784_DELDEC






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    Ministers’ Deputies

    Decisions

    CM/Del/Dec(2002)784 25 February 2002

    ———————————————

    784th meeting, 21 February 2002

    Decisions adopted

    ———————————————

    There was no decision under the following item:

    2.2

    CONTENTS

    PRESENT

    1. General questions

    1.1 Adoption of the agenda

    1.2 Preparation of forthcoming meetings

    1.3 Communication from the Secretary General

    1.4 Report of the Bureau

    1.5 Election of the Deputy Secretary General – Examination of nominations

    2. Political questions

    2.1 Current political questions
    a. Activities for the development and consolidation of democratic stability

    2.1 Current political questions
    b. Report of the Chairman of the Committee of Ministers on his visit to the Russian Federation (15-16 January 2002)

    2.1 Current political questions
    c. Other questions

    2.2 Situation in Cyprus -

    2.3 Compliance with commitments by Council of Europe member States – Declaration
    of the Committee of Ministers of 10 November 1994 ; Chairman’s summing-up following the 767th meeting (in camera) (11 December 2001) (cf. item 1.1)

    4. Human Rights

    4.1 European Commission against Racism and Intolerance (ECRI)
    a. Abridged report of the 26th meeting (Strasbourg, 11-14 December 2001)

    4.1 European Commission against Racism and Intolerance (ECRI)
    b. Draft Resolution Res(2002)… relating to the statute of the European Commission against Racism and Intolerance (ECRI)

    4.2 Steering Committee for Human Rights (CDDH)
    a. Abridged report of the 52nd meeting (Strasbourg, 6-9 November 2002)

    4.2 Steering Committee for Human Rights (CDDH)
    b. Draft Recommendation Rec(2002)… on access to official documents

    4.3 The contribution of the Council of Europe towards restoration of the rule of law, respect for human rights and democracy in Chechnya

    4.4 European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) – Implementation of the provisions of Protocol No. 2 to the European Convention concerning the election of CPT members

    4.5 European Convention on Human Rights - Draft Protocol No. 13 on the abolition of the death penalty in all circumstances

    4.6 European Social Charter - Collective complaint No. 10/2000 by STTK ry and Tehy ry against Finland

    4.7 European Court of Human Rights – Status and conditions of service of Judges

    4.8 Framework Convention for the Protection of National Minorities : Opinion of the Advisory Committee on Cyprus

    10. Legal questions

    10.1 European Committee on Legal Co-operation (CDCJ) – Abridged report of the 76th meeting (Strasbourg, 4-7 December 2001)

    10.2 Consultative Council of Europe Judges (CCJE) – Abridged report of the meeting (Strasbourg, 21-23 November 2001)

    10.3 European Commission for Democracy through Law (Venice Commission) - Draft Resolution Res(2002)… adopting the Statute of the European Commission for Democracy through Law

    11. Administration and Logistics

    11.1 Rapporteur Group on Administrative and Budgetary Questions (GR-AB) – Report of the Chair

    11.2 Accommodation needs of the Council of Europe
    a. New general building

    11.2 Accommodation needs of the Council of Europe
    b. New European Directorate for the Quality of Medicines building

    APPENDICES

    APPENDIX 1 784th Meeting of the Ministers' Deputies
    (item 1.1) (Strasbourg, 21 (10am) February 2002)
    Agenda 25

    APPENDIX 2 786th Meeting of the Ministers' Deputies
    (item 1.2) (Strasbourg, 6 (10am) March 2002)
    Draft Agenda 31

    APPENDIX 3 787th Meeting (in camera) of the Ministers' Deputies
    (item 1.2) (Strasbourg, 11 (11am) and 12 (9.30am) March 2002)
    Draft Agenda 35

    APPENDIX 4 788th Meeting of the Ministers' Deputies
    (item 1.2) (Strasbourg, 13 (10am) March 2002)
    Draft Agenda 37

    APPENDIX 5 789th Meeting of the Ministers' Deputies
    (item 1.2) (Strasbourg, 20 (10am) March 2002)
    Draft Agenda 41

    APPENDIX 6 790th Meeting of the Ministers' Deputies
    (item 1.2) (Strasbourg, 26 (10am) March 2002)
    Draft Agenda 43

    APPENDIX 7 Declaration on the Federal Republic of Yugoslavia 45
    (item 2.1a)

    APPENDIX 8 Recommendation Rec(2002)2
    (item 4.2b) of the Committee of Ministers to member states
    on access to official documents 47

    APPENDIX 9 Protocol No. 13 to the Convention for the Protection
    (item 4.5) of Human Rights and Fundamental Freedoms,
    concerning the abolition of the death penalty in all circumstances 53

    APPENDIX 10 Resolution ResChS(2002)2
    (item 4.6) on Collective complaint No. 10/2000
    STTK ry and Tehy ry against Finland 57

    APPENDIX 11 Resolution ResCMN(2002)3
    (item 4.8) on the implementation of the Framework Convention
    for the Protection of National Minorities by Cyprus 59

    APPENDIX 12 Specific terms of reference (CCJE) 63
    (item 10.2)

    APPENDIX 13 Resolution Res(2002)3
    (item 10.3) adopting the revised Statute of the European
    Commission for Democracy through Law 67

    The 784th meeting of the Ministers' Deputies opened on 21 February 2002 at 10.00am under the chairmanship of Mr R. Bernotas, Deputy for the Minister for Foreign Affairs of Lithuania.

    PRESENT

    ALBANIA
    Mr S. Caushi
    Mr G. Pecani
    Ms A. Kasa

    ANDORRA
    Ms I. Tor Faus
    Ms G. Cano

    ARMENIA
    Mr C. Ter Stepanian
    Ms N. Nikolian

    AUSTRIA
    Mr G. Locher

    AZERBAIDJAN
    Mr A. Mehdiyev
    Mr E. Sultanov

    BELGIUM
    Mr B. Cardon de Lichtbuer
    Mr B. Charlier

    BULGARIA
    Mr Y. Sterk
    Ms L. Bojkova
    Ms S. Alexova-Borissova

    CROATIA
    Mr N. Madey
    Ms D. Plejić-Marković

    Ms A. Tršić
    Mr M. Papa

    CYPRUS
    Mr C. Yiangou
    Mr M. Somakian
    Mr C. Petinos

    CZECH REPUBLIC
    Mr M. Bouček

    DENMARK
    Mr C. von Barnekow
    ESTONIA
    Ms P. Pumm
    Mr E. Harremoes

    FINLAND
    Mr E. Kourula
    Mr P. Vuorimäki

    FRANCE
    Mr J. Warin
    Mr J. Graebling
    Ms C. Robinet
    Mr M. Adam

    GEORGIA
    Ms L. Gogoberidze
    Mr G. Kadjaia
    Mr Z. Katchkatchishvili
    Mr P. Matchavariani

    GERMANY
    Mr R. Wegener
    Ms C. Gläser
    Mr C. Blosen

    GREECE
    Mr A. Theodoracopoulos
    Mr C. Manessis
    Ms O. Kliamaki
    Mr T. Rallis

    HUNGARY
    Mr J. Perényi
    Ms J. József
    Ms Z. Binczki

    ICELAND
    Mr H. Bjarnason

    IRELAND
    Mr J. Harman
    Ms O. McBreen

    ITALY
    Mr P. Ago
    Mr S. La Tella

    LATVIA
    Mr G. Andrejevs
    Mr J. Mazeiks

    LIECHTENSTEIN
    Mr J. Wolf
    Mr P. Mittelberger

    LITHUANIA
    Mr R. Bernotas, Chairman
    Ms D. Mickeviciene
    Ms G. Skripkaite
    Mr R. Motuzas
    Mr H.P. Furrer

    LUXEMBOURG
    Mr G. Philipps, Vice-Chairman
    Ms. B. Kirsch
    Ms. A. Kayser

    MALTA
    Mr J. Licari
    Ms E. Cutajar

    MOLDOVA
    Mr V. Gordas
    Mr S. Mihov

    NETHERLANDS
    Mr J.C. Landman
    Mr C. Meeuwis
    Mr G. C. de Boer
    Ms M. Jongman

    NORWAY
    Mr T. Aalbu
    Ms L Kristensen
    Ms A. Krutnes

    POLAND
    Mr K. Kocel
    Mr K Drzewicki

    Mr J. Wieczorek
    Ms I. Marczyk-Stepniewska

    PORTUGAL
    Mr P. Castilho
    Ms M.P. Leal Silva
    Mr P. Pessoa e Costa

    ROMANIA
    Mr G. Magheru
    Mr D. Tanase
    Ms R. Iftimie
    Ms L. Pasa
    Mr R. Rotundu
    RUSSIAN FEDERATION
    Mr A. Orlov
    Mr M. Entin
    Mr V. Lebedenko
    Mr V. Egorov

    SAN MARINO
    Mr G. Ceccoli

    SLOVAK REPUBLIC
    Ms E. Garajova
    Mr J. Kubla

    SLOVENIA
    Ms D Lavtižar Bebler

    SPAIN
    Mr G. Kirkpatrick
    Mr C. Aragon
    Mr M. Alonso

    SWEDEN
    Mr M. Ǻberg
    Ms A. Matejovsky

    SWITZERLAND
    Mr J.C Joseph
    Mr A.D Henchoz
    Mr S. Winkler

    "THE FORMER
    YUGOSLAV REPUBLIC
    OF MACEDONIA"
    Ms S. Zografska- Krsteska

    TURKEY
    Mr N. Hazar
    Mr B. Kaleli
    Mr K. Esener
    Ms K. Kiliç
    Ms N. Bayraktar
    Mr C. Őztas
    Ms N. Vechi

    UKRAINE
    Ms S. Stanik
    Mr S. Reva
    Mr M. Tochytskyi
    Ms N. Shakuro
    Mr O. Aleksandrovych

    UNITED KINGDOM
    Mr A. Carter
    Mr T. Robins

    *

    * *
    EUROPEAN
    COMMISSION
    -

    *

    * *

    Item 1.1

    1.1 Adoption of the agenda

    Decisions

    The Deputies

    1. agreed to postpone the following item on the draft agenda of their 784th meeting

    2.3 Compliance with commitments by Council of Europe member States - Declaration of the Committee of Ministers of 10 November 1994; Chairman’s summing-up following the 767th meeting (in camera) (11 December 2001)

    to one of their forthcoming meetings;

    2. taking into account decision 1 above, adopted the agenda of their 784th meeting as it appears at Appendix 1 to the present volume of Decisions.

