committee may be re-elected for one further term, consecutive
or not. On expiry of a period of four years, they may be again elected
for two new consecutive or non-consecutive terms. A chairperson
or vice-chairperson of a sub-committee elected in the course of
a session for an incomplete term to replace the chairperson or the
vice-chairperson previously elected during the session may be re-elected
for two further terms.
49.8. A
sub-committee shall inform the appointing committee of its work,
which shall approve its decisions.
Rule 50 - Reports of committees
50.1. A
committee shall appoint one rapporteur for each subject, who shall
be responsible for the preparation of the report of the committee
and for presenting it to the Assembly. The Monitoring Committee
shall appoint two co-rapporteurs. For
the appointment of rapporteurs, the committees shall take into consideration
the following criteria by order of priority: competence and availability,
fair representation of political groups (based on the d’Hondt system), gender-balanced
representation, geographical and national balance. A committee shall
include at least one-third women among its rapporteurs. A member
of the Assembly who is simultaneously rapporteur for five reports
or opinions under preparation, on behalf of one or more committees,
may not be appointed rapporteur. In the
exercise of their duties, the rapporteurs shall comply with the
rules set forth in the code of conduct for rapporteurs of the Parliamentary
Assembly. A
rapporteur shall remain in charge of the follow-up to his or her
report for a term of one year after the adoption of the text by
the Assembly.
50.2. The
report of a committee shall normally contain one or more draft texts:
- recommendations or opinions addressed to the Committee of Ministers;- resolutions.
Only these texts may be voted upon
in committee, and the results of such votes shall be included in
the report. Only these texts may be voted upon by the Assembly or
the Standing Committee.
50.3. A committee
seized for an opinion on the report of another committee may submit
its opinion in writing or orally. If
in writing it should contain a chapter at the beginning entitled “Conclusions
of the committee”, and an explanatory memorandum by the rapporteur.
50.4. The
report of a committee shall also contain an explanatory memorandum
by the rapporteur. The committee shall take note of it. Any dissenting
opinions expressed in the committee shall be included therein at
the request of their authors, preferably in the body of the explanatory
memorandum, but otherwise in an appendix or footnote.
50.5. The
adoption of the draft text and taking note of the explanatory memorandum
shall constitute the committee’s approval of the report as a whole.
Any report thus approved shall be tabled and published as an official
Assembly document. If, after the tabling of a report, important
developments occur, the committee may approve an addendum to it.
50.6. Committees
may table information reports, which shall not be subject to a vote
in the Assembly.
50.7. Committees
may appoint one or more general rapporteurs whose terms of reference and
term of office they shall determine beforehand. The terms of reference
shall be submitted to the Bureau for approval and its decision shall
be subject to ratification by the Assembly.