d02_1a






    794th meeting – 30 April 2002

    Item 2.1a

    Current Political Questions

    a. Activities for the development and consolidation of democratic stability

    (CM/Del/Dec/791/2.1, CM(2002)44, CM/Monitor(2002)7, GR-EDS(2002)CB6, GR-EDS(2002)22, SG/Inf(2002)18, SG/Com(2002)793, Parliamentary Assembly Recommendation 1554 (2002), Parliamentary Assembly Resolution 1280 (2002), CDL(2002)40, CG (9) 6 part 2)

    Decisions

    The Deputies

    1. took note of the synopsis of the GR-EDS meeting held on 19 April 2002 (document GR-EDS(2002)CB6);

    Municipal Elections in Kosovo (21 September 2002)

    2. invited the Secretary General to reply positively to the request by UNMIK for renewed Council of Europe involvement, starting on 1 July 2002, in the international observer mission for the forthcoming elections in Kosovo, on the basis of the objectives defined in document GR-EDS(2002)22, and asked him to set in motion the preparatory procedures for the setting up of the mission and for the recruitment of personnel;

    Situation in Moldova

    3. In the light of the following elements:

    - Parliamentary Assembly Recommendation 1554 (2002) on the functioning of democratic institutions in Moldova, as well as Parliamentary Assembly Resolution 1280 (2002) on the same subject;
    - the report by the Secretary General on the consultations between parliamentary leaders of Moldova, held, at his initiative, in Strasbourg on 16 April 2002 [doc. SG/Com(2002)793];
    - the report of the Secretariat Information and Assistance Mission to Moldova, headed by the Deputy Secretary General [doc. SG/Inf(2002)18];
    - the report by the Secretary General on the use of his powers by virtue of Article 52 of the European Convention on Human rights in respect of Moldova [doc. SG/Inf (2002)20];
    - the report by Secretary General’s experts on the freedom of expression and information in Moldova, undertaken in the context of the Committee of Ministers Monitoring procedure [doc. CM/Monitor(2002)7];

    - the report of the Congress of Local and Regional authorities of Europe on the situation of local self-government in Moldova, to be debated at the next Session of the Congress [doc. CG (9) 6 part 2];
    - the experts’ analysis of the laws applied in the context of the decision to temporarily suspend the activities of a political party in Moldova;
    - the consolidated opinion on the law on modification and addition in the Constitution of the Republic of Moldova by the European Commission for Democracy through Law [doc. CDL(2002) 40];
    - the opinion on Moldova by the Advisory Committee on the Framework Convention for the Protection of National Minorities [doc. CM(2002)44];

    i. decided to give its full support to the efforts undertaken by the Secretary General and the Parliamentary Assembly to promote democratic dialogue between the ruling party and the parliamentary opposition in Moldova, with a view to the possible holding of a political round table with the participation of all political forces in Moldova (possibly, in the presence of the Council of Europe);

    ii. reiterated the availability of the Council of Europe for continued expertise, in particular through the Venice Commission and the CLRAE, with a view to overcoming the present difficulties as regards the autonomous status of Gagauzia and its future anchorage in the Constitution of Moldova;

    iii. invited the Secretariat to enter into detailed discussions with the competent Moldovan authorities to prepare, within a set time-frame, an analysis of the compatibility of present and future relevant legislation in Moldova with the European Convention on Human Rights, as interpreted in the Strasbourg Court case-law and with other European norms, with particular regard to the conclusions of the various reports mentioned above; the Council of Europe analysis should be accessible to all interested parties (in particular, the parliamentary opposition) and regular information on the follow-up given to the Council of Europe expert analysis should be provided by the Moldovan authorities;

    iv. welcomed the proposal to hold an early meeting of the tripartite Steering Committee of the European Commission/Council of Europe Joint Programme for Moldova to review the implementation of the programme, in particular the December 2001 Action plan for legal system reform in Moldova, putting emphasis on the development and independence of the judiciary;

    v. invited the Secretariat to prepare, in co-operation with the competent Moldovan authorities, detailed proposals for the assistance which could be provided in the context of the reform of history teaching in Moldova, as well as teaching of languages;

    vi. expressed their willingness to consider additional proposals based on clearly identified needs and specific requests from the Moldovan authorities;

    vii. invited the Moldovan authorities to inform the Committee of Ministers on urgent steps undertaken with a view to ensuring a full execution of the European Court of Human Rights judgment in the Metropolitan Church of Bessarabia case;

    viii. instructed their Rapporteur Group on democratic stability (GR-EDS) to pursue examination of the situation in Moldova, in particular Secretariat proposals for the implementation of the above-mentioned decisions, including their detailed financial implications;

    ix. decided to resume consideration of this issue on the basis of the conclusions of the GR-EDS examination of the situation.



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