    Item 1.2

    1.2 Preparation of forthcoming meetings

    Decisions

    The Deputies

    1. approved the draft agenda for their 786th meeting (6 (10am) March 2002), as it appears at Appendix 2 to the present volume of Decisions;

    2. approved the draft agenda for their 787th meeting (in camera) (11-12 March 2002), as it appears at Appendix 3 to the present volume of Decisions;

    3. approved the draft agenda for their 788th meeting (13 (10am) March 2002), as it appears at Appendix 4 to the present volume of Decisions;

    4. approved the draft agenda for their 789th meeting (20 (10am) March 2002), as it appears at Appendix 5 to the present volume of Decisions;

    5. approved the draft agenda for their 790th meeting (26 (10am) March 2002), as it appears at Appendix 6 to the present volume of Decisions.

    6. agreed to fix the starting time for their 787th meeting on 11 March 2002 at 11 a.m. and to continue it on 12 March 2002 from 9.30 a.m. to 12 noon.

    Item 1.3

    1.3 Communication from the Secretary General

    Decision

    The Deputies took note of the communication by the Secretary General, as it appears in document SG/Com(2002)784.

    Item 1.4

    1.4 Report of the Bureau
    (CM/Bur/Del(2002)5)

    Decision

    The Deputies took note of the Report of the Bureau meeting of 18 February 2002 (CM/Bur/Del(2002)5).

    Item 1.5

    1.5 Election of the Deputy Secretary General – Examination of nominations
    (CM/Del/Dec(2002)773/1.5, CM(2002)1, CM(2002)12 and CM(2002)16)

    Decisions

    The Deputies

    1. agreed to invite the candidates for the post of Deputy Secretary General to an interview;

    2. agreed that the interviews shall take place during their 788th meeting (13 March 2002);

    3. instructed the Secretariat to inform the candidates of the formalities for the said interviews.

    Item 2.1a

    2.1 Current political questions
    a. Activities for the development and consolidation of democratic stability

    (GR-EDS(2002)8, 9 and 11, GR-EDS(2002)CB3)

    Decisions

    The Deputies

    1. took note of the report by the Chair of their Rapporteur Group GR-EDS and of the synopsis of the meeting on 15 February 2002 (GR-EDS(2002)CB3), as well as of the exchange of views held on this matter at their present meeting;

    2. adopted the declaration on the Federal Republic of Yugoslavia as set out in
    Appendix 7 to the present volume of Decisions;

    3. having regard to the exchange of views planned for the next meeting of the GR-EDS (on 1 March 2002) with the Co-ordinator of the Presidency-in-Office of the Central European Initiative (CEI), invited their Chairman to contact the persons responsible for the South-East European Co-operation Process (SEECP) and the Black Sea Economic Co-operation Council (BSEC) in order to invite their participation, if possible, in this exchange of views.

    Item 2.1b

    2.1 Current political questions
    b. Report of the Chairman of the Committee of Ministers on his visit to the Russian Federation (15-16 January 2002)

    (CM/Inf(2002)7)

    Decisions

    The Deputies

    1. took note of the report by the Chairman of the Committee of Ministers on his visit to the Russian Federation (CM/Inf(2002)7);

    2. noted that their Chairman would communicate this report to the President of the Parliamentary Assembly.

    Item 2.1c

    2.1 Current political questions
    c. Other questions

    GT-SUIVI.AGO: report by the Chairman

    Decision

    The Deputies took note of the report by the Chair of the GT-SUIVI.AGO on the Group’s last meeting (18 February 2002) and of the subsequent debate.

    Item 4.1a

    4.1 European Commission against Racism and Intolerance (ECRI)
    a. Abridged report of the 26th meeting (Strasbourg, 11-14 December 2001)
    (CM(2002)3, Addendum 1, Addendum 2 and Addendum 3 (confidential))

    Decisions

    The Deputies

    1. transmitted ECRI’s country-by-country reports on Estonia, Georgia, Ireland, Italy and Romania to the governments in question;

    2. took note of ECRI’s proposals concerning the third round of its country-by-country work (CM(2002)3 Addendum 2), which will start in January 2003, and approved the procedure as contained in paragraph 26 of CM(2002)3 Addendum 2);

    3. took note of the abridged report of the 26th meeting as a whole.

    Item 4.1b

    4.1 European Commission against Racism and Intolerance (ECRI)
    b. Draft Resolution Res(2002)… relating to the statute of the European Commission against Racism and Intolerance (ECRI)

    (CM(2002)3, Addendum 1, Addendum 2 and Addendum 3 (confidential), CM/Inf(2002)9)

    Decisions

    The Deputies

    1. invited the GR-H to examine the text of the draft resolution relating to the statute of ECRI (CM(2002)3 Addendum 1) as well as the Secretary General’s observations on certain provisions of this text;

    2. agreed to return to this question at a later meeting in the light of the conclusions of the
    GR-H.

    Item 4.2a

    4.2 Steering Committee for Human Rights (CDDH)
    a. Abridged report of the 52nd meeting (Strasbourg, 6-9 November 2002)

    (CM(2002)8)

    Decisions

    The Deputies

    1. took note of the opinion of the CDDH on Parliamentary Assembly Recommendation 1418 (1999) on the protection of the human rights and dignity of the terminally ill and dying as it appears in Appendix II to CM(2002)8 and noted that the CDDH had carried out the ad hoc terms of reference assigned to it at the 728th meeting of the Deputies (30 October 2000, item 3.1);

    2. took note of the Opinion of the CDDH on Parliamentary Assembly Recommendation 1477 (2000) on execution of judgments of the European Court of Human Rights as it appears in Appendix III to CM(2002)8 and noted that the CDDH had carried out the ad hoc terms of reference assigned to it at the 726th meeting of the Deputies (18 October 2000, item 3.1);

    3. took note of the Opinion of the CDDH on Parliamentary Assembly Recommendation 1492 (2001) on the rights of national minorities as it appears in Appendix IV to CM(2002)8 and noted that the CDDH had carried out the ad hoc terms of reference assigned to it at the 742nd (15 February 2001, item 3.1) and 763rd (12 September 2001, item 4.4) meetings of the Deputies;

    4. noted that the GR-H would consider this opinion in the context of the draft reply to Recommendation 1492 (2002) to be prepared for the Deputies’ consideration at one of their forthcoming meetings;

    5. took note of the activity report prepared by the CDDH on additional rights for persons deprived of their liberty as it appears in Appendix V to CM(2002)8 and noted that the CDDH had carried out the ad hoc terms of reference assigned to it at the 720th meeting of the Deputies (13 September 2000, item 4.8);

    6. took note, in the light of decisions 1-5 above, of the abridged report of the 52nd meeting of the CDDH as a whole (see CM(2002)8).

    Item 4.2b

    4.2 Steering Committee for Human Rights (CDDH)
    b. Draft Recommendation Rec(2002)… on access to official documents

    (CM(2002)8)

    Decisions

    The Deputies
     
    1. adopted Recommendation Rec(2002)2 on access to official documents as it appears in Appendix 8 to the present volume of Decisions;

    2. took note of the explanatory memorandum thereto, as contained in Appendix I to CM(2002)8.

    Item 4.3

    4.3 The contribution of the Council of Europe towards restoration of the rule of law, respect for human rights and democracy in Chechnya
    (CM/Del/Dec(2002)780/4.3, SG/Inf(2002)2 and Addendum, CM/Inf(2002)7)

    Decision

    The Deputies agreed to resume consideration of this item at their 785th meeting
    (26-27 February 2002).

