Ministers’ Deputies

CM Documents

CM(2013)135      15 October 20131



1185 Meeting, 6 November 2013

1 General questions

1.5 Review of action taken by the Committee of Ministers on Parliamentary Assembly recommendations

Memorandum prepared by the Secretariat of the Committee of Ministers



On 14 November 2012, the Secretariat submitted to the Ministers' Deputies, on the basis of document CM(2012)138, a list of all the recommendations adopted by the Parliamentary Assembly since the fourth part of its 2011 Session to which replies were still pending from the Committee of Ministers. Since that document was issued, replies have been given to and/or action has been taken on the recommendations listed in Appendix 1 to this memorandum (16 recommendations in all).

The present memorandum lists the recommendations adopted by the Parliamentary Assembly to which replies are still pending, up to and including Recommendation 2022 (2013) adopted at the third part of its 2013 Session (Strasbourg, 24-28 June 2013).

The Secretariat would draw attention to the Deputies’ commitments with regard to the adoption of replies to Assembly recommendations (see Appendix 2). A footnote indicates the time limit for a reply to each recommendation, set in accordance with these commitments.

*

* *

Recommendation 2008 (2013) adopted by the Parliamentary Assembly on 23 January 2013

“Georgia and Russia: the humanitarian situation in the conflict- and war-affected areas”

At their 1161st meeting (5 February 2013)2, the Deputies agreed to examine Recommendation 2008 (2013) in the framework of item 2.1 of their agenda “The Council of Europe and the conflict in Georgia”.

A draft reply will soon be submitted to the Committee of Ministers.

Recommendation 2009 (2013) adopted by the Parliamentary Assembly on 23 January 2013

“Towards a Council of Europe convention to combat trafficking in organs, tissues and cells of human origin”

At their 1161st meeting (5 February 2013)3, the Deputies agreed to communicate Recommendation 2009 (2013) to the European Committee on Crime Problems (CDPC) and the European Committee on Organ Transplantation (CD-P-TO), for information and possible comments by 8 April 2013.

The Rapporteur Group on Legal Co-operation (GR-J) will examine elements for a draft reply at its meeting on 15 October 2013, following which a draft reply will be transmitted to the Deputies for adoption at one of their forthcoming meetings.

Recommendation 2010 (2013) adopted by the Parliamentary Assembly on 24 January 2013

“Migration and asylum: mounting tensions in the Eastern Mediterranean”

At their 1161st meeting (5 February 2013)4, the Deputies agreed to communicate Recommendation 2010 (2013) to the Steering Committee for Human Rights (CDDH), the European Commission against Racism and Intolerance (ECRI), the Group of Experts on Action against Trafficking in Human Beings (GRETA), The European Commission for the Efficiency of Justice (CEPEJ) and the Council of Europe Development Bank (CEB), for information and possible comments by 8 April 2013.

The Rapporteur Group on Social and Health Questions (GR-SOC) will examine elements for a draft reply at its meeting on 10 October 2013, following which a draft reply will be transmitted to the Deputies for adoption at one of their forthcoming meetings.

Recommendation 2013 (2013) adopted by the Parliamentary Assembly on 23 April 2013

“Parliaments united in combating sexual violence against children: mid-term review of the ONE in FIVE Campaign”

At their 1170th meeting (7 May 2013)5, the Deputies agreed to communicate Recommendation 2013 (2013) to the European Committee for Social Cohesion (CDCS), to the Conference of International Non-Governmental Organisations (INGOs) and to the European Centre for Global Interdependence and Solidarity (North-South Centre), for information and possible comments by 12 July 2013.

The Rapporteur Group on Legal Co-operation (GR-J) will examine elements for a draft reply at its meeting on 10 December 2013, following which a draft reply will be transmitted to the Deputies for adoption at one of their forthcoming meetings.

Recommendation 2014 (2013) adopted by the Parliamentary Assembly on 24 April 2012

“Young Europeans: an urgent educational challenge”

At their 1170th meeting (7 May 2013)6, the Deputies agreed to communicate Recommendation 2014 (2013) to the Steering Committee for Educational Policy and Practice (CDPPE), to the European Steering Committee for Youth (CDEJ), to the Advisory Council on Youth (CCJ) and to the Joint Council on Youth (CMJ), for information and possible comments by 12 July 2013.

The Rapporteur Group on Education, Culture, Sport, Youth and Environment (GR-C) will examine elements for a draft reply at its meeting on 28 November 2013, following which a draft reply will be transmitted to the Deputies for adoption at one of their forthcoming meetings.

