CM(2009)70 rev 29 April 20091
1056 Meeting, 6-7 May 2009
4 Human Rights
4.1 Steering Committee for Human Rights (CDDH) –
Guaranteeing the long-term effectiveness of the control system of the European Convention on Human Rights
i. Activity report “Guaranteeing the long-term effectiveness of the control system of the European Convention on Human Rights”
ii. CDDH final opinion on putting into practice certain procedures envisaged to increase the Court’s case-processing capacity
iii. Opinion of the CAHDI (transmitted to the CDDH) on the public international law aspects of the advisability and modalities of inviting the European Court of Human Rights to put into practice certain procedures which are already envisaged to increase the Court’s case-processing capacity, in particular the new single judge and committee procedures
Conference of the High Contracting Parties to the European Convention on Human Rights
Draft rules of procedure
The objective of the Conference of the High Contracting Parties to the European Convention on Human Rights (hereinafter “ECHR”) is to decide on measures aimed at enabling the European Court of Human Rights to increase its case-processing capacity by adopting, as foreseen by Article 25 of the Vienna Convention on the Law of Treaties, an agreement enabling states to accept the provisional application of certain provisions of Protocol No. 14 to the ECHR pending its entry into force, according to the modalities set out in document CM(2009) 71 rev2.
2.1. The Conference shall consist of the High Contracting Parties to the ECHR.
2.2. Representatives at the Conference shall be the Ministers for Foreign Affairs.
2.3. When a Minister for Foreign Affairs is unable to be present, an alternate may be nominated to act for him/her. The name and functions of the alternate shall be communicated by the Ministry for Foreign Affairs concerned to the Secretary General of the Council of Europe before the opening the Conference.
The Secretary General of the Council of Europe shall open the Conference and preside until the Chairperson is elected.
4.1. The representatives of the High Contracting Parties shall elect, by a simple majority, a Chairperson to preside over the Conference.
4.2. The Chairperson shall direct the discussions, ensure the observance of these Rules, accord the right to speak, promote the achievement of consensus, put questions to the vote and announce decisions.
The Secretariat of the Conference shall be provided by the Secretariat of the Council of Europe, which shall prepare an abridged report to be adopted by consensus at the end of the Conference.
The agenda shall be adopted at the beginning of the Conference on the basis of the draft prepared by the Secretariat of the Council of Europe and appended to the convocation.
The quorum shall be constituted by the two-thirds of the High Contracting Parties.
8.1. Each representative of the High Contracting Parties shall have one vote.
8.2. The adoption of the agreement mentioned in Article 1 of these rules shall be made by consensus. Should one or more High Contracting Parties not be represented, they shall be notified of the agreement and, unless they raise an objection by 31 May 2009 at the latest, the agreement shall be considered as adopted.
8.3. The adoption of these Rules of procedure and of the agenda of the Conference shall be decided by a majority vote of the representatives of the High Contracting Parties.
When an amendment is moved to a proposal, the amendment shall be decided on first. When two or more amendments are moved to a proposal, the representatives of the High Contracting Parties shall first decide on the amendment furthest removed in substance from the original proposal and then on the amendment next furthest removed there from, and so on, until all the amendments have been decided on. Where, however, the adoption of one amendment necessarily implies the rejection of another amendment, the latter amendment shall not be put to a decision. If one or more amendments are adopted, a decision shall then be taken on the amended proposal.
English and French shall be the official languages of the Conference.
Note 1 This document has been classified restricted at the date of issue; it will be declassified in accordance with Resolution Res(2001)6 on access to Council of Europe documents.