    Item 4.4

    4.4 European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) – Implementation of the provisions of Protocol No. 2 to the European Convention concerning the election of CPT members
    (CM(2002)7)

    Decisions

    The Deputies

    1. agreed, in the light of the objective set out in the new paragraph 4 of Article 5 of the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, to divide, for election purposes, members of the CPT elected in respect of the existing 41 Parties to the Convention into two groups "A" and "B", composed as follows:

      GROUP A
      Based on 19 December 2005 and subsequent four year periods

      GROUP B
      Based on 19 December 2007 and subsequent four year periods

      Members elected in respect of:
      - Austria
      - Bulgaria
      - Croatia
      - Denmark
      - Estonia
      - France
      - Georgia
      - Germany
      - Hungary
      - Liechtenstein
      - Luxembourg
      - Moldova
      - Netherlands
      - Norway
      - Slovenia
      - Spain
      - Sweden
      - Switzerland
      - Turkey
      - Ukraine
      - United Kingdom

      Members elected in respect of:
      - Albania
      - Andorra
      - Belgium
      - Cyprus
      - Czech Republic
      - Finland
      - Greece
      - Iceland
      - Ireland
      - Italy
      - Latvia
      - Lithuania
      - Malta
      - Poland
      - Portugal
      - Romania
      - Russian Federation
      - San Marino
      - Slovak Republic
      - "the former Yugoslav Republic
      of Macedonia"

    2. decided to apply the procedure provided for in paragraph 4 of Article 5 of the Convention to any election of CPT members in respect of the existing 41 Parties to the Convention to be held as from 1 March 2002, in such a way as progressively to establish the two groups "A" and "B".

    Item 4.5

    4.5 European Convention on Human Rights - Draft Protocol No. 13 on the abolition of the death penalty in all circumstances

    Decisions

    The Deputies

    1. adopted Protocol N° 13 to the European Convention on Human Rights on the abolition of the death penalty in all circumstances, as it appears at Appendix 9 to the present volume of Decisions;

    2. authorised the publication of the Explanatory Report to the above-mentioned Protocol N° 13;

    3. decided to open the Protocol for signature to member States of the Council of Europe who are signatories of the European Convention on Human Rights;

    4. decided that the opening for signature of this Protocol would take place on the occasion of the 110th Session of the Committee of Ministers (Vilnius, 2-3 May 2002).

    Item 4.6

    4.6 European Social Charter - Collective complaint No. 10/2000 by STTK ry and Tehy ry against Finland
    (Report of the European Committee of Social Rights)

    Decision

    In conformity with Article 9 of the Additional Protocol to the European Social Charter providing for a system of collective complaints, the Deputies in their composition restricted to the Representatives of the Contracting Parties to the European Social Charter or to the revised European Social Charter in the Committee of Ministers 1 adopted Resolution ResChs(2002)2 as it appears at Appendix 10 to the present volume of Decisions.

    Item 4.7

    4.7 European Court of Human Rights – Status and conditions of service of Judges

    Decision

    The Deputies invited the Secretary General to draw up, as a matter of urgency and in consultation with the President of the Court, proposals enabling the Committee of Ministers to proceed with the review of provisional regulations set out in the Appendices to Resolution (97) 9, bearing in mind both the necessity to reassess the conditions of service of judges in the light of the needs of the proper functioning of the Court and the limited budgetary appropriations available.

    Item 4.8

    4.8 Framework Convention for the Protection of National Minorities : Opinion of the Advisory Committee on Cyprus
    (CM(2001)89 and Addendum)

    Decisions

    The Deputies

    1. adopted Resolution ResCMN(2002)3 concerning the application of the Framework Convention for the Protection of National Minorities by Cyprus, as it appears at Appendix 11 to the present volume of Decisions;

    2. invited the Advisory Committee to take note of Resolution ResCMN(2002)3, in particular as regards the follow-up to the adopted conclusions and recommendations.

    Item 10.1

    10.1 European Committee on Legal Co-operation (CDCJ) – Abridged report of the 76th meeting (Strasbourg, 4-7 December 2001)
    (CM(2002)4, CM(2001)185 revised and Addendum)

    Decisions

    The Deputies

    1. agreed, pending receipt of the Parliamentary Assembly opinion, to postpone consideration of the draft Convention on Contact concerning Children to a future meeting;

    2. approved the revised specific terms of reference of the Project Group on Administrative Law (CJ-DA) as they appear in Appendix V to CM(2002)4);

    3. approved the revised specific terms of reference of the Committee of Experts on Nationality (CJ-NA) as they appear in Appendix VI to CM(2002)4);

    4. took note of the opinions of the CDCJ on Parliamentary Assembly Recommendation 1500 (2001) on participation of immigrants and foreign residents in political life in the Council of Europe member States (Appendix III to CM(2002)4) and Parliamentary Assembly Recommendation 1443 (2000) on international adoption: respecting children’s rights (Appendix IV to CM(2002)4);

    5. took note, bearing in mind decisions 1 to 4 above, of the abridged report of the CDCJ’s 76th meeting, as a whole (CM(2002)4).

    Item 10.2

    10.2 Consultative Council of Europe Judges (CCJE) – Abridged report of the meeting (Strasbourg, 21-23 November 2001)
    (CM(2002)11)

    Decisions

    The Deputies

    1. adopted the revised specific terms of reference of the Consultative Council of European Judges (CCJE) as set out in Appendix 12 to the present volume of Decisions;

    2, took note of Opinion No. 1 (2001) of the CCJE on standards concerning the independence of the judiciary and the irremoveability of judges (CM(2002)11 Appendix II);

    3. took note of Opinion No. 2 (2001) on the funding and management of courts with reference to the efficiency of the judiciary and to Article 6 of the European Convention on Human Rights (CM(2002)11 Appendix III);

    4. in the light of decisions 1 to 3 above, took note of the abridged report of the second meeting of the CCJE as a whole (CM(2002)11).

    Item 10.3

    10.3 European Commission for Democracy through Law (Venice Commission) - Draft Resolution Res(2002)… adopting the Statute of the European Commission for Democracy through Law
    (CM/Del/Dec(2002)781/10.5, 782/10.2)

    Decision

    The Deputies adopted Resolution Res(2002)3 adopting the revised statute of the European Commission for Democracy through Law, as it appears at Appendix 13 to the present volume of Decisions.

    Item 11.1

    11.1 Rapporteur Group on Administrative and Budgetary Questions (GR-AB) – Report of the Chair
    (GR-AB(2002)CB2)

    Decision

    The Deputies took note of the work of the GR-AB and authorised the Secretariat to carry out the follow-up work referred to in the synopsis of the meeting of 14 February 2002 (GR-AB(2002)CB2).

    Item 11.2a

    11.2 Accommodation needs of the Council of Europe
    a. New general building

    (CM/Del/Dec(2000)733/11.3a, CM/Del/Dec(2001)772/11.1a and 772/11.7, CM(2002)19,
    GR-AB(2002)CB2)

    Decisions

    The Deputies

    1. authorised the Secretary General to appoint the staff required and carry out preliminary studies for a new general building;

    2. authorised the Secretary General, acting on the CAHB’s recommendations (CM(2002)19), to implement procedures for a competition following an invitation for candidatures from the Council of Europe member states;

    3. noted that the cost of the studies and architectural competition was estimated at € 873,000 for 2002 and the first quarter of 2003;

    4. authorised the setting up of a special account entitled “New general building – preliminary studies” intended for the processing of expenditure on preliminary studies;

    5. set the closing date of the special account at 31 December 2004 pending the final decision on the construction of the building;

    6. decided that no fixed rate deductions would be made in respect of overheads;

    7. authorised the Secretary General to pay € 873,000 into the special account from the amounts set aside in the form of a reserve under the 1999 and 2000 extraordinary budgets.

    Item 11.2b

    11.2 Accommodation needs of the Council of Europe
    b. New European Directorate for the Quality of Medicines building

    (CM/Del/Dec(2000)733/11.3b.2, CM/Del/Dec(2001)772/11.1b.2, CM(2002)19, GR-AB(2001)29, GR-AB(2002)CB2)

    Decisions

    The Deputies, in their composition restricted to Representatives of the States Parties to the Convention on the Elaboration of a European Pharmacopoeia (Austria, Belgium, Croatia, Cyprus, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Luxembourg, Netherlands, Norway, Portugal, Slovakia, Slovenia, Spain, Sweden, Switzerland, “the former Yugoslav Republic of Macedonia”, Turkey and United Kingdom)

    1. decided, in principle, the construction of a new building to meet the accommodation needs of the European Department for the Quality of Medicines;

    2. took note with satisfaction that the site on which the building can be erected and which belongs to the City of Strasbourg could be ceded to the Council of Europe for a token sum;

    3. recalled the plan for financing the new EDQM building, as detailed by the Director General of Administration and Logistics at the present meeting, and took note that this would not lead to additional contributions by member states;

    4. authorised the Secretary General to appoint the staff required and carry out preliminary studies for a new EDQM building;

    5. authorised the Secretary General, acting on the CAHB’s recommendations (CM(2002)19), to implement procedures for a competition following an invitation for candidatures from the Council of Europe member states;

    6. noted that the cost of the studies and architectural competition was estimated at € 842,000 for 2002 and the first quarter of 2003;

    7. authorised the setting up of a special account entitled “New EDQM building – preliminary studies”, intended for the processing of expenditure on preliminary studies;

    8. set the closing date of the special account at 31 December 2004 pending the final decision on the construction of the building;

    9. decided that no fixed rate deductions would be made in respect of overheads;

    10. authorised the Secretary General to pay € 842,000 into the special account from the amounts set aside in the form of the reserve “financing the accommodation requirements of the European Pharmacopoeia” in the framework of the adoption of the accounts for the financial years 1999 and 2000;

    11. agreed to resume consideration of this matter at one of their forthcoming meetings.