Recommendation 2015 (2013) adopted by the Parliamentary Assembly on 24 April 2013

“Young people’s access to fundamental rights”

At their 1170th meeting (7 May 2013)7, the Deputies agreed to communicate Recommendation 2015 (2013) to the Steering Committee for Human Rights (CDDH), to the Gender Equality Commission (GEC), to the European Steering Committee for Youth (CDEJ), to the Advisory Council on Youth (CCJ), to the Joint Council on Youth (CMJ), to the Governmental Committee of the European Social Charter, to the European Centre for Global Interdependence and Solidarity (North-South Centre), to the European Committee for Social Cohesion (CDCS) and to the Steering Committee for Educational Policy and Practice (CDPPE), for information and possible comments by 12 July 2013.

The Rapporteur Group on Education, Culture, Sport, Youth and Environment (GR-C), in co-operation with the Rapporteur Group on Human Rights (GR-H), will examine elements for a draft reply at their meetings on
8 October and 15 October 2013
respectively, following which a draft reply will be transmitted to the Deputies for adoption at one of their forthcoming meetings.

Recommendation 2016 (2013) adopted by the Parliamentary Assembly on 25 April 2013

“Frontex: human rights responsibilities”

At their 1170th meeting (7 May 2013)8, the Deputies agreed to communicate Recommendation 2016 (2013) to the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), to the Group of Experts on Action against trafficking in Human Beings (GRETA) and to the Steering Committee for Human Rights (CDDH), for information and possible comments by 12 July 2013.

The Rapporteur Group on Human Rights (GR-H) will examine elements for a draft reply at its meeting on
12 December 2013
, following which a draft reply will be transmitted to the Deputies for adoption at one of their forthcoming meetings.

Recommendation 2017 (2013) adopted by the Parliamentary Assembly on 26 April 2013

“Nanotechnology: balancing benefits and risks to public health and the environment”

At their 1170th meeting (7 May 2013)9, the Deputies agreed to communicate Recommendation 2017 (2013) to the European Committee for Social Cohesion (CDCS), to the Committee on Bioethics (DH-BIO) and to the Steering Committee for Human Rights (CDDH), for information and possible comments by 12 July 2013.

The Rapporteur Group on Social and Health Questions (GR-SOC) will examine elements for a draft reply at its meeting on 26 November 2013, following which a draft reply will be transmitted to the Deputies for adoption at one of their forthcoming meetings.

Recommendation 2018 (2013) adopted by the Parliamentary Assembly on 31 May 2013

“Promoting alternatives to imprisonment”

At their 1173rd meeting (11-12 June 2013)10, the Deputies agreed to communicate Recommendation 2018 (2013) to the European Committee on Crime Problems (CDPC) and the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), for information and possible comments by 30 October 2013.

The Rapporteur Group on Legal Co-operation (GR-J) will examine elements for a draft reply at its meeting on 10 December 2013, following which a draft reply will be transmitted to the Deputies for adoption at one of their forthcoming meetings.

Recommendation 2019 (2013) adopted by the Parliamentary Assembly on 26 June 2013

“Corruption as a threat to the rule of law”

At their 1176th meeting (10 July 2013)11, the Deputies agreed to communicate Recommendation 2019 (2013) to the Enlarged Agreement on the “Group of States against Corruption” (GRECO), for information and possible comments by 31 October 2013.

The Rapporteur Group on Legal Co-operation (GR-J) will examine elements for a draft reply at its meeting on 10 December 2013 following which a draft reply will be transmitted to the Deputies for adoption at one of their forthcoming meetings.

Recommendation 2020 (2013) adopted by the Parliamentary Assembly on 26 June 2013

“Equal access to health care”

At their 1176th meeting (10 July 2013)12, the Deputies agreed to communicate Recommendation 2020 (2013) to the European Committee on Social Rights (ECSR), the Governmental Committee of the European Social Charter and of the European Code of Social Security, the Consumer Health Protection Committee (Partial Agreement) (CD-P-SC) and the European Committee for Social Cohesion (CDCS), for information and possible comments by 31 October 2013.

The Rapporteur Group on Social and Health Questions (GR-SOC) will examine elements for a draft reply at its meeting on 26 November 2013, following which a draft reply will be transmitted to the Deputies for adoption at one of their forthcoming meetings.

Recommendation 2021 (2013) adopted by the Parliamentary Assembly on 27 June 2013

“Tackling discrimination on the grounds of sexual orientation and gender identity”

At their 1176th meeting (10 July 2013)13, the Deputies agreed to communicate Recommendation 2021 (2013) to the Steering Committee for Human Rights (CDDH), for information and possible comments by 31 October 2013.

