816_DELDEC






    |

    Ministers’ Deputies
    Decisions

    CM/Del/Dec(2002)816 15 November 2002
    ———————————————

    816th meeting, 13 November 2002

    Decisions adopted

    ———————————————

    CONTENTS

    Page

    List of those present 5

    1. General questions

    1.1 Adoption of the Agenda 7

    1.2 Preparation of forthcoming meetings - (

    1.3 Communication from the Secretary General 7

    1.4 Report of the Bureau 7

    1.5 Committee of Ministers – Follow-up to the 111th Session
    (Strasbourg, 6-7 November 2002) 8

    1.6 Conferences of Specialised Ministers – State of preparation 9

    2. Political questions

    2.1 Current political questions

    a. Activities for the development and consolidation of democratic stability 10
    . Bosnia and Herzegovina
    . Albania

    b. Other questions 10
    . Monitoring Group (GT-SUIVI.AGO) – Progress Report

    c. Honouring of commitments by Armenia and Azerbaijan regarding the resolution
    of the Nagorno-Karabakh conflict: proposal by the Azerbaijan delegation 10

    2.2 Situation in Cyprus -+

    2.3 Relations between the Council of Europe and the OSCE –
    12th High-level « 2+2/3+3 » meeting (Strasbourg, 6 November 2002) (cf. item 1.1)

    3. Parliamentary Assembly

    3.1 Communication by the Secretary General of the Assembly on the preparation of the Standing Committee (Malta, 18 November 2002) and other Assembly activities 10

    4. Human Rights

    4.1 Council of Europe Commissioner for Human Rights –
    Report on his visit to Romania (7 to 9 October 2002) (cf. item 1.1)

    4.2 European Social Charter – European Committee of Social Rights –
    Increase in the number of members 11

    Page

    8. Youth and sport

    8.1 Advisory Council of the European Youth Centre and the European Youth Foundation (DJS/CC) – Abridged report of the 8th meeting (Strasbourg, 29-30 September 2002) 12

    8.2 European Steering Committee on Youth (CDEJ) – Abridged report of the 29th meeting
    (Strasbourg, 30 September and 2 October 2002) 12

    8.3 Joint Council on Youth Questions (DJS/JC) – Abridged report of the 7th meeting
    (Strasbourg, 1st October 2002) 13

    8.4 16th Informal Meeting of European Ministers responsible for Sport –
    Abridged report of the Secretary General (Warsaw, 11-13 September 2002) 13

    10. Legal questions

    10.1 Committee of Legal Advisers on Public International Law (CAHDI) –
    Abridged report of the 24th meeting (Bratislava, 9-10 September 2002) 14

    10.2 1998 Russian Federal Law on the Suppression of Terrorism – Final Activity Report established
    in the framework of the Co-operation Programme to strengthen the Rule of Law(Item postponed
    from the 815th meeting (30 October 2002) of the Ministers’ Deputies) 14

    APPENDICES

    APPENDIX 1 816th Meeting of the Ministers' Deputies
    (item 1.1) (Strasbourg, 13 (10am) November 2002)
    Agenda 15

    APPENDIX 2 Decision No. CM/851/13112002
    (item 1.5) Ad hoc terms of reference
    Steering Committee for Human Rights (CDDH) 17

    APPENDIX 3 Specific terms of reference
    (item 8.3) European Steering Committee for Youth (CDEJ) 18

    APPENDIX 4 Specific terms of reference
    (item 8.3) Advisory Council on Youth 20

    APPENDIX 5 Specific terms of reference
    (item 8.3) Joint Council of Youth 22

    APPENDIX 6 Specific terms of reference
    (item 8.3) Programming Committee on Youth 24

    APPENDIX 7 Specific terms of reference
    (item 10.1) Committee of legal advisers on public international law 26

    The 816th meeting of the Ministers' Deputies opened on 13 November 2002 at 10.00 am under the chairmanship of Mr J. Licari, Deputy for the Minister for Foreign Affairs of Malta.