    Appendix 1
    (item 1.1)

    784 Meeting of the Ministers’ Deputies
    Strasbourg, 21 February 2002 (10.00 am)

    Agenda

 

1. General questions

 

1.1

Adoption of the Agenda

 

1.2

Preparation of forthcoming meetings
(CM/Notes/784/1.2 of 19.2.2002)


 

1.3

Communication from the Secretary General

 

1.4

Report of the Bureau

 

1.5

Election of the Deputy Secretary General – Examination of nominations
(CM/Del/Dec(2002)773/1.5, CM(2002)1, CM(2002)12 and CM(2002)16)
(CM/Notes/784/1.5 of 18.2.2002)


     

    2. Political questions

     

    2.1

    Current political questions

    a. Activities for the development and consolidation of democratic stability
    (Item prepared by the GR-EDS)


    b. Report of the Chairman of the Committee of Ministers on his visit to the Russian Federation (15-16 January 2002)
    (CM/Inf(2002)7prov.)

    c. Other questions

    (GR-EDS(2002)8, 9 and 11, GR-EDS(2002)CB3)
    (CM/Notes/784/2.1 of 20.2.2002)


     

    2.2

    Situation in Cyprus

     

    2.3

    Compliance with commitments by Council of Europe member States - Declaration of the Committee of Ministers of 10 November 1994; Chairman’s summing-up following the 767th meeting (in camera) (11 December 2001)
    (CM/Monitor(2002)1)

    (Item postponed)

     

    4. Human Rights

     

    4.1

    European Commission against Racism and Intolerance (ECRI)

    a. Abridged report of the 26th meeting (Strasbourg, 11-14 December 2001)

    b. Draft Resolution Res(2002)… relating to the statute of ECRI

    (CM(2002)3, Addendum 1, Addendum 2 and Addendum 3 (confidentiel))

    (CM/Notes/784/4.1 of 8.2.2002)


     

    4.2

    Steering Committee for Human Rights (CDDH)

    a. Abridged report of the 52nd meeting (Strasbourg, 6-9 November 2001)

    b. Draft Recommendation Rec(2002)… of the Committee of Ministers to member states on access to official documents

    (CM(2002)8)
    (CM/Notes/784/4.2 of 29.1.2002)


     

    4.3

    The contribution of the Council of Europe towards the restoration of the rule of law, respect for human rights and democracy in Chechnya
    (CM/Del/Dec(2002)780/4.3, SG/Inf(2002)2 and Addendum, CM/Inf(2002)7prov.)
    (CM/Notes/784/4.3 of 15.2.2002)


     

    4.4

    European Committee for the prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) – Implementation of the provisions of Protocol 2 to the European Convention concerning the election of CPT members
    (CM(2002)7)
    (CM/Notes/784/4.4 of 7.2.2002)


     

    4.5

    European Convention on Human Rights – Draft Protocol n° 13 on the abolition of the death penalty in all circumstances
    (CM(2002)8)
    (CM/Notes/784/4.5 of 14.2.2002)
    (Item prepared by the GR-H)


     

    4.6

    European Social Charter – Collective complaint No. 10/2000 by STTK ry and They ry against Finland
    (CM/Notes/784/4.6 of 7.2.2002)


     

    4.7

    European Court of Human Rights – Status and conditions of service of Judges
    (
    CM/Notes/784/4.7 of 8.2.2002)

     

    4.8

    Framework Convention for the Protection of National Minorities: Opinion of the Advisory Committee on Cyprus
    (
    CM(2001)89 and Addendum )
    ( CM/Notes/784/4.8 of 8.2.2002)


     

    10. Legal questions

     

    10.1

    European Committee on Legal Co-operation (CDCJ) – Abridged report of the
    76th meeting (Strasbourg, 4-7 December 2001)
    (CM(2001)185rev and Addendum, CM(2002)4)
    (CM/Notes/784/10.1 of 4.2.2002)


     

    10.2

    Consultative Council of Europe Judges (CCJE) – Abridged report of the
    2nd meeting (Strasbourg, 21-23 November 2001)
    (CM(2002)11)
    (CM/Notes/784/10.2 of 4.2.2002)


     

    10.3

    European Commission for Democracy through Law (Venice Commission) – Draft Resolution Res(2002)… adopting the Statute of the European Commission for Democracy through Law
    (CM/Del/Dec(2002)781/10.5 and 782/10.2)
    (CM/Notes/784/10.3 of 20.2.2002)
    (Item prepared by the ad hoc group)


     

    11. Administration and Logistics

     

    11.1

    Rapporteur Group on Administrative and Budgetary Questions (GR-AB) – Report by the Chair
    (GR-AB(2002)CB2)
    (CM/Notes/784/11.1 of 19.2.2002)


     

    11.2

    Accommodation needs of the Council of Europe
    (CM/Del/Dec(2000)733/11.3a and b2, (2001)772/11.1a and b2 and 11.7, CM(2000)153, CM(2002)19,
    GR-AB(2001)29 et GR-AB(2002)CB2)
    (CM/Notes/784/11.2 of 20.2.02)
    (Item prepared by the GR-AB)


     

    13. Any other business

    Appendix 2
    (item 1.2)

    786 Meeting of the Ministers' Deputies
    (Strasbourg, 6(10am) March 2002)

    Draft Agenda

    In application of the rules for the dispatch of reference documents and Notes on the Agenda, the deadlines are:
    CM: 6 February 2002
    Notes: 22 February 2002

     

    1. General questions

     

    1.1

    Adoption of the Agenda

     

    1.2

    Preparation of forthcoming meetings

     

    1.3

    Communication from the Secretary General

     

    1.4

    Report of the Bureau

     

    1.5

    Conferences of Specialised Ministers – State of preparation
    (The Secretariat proposes to postpone this item to the 788th meeting
    (13 March 2002) of the Ministers’ Deputies)


     

    2. Political questions

     

    2.1

    Current political questions

    a. Activities for the development and consolidation of democratic stability
    (Item to be prepared by the GR-EDS)


    b. Other questions

    (CM/Notes/786/2.1 of …)


     

    2.2

    Situation in Cyprus

     

    4. Human Rights

     

    4.1

    European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) – Election of members of the CPT in respect of Norway and France
    (CM(2002)20)
    (CM/Notes/786/4.1 of …)
    (Item to be prepared by the GR-H)


     

    4.2

    Framework Convention for the Protection of National Minorities – Election of an expert to the list of experts eligible to serve on the Advisory Committee in respect of the Federal Republic of Yugoslavia
    (CM(2002)36 of 19.2.2002)
    (CM/Notes/786/4.2 of …)
    (Item added after approval of the preliminary draft Agenda)

    (Item to be prepared by the GR-H)


     

    4.3

    European Social Charter – Collective complaint No. 8/2000 by the Quaker Council for European Affairs (QCEA) against Greece
    (CM/Del/Dec(2001)758/4.1 and 759/4.4, CM/Notes/759/4.4)

    (CM/Notes/786/4.3 of 22.2.02)
    (Item added after approval of the preliminary draft Agenda)

     

    10. Legal questions

     

    10.1

    Steering Committee on Local and Regional Democracy (CDLR) – Abridged report of the 28th meeting (Strasbourg, 10-12 December 2001)
    (CM(2002)10, Addendum 1 Part A, Addendum 1 Part B and Addendum 1 Part C, Addendum 2 and Corrigendum, Addendum 3 and Addendum 4)
    (CM/Notes/786/10.1 of …)


     

    11. Administration and logistics

     

    11.1

    New Staff Policy (NSP)

    a. Plan for integrating within the establishment table posts of a structural nature currently remunerated by temporary staff appropriations
    (CM(2002)31)


       

    b. Proposals for derogation provisions to permit the holding of a competition reserved for serving temporary staff
    (CM(2002)32)

    (CM/Del/Dec(2001)759/11.3, SG/Inf(2002)4, 5 and 6, GR-AB(2001)12, 22 and 24)
    (CM/Notes/786/11.1 of …)
    (Item to be prepared by the GR-AB)


     

    13. Any other business

    Appendix 3
    (item 1.2)

    787 Meeting (in camera), 11 (11am) and 12 (9.30am) March 2002

    Draft Agenda

      1.

      General questions

      1.1

     

      Adoption of the Agenda and Order of Business (Chairman’s proposals)
      (CM/Del/OT(2002)787)

      2.

      Political questions

      Items possibly to be dealt with without debate:

      2.1

      Progress reports submitted in written form 2

       
     

      i.

      functioning and protection of democratic institutions, including matters relating to political parties and free elections (contd.)

     

      ii.
      iii.

      functioning of judicial system (contd.)

      capital punishment (contd.)

     

      iv.

      police and security forces (contd.)

     

      v.

      effectiveness of judicial remedies (contd.)