The Rapporteur Group on Human Rights (GR-H) will examine elements for a draft reply at its meeting on
12 December 2013
, following which a draft reply will be transmitted to the Deputies for adoption at one of their forthcoming meetings.

Recommendation 2022 (2013) adopted by the Parliamentary Assembly on 27 June 2013

“Post-monitoring dialogue with “the former Yugoslav Republic of Macedonia””

At their 1176th meeting (10 July 2013)14, the Deputies invited the Rapporteur Group on on Democracy
(GR-DEM) to prepare a draft reply to Recommendation 2022 (2013). The GR-DEM will examine elements for a draft reply at its meeting on 15 October 2013, following which a draft reply will be transmitted to the Deputies for adoption at one of their forthcoming meetings.

Appendix 1

List of Parliamentary Assembly Recommendations
to which replies and/or follow-up has been given

Recommendation 1974 (2011) “The interception and rescue at sea of asylum seekers, refugees and
irregular migrants”

Recommendation 1985 (2011) “Undocumented migrant children in an irregular situation: a real cause for
concern”

Recommendation 1994 (2012) “An additional protocol to the European Convention on Human Rights on
national minorities”

Recommendation 1995 (2012) “The International Convention for the Protection of all Persons from
Enforced Disappearance”

Recommendation 1996 (2012) “Equality between women and men: a condition for the success of the Arab
Spring”

Recommendation 1997 (2012) “The need to combat match-fixing”

Recommendation 1998 (2012) “The protection of freedom of expression and information on the Internet and
online media”

Recommendation 2000 (2012) “Decent pensions for all”

Recommendation 2001 (2012) “Protection of and access to the audiovisual cultural heritage”

Recommendation 2002 (2012) “The young generation sacrificed: social, economic and political implications
of the financial crisis”

Recommendation 2003 (2012) “Roma migrants in Europe”

Recommendation 2004 (2012) “Human rights and foreign policy”

Recommendation 2005 (2012) “The consolidation and international openness of the European Higher
Education Area”

Recommendation 2006 (2013) “The situation in Kosovo and the role of the Council of Europe”

Recommendation 2007 (2013) “Ensuring the viability of the Strasbourg Court: structural deficiencies in

States Parties”

Recommendation 2011 (2013) “Trafficking of migrant workers for forced labour”

Recommendation 2012 (2013) “Reinforcing the selection processes for experts of key Council of Europe

human rights monitoring mechanisms”

Appendix 2

Guidelines for drawing up draft replies

The following guidelines for drawing up draft replies apply: 15

- the Deputies rely on the expertise available within the Deputies, the relevant Rapporteur Group and the Secretariat, in preparing replies to Assembly recommendations;

- a steering committee should be consulted where there is a need for technical expertise which is not available within the Secretariat;

- the Deputies should concentrate on giving timely replies to Recommendations (within 3 months whenever possible);

- the Secretariat places immediately on the agenda any Assembly recommendation for which sufficient elements for a reply were available;

- where recommendations are to be examined, and the replies to them, prepared by a Rapporteur Group, care should be taken to ensure that they are given priority treatment in that Rapporteur Group's order of business;

- priority should be given to final replies (taking stock of the situation while at the same time informing the Assembly of the intentions of the CM with regard to the specific proposals);

- priority should be given to substance rather than procedure;16

- draft replies shall be as short, concise and result-oriented as possible;

- comments or opinions on a recommendation requested by the CM from steering committees or other bodies may assist the CM in drafting its reply and are not, unless agreed otherwise, appended;

- during the preparation of draft replies to recommendations, the Chair of the Deputies and/or Rapporteur Groups should take the necessary steps, especially when there is disagreement on the substance, to advance work by conducting consultations with delegations.

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.

2 Time limit for adoption of a reply: May 2013.

3 Time limit for adoption of a reply: May 2013.

4 Time limit for adoption of a reply: May 2013.

5 Time limit for adoption of a reply: August 2013.

6 Time limit for adoption of a reply: August 2013.

7 Time limit for adoption of a reply: August 2013.

8 Time limit for adoption of a reply: August 2013.

9 Time limit for adoption of a reply: August 2013.

10 Time limit for adoption of a reply: August 2013.

11 Time limit for adoption of a reply: November 2013.

12 Time limit for adoption of a reply: November 2013.

13 Time limit for adoption of a reply: November 2013.

14 Time limit for adoption of a reply: November 2013.

15 Cf. CM/Del/Dec(98)615, as amended by CM/AS(2003)Rec1567 final and CM(2011)96 final

16 Cf. CM(2009)142



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