    PRESENT

    ALBANIA
    Mr S. Caushi
    Ms A. Kasa

    ANDORRA
    Ms I. Tor Faus
    Ms G. Cano

    ARMENIA
    Mr C. Ter Stepanian
    Ms N. Nikolian

    AUSTRIA
    Mr A. Saupe

    AZERBAIJAN
    Mr A. Mehdiyev
    Mr C. Askerov
    Mr E. Sultanov
    Mr F. Guliyev

    BELGIUM
    Mr C. Ghislain

    BOSNIA AND HERZEGOVINA
    Mr I. Gaon

    BULGARIA
    Mr Y. Sterk
    Mr P. Baev
    Ms S. Alexova-Borissova

    CROATIA
    Mr N. Madey
    Ms D. Plejić-Marković
    Mr M. Papa
    Ms J. Dervis

    CYPRUS
    Mr N. Emiliou

    CZECH REPUBLIC
    Mr M. Bouček
    Ms V. Stromsikova

    DENMARK
    Mr N.J. Nehring

    ESTONIA
    Ms P. Pumm

    FINLAND
    Ms AM. Nyroos
    Mr P. Voutilainen
    Mr P. Vuorimäki
    Ms E. Parppei

    FRANCE
    Mr G. Chouraqui
    Mr J.F Charpentier
    Mr P. Merlin
    Mr M. Adam

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

    GERMANY
    Mr R. Wegener
    Ms C. Gläser

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

    HUNGARY
    Ms J. József
    Ms Z. Binczki

    ICELAND
    Mr H. Bjarnason

    IRELAND
    Mr J. Harman
    Ms O. McBreen

    ITALY
    Mr P. Ago
    Mr R. Cianfarani
    Mr N. Tassoni Estense di Castelvecchio

    LATVIA
    Mr G. Andrejevs
    Mr J. Mazeiks

    LIECHTENSTEIN
    Mr D. Ospelt

    LITHUANIA
    Mr R. Bernotas
    Mr D. Arbačiauskas
    Ms G. Skripkaite
    Ms D. Mickeviciene

    LUXEMBOURG
    Mr G. Philipps
    Ms. B. Kirsch
    Ms. A. Kayser

    MALTA
    Mr J. Licari, Chairman
    Ms J. Mercieca

    MOLDOVA
    Mr V. Slonovschi 1 (for items 3.1 & 1.5)
    Mr V. Gordas, Vice-Chairman
    Mr S. Mihov

    NETHERLANDS
    Mr J.C. Landman
    Mr C. Meeuwis
    Ms M. Jongman

    NORWAY
    Mr T. Aalbu
    Ms L Kristensen
    Mr H. Andreassen

    POLAND
    Mr K. Kocel
    Mr J. Wieczorek

    Ms I. Marczyk-Stepniewska

    PORTUGAL
    Mr P. Castilho
    Mr P.M. Santos Pessoa e Costa

    ROMANIA
    Mr D. Tanase
    Ms C. Jelescu
    Ms R. Iftimie
    Mr R. Rotundu
    Ms M. Manailescu

    RUSSIAN FEDERATION
    Mr A.K. Orlov
    Mr V. Pospelov
    Mr V. Lebedenko
    Mr M. Nefedov

    SAN MARINO
    Mr G. Bellati Ceccoli
    Mr D. Beleffi

    SLOVAK REPUBLIC
    Ms A. Lamperova
    Mr M. Estok
    Ms E. Krššáková
    Mr J. Kubla

    SLOVENIA
    Ms M. Mrak Thorne

    SPAIN
    Mr G. Kirkpatrick
    Mr E Pérez de Agreda

    SWEDEN
    Mr M. Ǻberg
    Ms A. Matejovsky
    Ms R. Birgisdottir

    SWITZERLAND
    Mr J.C. Joseph
    Mr S. Winkler

    "THE FORMER
    YUGOSLAV REPUBLIC
    OF MACEDONIA"
    Mr Z. Jankuloski
    Ms O. Graovska
    Ms S. Zografska- Krsteska

    TURKEY
    Mr N. Hazar
    Ms K. Kiliç
    M. C. Öztas

    UKRAINE
    Ms S. Stanik
    Mr O. Aleksandrovych
    Ms N. Shakuro

    UNITED KINGDOM
    Mr A. Carter
    Mr T. Robins

    *

    * *
    EUROPEAN
    COMMISSION
    -

    *

    * *

    Item 1.1

    Adoption of the Agenda

    Decisions

    The Deputies

    1. agreed to withdraw the following item from the draft agenda of their 816th meeting:

    2.3 Relations between the Council of Europe and the OSCE –
    12th High-level « 2+2/3+3 » meeting (Strasbourg, 6 November 2002)

    2. agreed to postpone the following item on the draft agenda of their 816th meeting:

   

    4.1 Council of Europe Commissioner for Human Rights – Report on his visit to Romania (7 to 9 October 2002)

    to their 818th meeting (Budget)(26-28 November 2002);

    3. taking into account decisions 1 and to 2 above, adopted the agenda of their 816th meeting as it appears at Appendix 1 to the present volume of Decisions.