     

      vi.

      non-discrimination, with emphasis on the fight against intolerance and racism

     

      (Monitor/Inf(2001)4; CM/Monitor(2002) …)

       

      2.2

      Freedom of expression: Secretary General’s request

      2.3

      Improvement of Committee of Ministers thematic monitoring procedure

       

      3.

      Other business

    Appendix 4
    (item 1.2)

    788 Meeting of the Ministers' Deputies
    (Strasbourg, 13(10am) March 2002)

    Draft Agenda

    In application of the rules for the dispatch of reference documents and Notes on the Agenda, the deadlines are:
    CM: 13 February 2002
    Notes: 1 March 2002

 

1. General questions

 

1.1

Adoption of the Agenda

 

1.2

Preparation of forthcoming meetings

 

1.3

Communication from the Secretary General

 

1.4

Report of the Bureau

 

1.5

Election of the Deputy Secretary General – Interviews with candidates
(CM/Del/Dec(2001)773/1.5, (2002)784/1.5 and (2002)784/1.5, CM(2002)1, CM(2002)12 and CM(2002)16)
(CM/Notes/788/1.5 of …)


 

2. Political questions

 

2.1

Current political questions

 

2.2

Situation in Cyprus

 

4. Human Rights

 

4.1

Steering Committee for Equality between Women and Men (CDEG)

a. Abridged report of the 23rd meeting (Strasbourg, 28-30 November 2002)

b. Draft Recommendation Rec(2002)… of the Committee of Ministers to member states on the protection of women against violence

(CM(2002)17 and Addendum)
(CM/Notes/788/4.1 of …)


 

4.2

Framework Convention for the Protection of National Minorities - Opinion of the Advisory Committee on Romania
(CM(2001)91rev and Addendum)
(CM/Notes/788/4.2 of …)
(Item to be prepared by the GR-H)


 

4.3

Framework Convention for the Protection of National Minorities – Appointment of 9 ordinary members to fill vacant seats in the Advisory Committee
(CM/Notes/788/4.3 of …)


 

6. Social cohesion

 

6.1

Draft Recommendation Rec(2002)… of the Committee of Ministers to member states on the legal status of persons admitted for family reunification – Opinion of the Steering Committee on Local and Regional Democracy (CDLR)
(CM/Del/Dec(2001)774/6.1c, CM(2001)161 Addendum revised and CM(2002)10)
(CM/Notes/788/6.1 of 20.2.2002)


 

6.2

Public Health Committee (Partial Agreement) (CD-P-SP) – Abridged report of the 68th meeting (Strasbourg, 26 November 2001)
(CM(2002)23)
(CM/Notes/788/6.2 of 20.2.2002)


 

6.3

European Population Committee (CAHP) – Abridged report of the 2nd meeting (Strasbourg, 5-7 December 2001)
(CM(2002)24)
(CM/Notes/788/6.3 of …)


 

6.4

Demographic change and sustainable development – Parliamentary Assembly Recommendation 1515(2001)
(REC_1515 (2001))
(CM/Notes/788/6.4 of …)


 

7. Education and culture

 

7.1

Second Informal Conference of Ministers of Education from South-East Europe (Strasbourg, 19-20 November 2001) – The future of educational reforms and the obstacles facing them – from the brain drain to brain gain – Final Declaration
(CM(2002)22)
(CM/Notes/788/7.1 of …)


 

10. Legal questions

 

10.1

Committee of Advisers for the Development of Transfrontier Co-operation in Central and Eastern Europe - 1st annual report covering the year 2001
(DG-I(2002)2)
(CM/Notes/788/10.1 of …)


 

10.2

Protection of the human genome by the Council of Europe – Parliamentary Assembly Recommendation 1512 (2001)
(REC_1512 (2001))
(CM/Notes/788/10.2 of …)


 

13. Any other business

    Appendix 5
    (item 1.2)

    789 Meeting of the Ministers' Deputies
    (Strasbourg, 20(10am) March 2002)

    Draft Agenda

    In application of the rules for the dispatch of reference documents and Notes on the Agenda, the deadlines are:
    CM: 20 February 2002
    Notes: 8 March 2002

 

1. General questions

 

1.1

Adoption of the Agenda

 

1.2

Preparation of forthcoming meetings
(CM/Notes/789/1.2 of …)


 

1.3

Communication from the Secretary General

 

1.4

Report of the Bureau

 

2. Political questions

 

2.1

Current political questions

 

2.2

Situation in Cyprus

 

3. Parliamentary Assembly

 

3.1

Communication by the Secretary General of the Assembly on the Standing Committee and International Forum on combatting terrorism (St. Petersburg, 26-28 March 2002)

 

4. Human Rights

 

4.1

Abolition of the death penalty in Council of Europe observer states – Parliamentary Assembly Recommendation 1522 (2001) - Exchange of views with Mrs Wohlwend, Rapporteur of the Parliamentary Assembly
(CM/Notes/789/4.1 of …)


 

4.2

Framework Convention for the Protection of National Minorities:

a. Opinion of the Advisory Committee on Estonia

b. Opinion of the Advisory Committee on Italy

(CM(2001)159 and Addendum of .. and CM(2001)158 and Addendum)
(CM/Notes/789/4.2 of …)
(Item to be prepared by the GR-H)


 

4.3

The contribution of the Council of Europe towards the restoration of the rule of law, respect for human rights and democracy in Chechnya
(SG/Inf(2002)…)
(CM/Notes/789/4.3 of …)


 

4.4

European Social Charter – Collective complaint No. 9/2000 by la Confédération française de l’Encadrement-CGC v.France
(CM/Notes/789/4.4 of …)
(Item added after approval of the preliminary draft Agenda)

     

    8. Youth and sport

     

    8.1

    European Steering Committee for Youth (CDEJ) – Abridged report of the 28th meeting (Luxembourg, 22 January 2002)
    (CM(2002)33)
    (CM/Notes/789/8.1 of 22.2.2002)
    (Item to be prepared by the GR-C)

     

    8.2

    Programming Committee of the European Youth Centres and European Youth Foundation – Report on the activities of the youth sector of the Council of Europe in 2001 – (DGIV-YOUTH/SPORT(2002)1 and 2)
    (CM/Notes/789/8.2 of …)
    (Item to be prepared by the GR-C)

     

    13. Any other business

    Appendix 6
    (item 1.2)

    790 Meeting of the Ministers' Deputies
    (Strasbourg, 26(10am) March 2002)

    Draft Agenda

    In application of the rules for the dispatch of reference documents and Notes on the Agenda, the deadlines are:
    CM: 27 February 2002
    Notes: 15 March 2002

 

1. General questions

 

1.1

Adoption of the Agenda

 

1.2

Preparation of forthcoming meetings

 

1.3

Communication from the Secretary General

 

1.4

Report of the Bureau

 

1.5

Committee of Ministers – Preparation of the 110th Session (Vilnius, 2-3 May 2002)
(CM/Notes/790/1.5 of …)


 

2. Political questions

 

2.1

Current political questions

 

2.2

Situation in Cyprus

     

    4. Human Rights

     

    4.1

    Protection of the human rights and dignity of the terminally ill and the dying – Parliamentary Assembly Recommendation 1418 (1999)
    (REC_1418 (1999) and GR-H(2002)7)
    (CM/Notes/790/4.1 of …)
    (Item to be prepared by the GR-H)


     

    12. Congress of Local and Regional Authorities of Europe (CLRAE)

     

    12.1

    Mini-Session of the CLRAE (Strasbourg, 20-22 March 2002) - Communication by the Chief Executive

     

    13. Any other business

    Appendix 7
    (item 2.1a)

    Declaration on the Federal Republic of Yugoslavia

    (Adopted by the Committee of Ministers on 21 February 2002,
    at the 784th meeting of the Ministers’ Deputies)

    The Committee of Ministers of the Council of Europe welcomes and supports the efforts of the European Union High Representative for Foreign and Security Policy, Javier Solana, to reach a political agreement between the authorities of the Federal Republic of Yugoslavia, Serbia and Montenegro on the future federal structure of Yugoslavia.

    In this context the Committee of Ministers recalls its support “for a democratic Montenegro within a democratic Yugoslavia”, as stated in the final communiqué of the 108th Session in May 2001.

    It is convinced that the proposals made by High Representative Solana serve the interests of both Serbia and Montenegro and offer the best perspectives for their joint and speedy integration into the structures of democratic Europe, starting with the Council of Europe.

    The Committee of Ministers recalls that the Venice Commission for Democracy through Law is already contributing legal expertise to the negotiating process.

    Appendix 8
    (item 4.2b)

    Recommendation Rec(2002)2
    of the Committee of Ministers to member states
    on access to official documents

    (Adopted by the Committee of Ministers on 21 February 2002
    at the 784th meeting of the Ministers' Deputies
    )

    The Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of Europe,

    Considering that the aim of the Council of Europe is to achieve greater unity between its members for the purpose of safeguarding and realising the ideals and principles which are their common heritage;

    Bearing in mind, in particular, Article 19 of the Universal Declaration of Human Rights, Articles 6, 8 and 10 of the European Convention on Human Rights and Fundamental Freedoms, the United Nations Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (adopted in Aarhus, Denmark, on 25 June 1998) and the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data of 28 January 1981 (ETS No. 108); the Declaration on the freedom of expression and information adopted on 29 April 1982; as well as Recommendation No. R (81) 19 on the access to information held by public authorities, Recommendation No. R (91) 10 on the communication to third parties of personal data held by public bodies; Recommendation No. R (97) 18 concerning the protection of personal data collected and processed for statistical purposes and Recommendation No. R (2000) 13 on a European policy on access to archives;

    Considering the importance in a pluralistic, democratic society of transparency of public administration and of the ready availability of information on issues of public interest;

    Considering that wide access to official documents, on a basis of equality and in accordance with clear rules:

    - allows the public to have an adequate view of, and to form a critical opinion on, the state of the society in which they live and on the authorities that govern them, whilst encouraging informed participation by the public in matters of common interest;

    - fosters the efficiency and effectiveness of administrations and helps maintain their integrity by avoiding the risk of corruption;

    - contributes to affirming the legitimacy of administrations as public services and to strengthening the public’s confidence in public authorities;

    Considering therefore that the utmost endeavour should be made by member states to ensure availability to the public of information contained in official documents, subject to the protection of other rights and legitimate interests;

    Stressing that the principles set out hereafter constitute a minimum standard, and that they should be understood without prejudice to those domestic laws and regulations which already recognise a wider right of access to official documents;

    Considering that, whereas this instrument concentrates on requests by individuals for access to official documents, public authorities should commit themselves to conducting an active communication policy, with the aim of making available to the public any information which is deemed useful in a transparent democratic society,

    Recommends the governments of member states to be guided in their law and practice by the principles set out in this recommendation.

    I. Definitions

    For the purposes of this recommendation:

    "public authorities" shall mean:

    i. government and administration at national, regional or local level;

    ii. natural or legal persons insofar as they perform public functions or exercise administrative authority and as provided for by national law.

    “official documents” shall mean all information recorded in any form, drawn up or received and held by public authorities and linked to any public or administrative function, with the exception of documents under preparation.

    II. Scope

    1. This recommendation concerns only official documents held by public authorities. However, member states should examine, in the light of their domestic law and practice, to what extent the principles of this recommendation could be applied to information held by legislative bodies and judicial authorities.

    2. This recommendation does not affect the right of access or the limitations to access provided for in the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data.

    III. General principle on access to official documents

    Member states should guarantee the right of everyone to have access, on request, to official documents held by public authorities. This principle should apply without discrimination on any ground, including that of national origin.

    IV. Possible limitations to access to official documents

    1. Member states may limit the right of access to official documents. Limitations should be set down precisely in law, be necessary in a democratic society and be proportionate to the aim of protecting:

    i. national security, defence and international relations;
    ii. public safety;
    iii. the prevention, investigation and prosecution of criminal activities;
    iv. privacy and other legitimate private interests;
    v. commercial and other economic interests, be they private or public;
    vi. the equality of parties concerning court proceedings;
    vii. nature;
    viii. inspection, control and supervision by public authorities;
    ix. the economic, monetary and exchange rate policies of the state;
    x. the confidentiality of deliberations within or between public authorities during the internal preparation of a matter.

    2. Access to a document may be refused if the disclosure of the information contained in the official document would or would be likely to harm any of the interests mentioned in paragraph 1, unless there is an overriding public interest in disclosure.

    3. Member states should consider setting time limits beyond which the limitations mentioned in paragraph 1 would no longer apply.

    V. Requests for access to official documents

    1. An applicant for an official document should not be obliged to give reasons for having access to the official document.

    2. Formalities for requests should be kept to a minimum.

    VI. Processing of requests for access to official documents

    1. A request for access to an official document should be dealt with by any public authority holding the document.

    2. Requests for access to official documents should be dealt with on an equal basis.

    3. A request for access to an official document should be dealt with promptly. The decision should be reached, communicated and executed within any time limit which may have been specified beforehand.

    4. If the public authority does not hold the requested official document it should, wherever possible, refer the applicant to the competent public authority.

    5. The public authority should help the applicant, as far as possible, to identify the requested official document, but the public authority is not under a duty to comply with the request if it is a document which cannot be identified.

    6. A request for access to an official document may be refused if the request is manifestly unreasonable.

    7. A public authority refusing access to an official document wholly or in part should give the reasons for the refusal.

    VII. Forms of access to official documents

    1. When access to an official document is granted, the public authority should allow inspection of the original or provide a copy of it, taking into account, as far as possible, the preference expressed by the applicant.

    2. If a limitation applies to some of the information in an official document, the public authority should nevertheless grant access to the remainder of the information it contains. Any omissions should be clearly indicated. However, if the partial version of the document is misleading or meaningless, such access may be refused.

    3. The public authority may give access to an official document by referring the applicant to easily accessible alternative sources.

    VIII. Charges for access to official documents

    1. Consultation of original official documents on the premises should, in principle, be free of charge.

    2. A fee may be charged to the applicant for a copy of the official document, which should be reasonable and not exceed the actual costs incurred by the public authority.

    IX. Review procedure

    1. An applicant whose request for an official document has been refused, whether in part or in full, or dismissed, or has not been dealt with within the time limit mentioned in Principle VI.3 should have access to a review procedure before a court of law or another independent and impartial body established by law.

    2. An applicant should always have access to an expeditious and inexpensive review procedure, involving either reconsideration by a public authority or review in accordance with paragraph 1 above.

    X. Complementary measures

    1. Member states should take the necessary measures to:

    i. inform the public about its rights of access to official documents and how that right may be exercised;

    ii. ensure that public officials are trained in their duties and obligations with respect to the implementation of this right;

    iii. ensure that applicants can exercise their right.

    2. To this end, public authorities should in particular:

    i. manage their documents efficiently so that they are easily accessible;

    ii. apply clear and established rules for the preservation and destruction of their documents;

    iii. as far as possible, make available information on the matters or activities for which they are responsible, for example by drawing up lists or registers of the documents they hold.

    XI. Information made public at the initiative of the public authorities

    A public authority should, at its own initiative and where appropriate, take the necessary measures to make public information which it holds when the provision of such information is in the interest of promoting the transparency of public administration and efficiency within administrations or will encourage informed participation by the public in matters of public interest.

    Appendix 9
    (item 4.5)

    Protocol No. 13 to the Convention for the Protection of Human Rights and Fundamental Freedoms, concerning the abolition of the death penalty in all circumstances

    (Adopted by the Committee of Ministers on 21 February 2002
    at the 784th meeting of the Ministers’ Deputies)

    The member states of the Council of Europe signatory hereto,

    Convinced that everyone’s right to life is a basic value in a democratic society and that the abolition of the death penalty is essential for the protection of this right and for the full recognition of the inherent dignity of all human beings;

    Wishing to strengthen the protection of the right to life guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms signed at Rome on 4 November 1950 (hereinafter referred to as “the Convention”);

    Noting that Protocol No. 6 to the Convention, concerning the Abolition of the Death Penalty, signed at Strasbourg on 28 April 1983, does not exclude the death penalty in respect of acts committed in time of war or of imminent threat of war;

    Being resolved to take the final step in order to abolish the death penalty in all circumstances,

    Have agreed as follows:

    Article 1 - Abolition of the death penalty

    The death penalty shall be abolished. No one shall be condemned to such penalty or executed.

    Article 2 - Prohibition of derogations

    No derogation from the provisions of this Protocol shall be made under Article 15 of the Convention.

    Article 3 - Prohibition of reservations

    No reservation may be made under Article 57 of the Convention in respect of the provisions of this Protocol.

    Article 4 - Territorial application

    1. Any state may, at the time of signature or when depositing its instrument of ratification, acceptance or approval, specify the territory or territories to which this Protocol shall apply.

    2. Any state may at any later date, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of this Protocol to any other territory specified in the declaration. In respect of such territory the Protocol shall enter into force on the first day of the month following the expiration of a period of three months after the date of receipt by the Secretary General of such declaration.

    3. Any declaration made under the two preceding paragraphs may, in respect of any territory specified in such declaration, be withdrawn or modified by a notification addressed to the Secretary General. The withdrawal or modification shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of such notification by the Secretary General.

    Article 5 - Relationship to the Convention

    As between the states Parties the provisions of Articles 1 to 4 of this Protocol shall be regarded as additional articles to the Convention, and all the provisions of the Convention shall apply accordingly.

    Article 6 - Signature and ratification

    This Protocol shall be open for signature by member states of the Council of Europe which have signed the Convention. It is subject to ratification, acceptance or approval. A member state of the Council of Europe may not ratify, accept or approve this Protocol without previously or simultaneously ratifying the Convention. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.

    Article 7 - Entry into force

    1. This Protocol shall enter into force on the first day of the month following the expiration of a period of three months after the date on which ten member states of the Council of Europe have expressed their consent to be bound by the Protocol in accordance with the provisions of Article 6.

    2. In respect of any member state which subsequently expresses its consent to be bound by it, the Protocol shall enter into force on the first day of the month following the expiration of a period of three months after the date of the deposit of the instrument of ratification, acceptance or approval.

    Article 8 - Depositary functions

    The Secretary General of the Council of Europe shall notify all the member states of the Council of Europe of:

    a. any signature;
    b. the deposit of any instrument of ratification, acceptance or approval;
    c. any date of entry into force of this Protocol in accordance with Articles 4 and 7;
    d. any other act, notification or communication relating to this Protocol.