    Item 1.3

    Communication from the Secretary General
    (SG/Com(2002)816)

    Decision

    The Deputies took note of the communication of the Secretary General and the Deputy Secretary General as it appears in document SG/Com(2002)816.

    Item 1.4

    Report of the Bureau
    (CM/Bur/Del(2002)28)

    Decision

    The Deputies approved the practical arrangements for dealing with Written Questions of Parliamentarians addressed to the Chair of the Committee of Ministers as they appear in the Appendix to document CM/Bur/Del(2002)28.

    Item 1.5

    Committee of Ministers – Follow-up to the 111th Session
    (Strasbourg, 6-7 November 2002)
    (CM(2002)PV2 prov., CM/Inf(2002)43)

    Decisions

    On the basis of the 111th Session Communiqué, the discussions held and the decisions taken by the Ministers on that occasion, and also taking account of the Conclusions of the Chair, the Deputies:

    1. instructed their Working Party on Institutional Reforms (GT-REF.INST) to continue its work in the various areas of relevance to a third Summit and to draw up proposals concerning the theme and the organisational arrangements for the Summit, so as to enable the Ministers to define their position on the subject at their 112th Session in May 2003;

    2. instructed the GT.REF.INST, on the basis of work already carried out and of the discussions held at the present meeting, as well as of additional proposals that might be put forward in this respect, to submit before the end of February 2003 proposals aimed at reinforcing the interest and efficiency of ministerial sessions, with a view to possible decisions being taken in good time before the 112th Session of the Committee of Ministers;

    3. without prejudice to the decisions taken at their 773rd meeting (21 November 2001, item 4.6) concerning tasks other than those assigned to the Steering Committee for Human Rights (CDDH) and pursuant to the Declaration on “The Court of Human Rights for Europe”,

    a. adopted Decision No. CM/851/13112002 assigning revised ad hoc terms of reference to the CDDH , as it appears at Appendix 2 to the present volume of Decisions;

    b. recalled the invitation to the Secretary General as a matter of urgency to reinforce the human and financial resources available for the work of the CDDH;

    c. recalled the encouragement given to the Governments of the member states to make voluntary contributions to this end and to contribute to the work of the CDDH by submitting their own proposals in due course;

    d. invited the Chairman of the CL-CEDH to follow, in close consultation with the CDDH and the Court, progress accomplished in the implementation of the above decision, and to continue to follow the implementation of the decisions taken at their 773rd meeting;

    e. agreed to keep the Parliamentary Assembly informed of progress made;

    f. agreed to resume consideration of this question at a future meeting, with a view to decisions to be taken at the 112th Session of the Committee of Ministers (May 2003);

    4. in relation to the Draft Amending Protocol to the European Convention on the Suppression of Terrorism:

    a. noted that the GMT would finalise the draft Protocol at its forthcoming meeting in December 2002, in relation with the explanatory memorandum to be elaborated by the Secretariat;

    b. decided to transmit immediately to the Parliamentary Assembly for opinion the text of the draft Protocol as it was submitted to the 111th Session, as well as to communicate to the Assembly in due course the explanatory memorandum and any technical amendments that might arise after the GMT meeting in December 2002;

    5. in relation to the implementation of Council of Europe priority actions for the fight against terrorism:

    a. instructed the Secretariat and the competent committees, in particular the CDPC, the CDCJ and their relevant Bureaux and committees of experts, to undertake all necessary steps for appropriate and speedy follow-up to these priority actions and to report back to them;

    b. agreed to take into account the above decision, in the framework of the preparation of the Council of Europe Budget for 2003;

    6. instructed their Ad Hoc Working Group GT-ROUTES to continue its work relating to the proposal to set up an enlarged partial agreement on the cultural routes and landscapes and to prepare concrete proposals on the subject with a view to a decision at the 112th Session in May 2003;

    7. instructed their Rapporteur Group on Social and Health Questions (GR-SOC) to continue its work relating to the Finnish initiative concerning a "European Forum for Roma", bearing in mind its topical nature, and to submit proposals to them concerning suitable follow-up to be given to that initiative;

    8. agreed to come back to the follow-up to be given to proposals made by certain delegations during the 111th Session at their next meeting;

    9. took note of the programme for Malta's chairmanship of the Committee of Ministers, as set out in document CM/Inf(2002)43.