    In witness whereof the undersigned, being duly authorised thereto, have signed this Protocol.

    Done at … , this … , in English and in French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member state of the Council of Europe.

    Appendix 10
    (item 4.6)

    Resolution ResChS(2002)2
    on Collective complaint No. 10/2000
    STTK ry and Tehy ry against Finland

    (Adopted by the Committee of Ministers on 21 February 2002
    at the 784th meeting of the Ministers’ Deputies)

    The Committee of Ministers 3 ,

    Having regard to Article 9 of the Additional Protocol to the European Social Charter providing for a system of collective complaints,

    Considering the complaint lodged on 23 October 2000 by STTK ry and Tehy ry against Finland,

    Considering the report submitted to it by the European Committee of Social Rights, in which Finland is found not to be in conformity with Article 2, paragraph 4 of the Charter,

    1. takes note that the primary concern of the Finnish Government is to eliminate risks created by working with ionising radiation, that in Finland workers in the health sector are exposed to doses of radiation well below the maximum limits stipulated by national legislation and required by international standards and that the Finnish Government undertakes to continue taking measures to eliminate risks, especially in the health sector;

    2. takes note of the impending ratification by Finland of the Revised Social Charter, including the revised Article 2, paragraph 4, which puts the emphasis on elimination of risks rather than on additional paid holidays or reduced working hours.

    Appendix 11
    (item 4.8)

    Resolution ResCMN(2002)3
    on the implementation of the Framework Convention for the Protection of National Minorities by Cyprus

    (Adopted by the Committee of Ministers on 21 February 2002
    at the 784th meeting of the Ministers' Deputies)

    The Committee of Ministers, under the terms of Articles 24 to 26 of the Framework Convention for the Protection of National Minorities (hereinafter referred to as “the Framework Convention”), and sitting in the presence of non-member states Parties 4 ;

    Having regard to Resolution (97) 10 of 17 September 1997 setting out rules adopted by the Committee of Ministers on the monitoring arrangements under Articles 24 to 26 of the Framework Convention in particular rule 39 5 of Resolution (97) 10;

    Having regard to the voting rule adopted in the context of adopting Resolution (97) 10 6 ;

    Having regard to the instrument of ratification deposited by Cyprus on 4 June 1996;

    Recalling that the Government of Cyprus transmitted its state report in respect of the first monitoring cycle under the Framework Convention on 1 March 1999;

    Whereas the Advisory Committee accepted the invitation of the Government of Cyprus to send a delegation to gather further information in Cyprus, this visit taking place from 6 to 8 November 2000;

    Whereas the Advisory Committee’s opinion on the implementation of the Framework Convention by Cyprus was adopted on 6 April 2001 and then transmitted to the Permanent Representative of Cyprus and communicated to the permanent representatives of all member states and to the representatives of non-member states Parties as document CM(2001)89;

    Whereas the Government of Cyprus submitted its written comments on the opinion of the Advisory Committee, these written comments having been communicated to the delegations of all member states and the non-member states Parties as an addendum to document CM(2001)89 dated 25 June 2001;

    Having examined the Advisory Committee’s opinion and the written comments of the Government of Cyprus;

    Having also taken note of comments by other governments,

    1. Adopts the following conclusions concerning the implementation of the Framework Convention by Cyprus:

    - Cyprus has in many respects made commendable efforts in the protection of national minorities, notably in access to radio broadcasting and in state support for national minorities, particularly in the field of education.

    - A number of problematic issues still need to be addressed considering at the same time that there are particular circumstances, including constitutional matters, to be taken into account in the case of Cyprus. These issues include the obligation for religious groups and their members to choose adherence to the Greek Cypriot or to the Turkish Cypriot community, and the impossibility for Turkish Cypriots to cast a vote in elections and to conclude civil marriages, including with Greek Cypriots.

    - Despite important steps taken to ensure the participation of persons belonging to religious groups in public life, consideration should be given to making this participation more effective.

    - Further governmental measures are required to promote the conditions necessary for the Maronites to maintain and develop the essential elements of their identity.

    2. Recommends that Cyprus take appropriate account of the conclusions set out in section 1 above together with the various comments in the Advisory Committee’s opinion.

    3. Invites the Government of Cyprus, in accordance with Resolution (97) 10:

    a. to continue the dialogue in progress with the Advisory Committee;
    b. to keep the Advisory Committee regularly informed of the measures it has taken in response to the conclusions and recommendations set out in section 1 and 2 above.

    Appendix 12
    (item 10.2)

    Specific Terms of Reference

    1. Name of committee:

    Consultative Council of European Judges (CCJE)

    2. Type of committee:

    Consultative body

    3. Source of terms of reference:

    Committee of Ministers

    4. Terms of reference:

    Pursuant to:

    - main recommendation No. 23 in the Wise Persons’ report concerning the reinforcement of direct co-operation with national judicial institutions,

    - the conclusions and the follow-up action agreed by the Committee of Ministers in 2000 on the respect of commitments of member States concerning the functioning of the judicial system,

    - Resolution No. 1 on measures to reinforce the independence and impartiality of judges in Europe adopted by the European Ministers of Justice at the end of their 22nd Conference in 2000, in particular concerning a global action plan to strengthen the role of judges and the setting up within the Council of Europe of a consultative group composed of judges to assist in the implementation of the priorities identified in this programme and to advise the Steering Committees on whether and how to update the Council of Europe’s legal instruments,

    - the framework global action plan for judges in Europe adopted by the Committee of Ministers in 2000,

    the CCJE has the task of contributing in 2002 and 2003 to the implementation of the framework global action plan for judges, in particular by:

    a. adopting an opinion in 2002 for the attention of the Committee of Ministers on the principles and rules governing judges professional conduct with special reference to efficiency, incompatible behaviour and impartiality (see in particular Part III B of the global action plan);

    This work will be carried out on the basis of replies by delegations to a questionnaire, a draft report prepared by a specialist, a draft opinion prepared by the Secretariat and revised by the Working Party of the CCJE in 2002.

    b. adopting an opinion in 2003 for the attention of the Committee of Ministers on the appropriate initial and in-service training for judges at the national and European level (see in particular Part III A of the framework global action plan);

    This work will be carried out on the basis of replies by delegations to a questionnaire, a draft report prepared by a specialist, a draft opinion prepared by the Secretariat and revised by the Working Party of the CCJE in 2003.

    c. providing practical assistance to enable States to comply with Council of Europe standards concerning judges (eg Best Practice Survey);

    d. preparing texts or opinions at the request of the Committee of Ministers or other bodies of the Council of Europe;

    e. encouraging partnerships in the judicial field involving courts, judges and judges’ associations in particular partnerships between courts in Eastern and Western Europe.

    5. Membership of the committee:

    a. All member states may be represented on the CCJE. Members should be chosen, in contact, where such authorities exist, with the national authorities responsible for ensuring the independence and impartiality of judges and with the national administration responsible for managing the judiciary, from among serving judges having a thorough knowledge of questions relating to the functioning of the judicial system and personal integrity.

    The Council of Europe will cover travel and subsistence expenses for one representative per state.

    b. The European Commission and the General Secretariat of the Council of the European Union may take part in the work of the CCJE, but without the right to vote or to reimbursement of expenses.

    c. The following Council of Europe observers may send a representative to meetings of the CCJE but without the right to vote or to reimbursement of expenses:

    - Canada,
    - Holy See,
    - Japan,
    - Mexico,
    - United States of America.

    d. The following may participate in the work of the CCJE according to the specific rules of the Committee of Ministers:

    - Bosnia and Herzegovina
    - Federal Republic of Yugoslavia

    e. The following observers with the CCJE may attend the meeting of the CCJE, without the right to vote or defrayal of expenses: the European Association of Judges.

    6. Structures and working methods:

    The CCJE is an advisory body of the Committee of Ministers which prepares opinions for that Committee on general questions concerning the independence, impartiality and competence of judges. For that purpose, the Consultative Council works in co-operation with, in particular, the European Committee on Legal Co-operation (CDCJ), the European Committee on Crime Problems (CDPC), the Committee of Experts on the Efficiency of Justice (CJ-EJ) and also, depending on the subjects dealt with, other committees or bodies.

    To discharge its terms of reference, the Consultative Council may set up working parties and organise hearings. It may also make use of scientific specialists.

    7. Duration:

    These terms of reference expire on 31 December 2003.

    Appendix 13
    (item 10.3)

    Resolution Res(2002)3
    adopting the revised Statute of the European
    Commission for Democracy through Law

    (Adopted by the Committee of Ministers on 21 February 2002
    at the 784th meeting of the Ministers' Deputies
    )

    The Representatives on the Committee of Ministers of the states members of the Partial Agreement establishing the European Commission for Democracy through Law 7 ,

    Recalling Resolution (90) 6 on a Partial Agreement establishing the European Commission for Democracy through Law;

    Having regard to the decision taken at the 484bis meeting of the Ministers Deputies in December 1992 to maintain for the future the structure of the Commission as a Partial Agreement of the Council of Europe;

    Having regard to Statutory Resolution (93) 28 on Partial and Enlarged Agreements;

    Welcoming the interest expressed by many non member states of the Council of Europe in the work of the Commission and wishing to give to these states the possibility to take part in the work of the Commission on an equal footing;

    Convinced that the independent character of the Commission and its flexible working methods are the key to its success and have to be safeguarded;

    Desirous to further develop the Statute of the Commission in the light of the experience acquired,

    Decide that the European Commission for Democracy through Law shall henceforth be an Enlarged Agreement governed by the provisions of the appended revised Statute which shall enter into force upon adoption of this Resolution.

    Revised Statute
    of the European Commission for Democracy through Law

    Article 1

    1. The European Commission for Democracy through Law shall be an independent consultative body which co-operates with the member states of the Council of Europe, as well as with interested non-member states and interested international organisations and bodies. Its own specific field of action shall be the guarantees offered by law in the service of democracy. It shall fulfil the following objectives:

    - strengthening the understanding of the legal systems of the participating states, notably with a view to bringing these systems closer;

    - promoting the rule of law and democracy ;

    - examining the problems raised by the working of democratic institutions and their reinforcement and development.

    2. The Commission shall give priority to work concerning:

    a. the constitutional, legislative and administrative principles and techniques which serve the efficiency of democratic institutions and their strengthening, as well as the principle of the rule of law;

    b. fundamental rights and freedoms, notably those that involve the participation of citizens in public life;

    c. the contribution of local and regional self-government to the enhancement of democracy.

    3. With a view to spreading the fundamental values of the rule of law, human rights and democracy, the Commission encourages the setting up of similar bodies in other regions of the world and may establish links with them and run joint programmes within its field of activity.

    Article 2

    1. The Commission shall be composed of independent experts who have achieved eminence through their experience in democratic institutions or by their contribution to the enhancement of law and political science. The members of the Commission shall serve in their individual capacity and shall not receive or accept any instructions.

    2. There shall be one member and one substitute in respect of each member state of the Enlarged Agreement. The member and substitute shall be appointed by the member state concerned and shall have the qualifications required by the first paragraph of this article as well as the capacity and availability to serve on the Commission.

    3. Members shall hold office for a four-year term and may be reappointed. During their term of office members may only be replaced if they have tendered their resignation or if the Commission notes that the member concerned is no longer able or qualified to exercise his or her functions.

    4. Representatives of the Committee of Ministers, the Parliamentary Assembly, the Congress of Local and Regional Authorities of Europe and the Giunta of the Regione Veneto may attend the sessions of the Commission.

    5. The Committee of Ministers may by the majority stipulated in Article 20.d of the Statute of the Council of Europe invite any non-member state of the Council of Europe to join the Enlarged Agreement. Members appointed by non-member states of the Council of Europe shall not be entitled to vote on questions raised by the statutory bodies of the Council of Europe.

    6. The European Community shall be entitled to participate in the work of the Commission. It may become a member of the Commission according to modalities agreed with the Committee of Ministers.

    7. The Committee of Ministers may, by the majority stipulated in Article 20.d of the Statute of the Council of Europe, authorise the Commission to invite international organisations or bodies to participate in its work.

    8. Any state authorised in the past to participate in the work of the Commission in the capacity of associate member or observer may continue to do so unless it joins the Commission as a member. Observers are invited to the sessions of the Commission depending on the items on the agenda. The rules governing members shall apply mutatis mutandis to associate members and observers.

    Article 3

    1. Without prejudice to the competence of the organs of the Council of Europe, the Commission may carry out research on its own initiative and, where appropriate, may prepare studies and draft guidelines, laws and international agreements. Any proposal of the Commission can be discussed and adopted by the statutory organs of the Council of Europe.

    2. The Commission may supply, within its mandate, opinions upon request submitted by the Committee of Ministers, the Parliamentary Assembly, the Congress of Local and Regional Authorities of Europe, the Secretary General, or by a state or international organisation or body participating in the work of the Commission.
    Where an opinion is requested by a state on a matter regarding another state, the Commission shall inform the state concerned and, unless the two states are in agreement, submit the issue to the Committee of Ministers.

    3. Any state which is not a member of the Enlarged Agreement may benefit from the activities of the Commission by making a request to the Committee of Ministers.

    4. The Commission co-operates with constitutional courts and courts of equivalent jurisdiction bilaterally and through associations representing these courts. In order to promote this co-operation, the Commission may set up a Joint Council on Constitutional Justice composed of members of the Commission and representatives from co-operating courts and associations.

    5. Furthermore, the Commission may establish links with documentation, study and research institutes and centres.

    Article 4

    1. The Commission shall elect from among its members a Bureau, composed of the President, three Vice-Presidents and four other members. The term of office of the President, the Vice-Presidents and the other members of the Bureau shall be two years. The President, the Vice-Presidents and the members of the Bureau may be re-elected.

    2. The President shall preside over the work of the Commission and shall represent it. One of the Vice-Presidents shall replace the President whenever he or she is unable to take the Chair.

    3. The Commission shall meet in plenary session as a rule four times a year. Its Sub-Commissions may meet whenever necessary.

    4. The Commission shall establish its procedures and working methods in the Rules of Procedure and shall decide on the publicity to give to its activities. The working languages of the Commission shall be English and French.

    Article 5

    1. Whenever it considers it necessary, the Commission may be assisted by consultants.

    2. The Commission may also hold hearings or invite to participate in its work, on a case by case basis, any qualified person or non-governmental organisation active in the fields of competence of the Commission and capable of helping the Commission in the fulfilment of its objectives.

    Article 6

    1. Expenditure relating to the implementation of the programme of activities and common secretariat expenditure shall be covered by an Enlarged Agreement budget funded by the member states of the Enlarged Agreement and governed by the financial rules as foreseen for Enlarged Agreement budgets of the Council of Europe, subject to the following modifications:

    a) the rate of contribution of a non member state of the Council of Europe to the
    Enlarged Agreement Budget shall be one third of its contribution as calculated in accordance with the rules for Council of Europe member states; however, it shall not be higher than one-third of the contribution by the major contributors;

    b) the Commission shall propose, after having consulted the member states of the Enlarged Agreement not members of the Council of Europe, its draft annual budget to the Committee of Ministers for adoption.

    2. In addition, the Commission may accept voluntary contributions, which shall be paid into a special account opened under the terms of Article 4.2 of the Financial Regulations of the Council of Europe. Other voluntary contributions can be earmarked for specific research.

    3. The Regione Veneto shall put a seat at the disposal of the Commission free of charge. Expenditure relating to the local secretariat and the operation of the seat of the Commission shall be borne by the Regione Veneto and the Italian Government, under terms to be agreed between these authorities.

    4. Travel and subsistence expenses of each member of the Commission shall be borne by the State concerned. If the Commission entrusts members with specific missions, the expenses shall be borne by the budget of the Commission.

    Article 7

    Once a year, the Commission shall present to the Committee of Ministers a report on its activities containing also an outline of its future activities.

    Article 8

    1. The Commission shall be assisted by the Secretariat General of the Council of Europe, which shall also provide a liaison with the staff seconded by the Italian authorities at the seat of the Commission.

    2. The staff seconded by the Italian authorities at the seat of the Commission shall not belong to the staff of the Council of Europe.

    3. The seat of the Commission shall be based in Venice.

    Article 9

    1. The Committee of Ministers may adopt amendments to this Statute by the majority provided for under Article 20.d of the Statute of the Council of Europe, after consulting the Commission.

    2. The Commission may propose amendments to this Statute to the Committee of Ministers, which shall decide by the above mentioned majority.

Note 1 Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Luxembourg, Malta, Moldova, the Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Turkey and the United Kingdom.
Note 2 This item is based on written reports (see CM/Monitor(2002)5) and should only be discussed at the specific request of a particular delegation.
Note 3 In conformity with Article 9 of the Additional Protocol to the European Social Charter providing for a system of collective complaints, the Deputies in their composition restricted to the Representatives of Contracting Parties to the European Social Charter or the revised European Social Charter participated in the vote, that is Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Lithuania, Luxembourg, Malta, Moldova, the Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Turkey and the United Kingdom.
Note 4 Bosnia and Herzegovina and the Federal Republic of Yugoslavia.
Note 5 According to Rule 39 of Resolution (97) 10, “the Committee of Ministers shall invite a representative from each non-member Party to attend the meetings of the Committee of Ministers whenever it exercises its functions under the Framework Convention, without the right to participate in the adoption of decisions”.
Note 6 In the context of adopting Resolution (97) 10 on 17 September 1997, the Committee of Ministers also adopted the following rule: “Decisions pursuant to Articles 24.1 and 25.2 of the Framework Convention shall be considered to be adopted if two-thirds of the representatives of the Contracting parties casting a vote, including a majority of the representatives of the Contracting parties entitled to sit on the Committee of Ministers, vote in favour”.
Note 7 Albania, Andorra, Armenia, Austria, Azerbaijan, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Netherlands, Norway, Poland, Portugal, Romania, Russian Federation, San Marino, Slovakia, Slovenia, Spain, Sweden, Switzerland, “the former Yugoslav Republic of Macedonia”, Turkey, Ukraine and United Kingdom.


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