    Item 1.6

    Conferences of Specialised Ministers
    State of preparation
    (CM/Inf(2002)39)

    Decisions

    The Deputies

    a. Concerning the Ministerial Colloquy (informal meeting) of European Ministers responsible for Cultural Affairs (Strasbourg, 10-11 December 2002)

    1. took note that the new dates of the Ministerial Colloquy were 17 and 18 February 2003 in Strasbourg;

    b. Concerning the 5th European Ministerial Conference on Equality between Women and Men
    (Skopje, 20-21 June 2002)

    2. took note that the new dates of the Ministerial Conference were 22 and 23 January 2003 in Skopje.

    Item 2.1a

    Current political questions

    a. Activities for the development and consolidation of democratic stability
    - Bosnia and Herzegovina

    - Albania
    (GR-EDS(2002)CB14)

    Decision

    The Deputies took note of the synopsis of the GR-EDS meeting on 31 October 2002 (document
    GR-EDS(2002)CB14).

    Item 2.1b

    Current political questions

    b. GT.SUIVI.AGO Monitoring Group – Progress report by the Chair

    Decision

    The Deputies took note of the progress report on the work of the Group by the Chair of the GT-SUIVI.AGO.

    Item 2.1c

    Current political questions

    c. Honouring of commitments by Armenia and Azerbaijan regarding the resolution of the Nagorno-Karabakh conflict: proposal by the Azerbaijan Delegation
    (CM/Del/Dec(2002)815/2.1a)

    Decision

    The Deputies agreed to resume consideration of the inscription of an item on the honouring of commitments by Armenia and Azerbaijan regarding the resolution of the Nagorno-Karabakh conflict at their 817th meeting (20 November 2002).

    Item 3.1

    Communication by the Secretary General of the Parliamentary Assembly on the preparation
    of the Standing Committee (Malta, 18 November 2002) and other Assembly activities

    (SG-AS(2002)11)

    Decision

    The Deputies took note of the Communication of the Secretary General of the Parliamentary Assembly,

    as it appears in document SG-AS(2002)11.

    Item 4.2

    European Social Charter
    Increase in the number of members of the European Committee of Social Rights

    (GR-H(2002)19), GR-H(2002)CB16)

    Decisions
    The Deputies, recalling their decision (751st meeting, 2 May 2001, item 4.2) to increase from nine to fifteen the number of members of the European Committee of Social Rights, in their composition limited to the representatives of the Contracting Parties to the European Social Charter or to the revised Charter 2 ,
    1. agreed unanimously to: 
    a. create immediately one seat (in Group V) with a term of office starting on 1 January 2003 and ending on 31 December 2006;
    b. create subsequently two seats (in Groups IV and V) with a term of office starting on 1 January 2005 and ending on 31 December 2010;
    2. adopted the following procedure for filling the seat created on the European Committee of Social Rights, with a term of office starting on 1 January 2003 and ending on 31 December 2006: 
    a. each Contracting Party to the European Social Charter or the Revised European Social Charter will be entitled to communicate to the Secretary General of the Council of Europe, by 6 December 2002 at the latest, the name of a candidate whom it considers suitable for the vacant seats, bearing in mind that the vacancy concerns Group V and having regard to Article 25 of the Charter as it appears in Article 3 of the Protocol amending the European Social Charter as well as to the agreed rules concerning nationality 3 , and also taking into account Recommendation No. R(81)6 of the Committee of Ministers adopted on 30 April 1981 4  ;
    b. the Secretary General will then communicate the list of names submitted to the Committee of Ministers, which will carry out an election by secret ballot at the Deputies' 822nd meeting on 18 December 2002; 
    c. the candidate having obtained an absolute majority of the votes cast and the highest number of votes will be declared elected; 
    d. if the seat remains vacant after the first ballot, there will be a second round of voting and the candidate having obtained the highest number of votes will be declared elected; 
    3. agreed, for the purposes of this election, to allocate the 44 member states as follows 5 :
    Group I (three seats) (no seat vacant)
    Armenia, Austria, Czech Republic, Germany, Hungary, Liechtenstein, Slovakia and Switzerland.
    Group II (three seats) (no seat vacant)
    Azerbaijan, Belgium, Bulgaria, France, Luxembourg, Moldova, Netherlands, Romania and Turkey.
    Group III (three seats) (no seat vacant)
    Denmark, Finland, Iceland, Ireland, Norway, Sweden and United Kingdom.

    Group IV (two seats) (no seat vacant)
    Albania, Andorra, Cyprus, Georgia, Greece, Italy, Malta, Portugal, San Marino and Spain.
    Group V (two seats) (one seat vacant)
    Bosnia and Herzegovina, Croatia, Estonia, «the former Yugoslav Republic of Macedonia », Latvia, Lithuania, Poland, Russian Federation, Ukraine, Slovenia.

    Item 8.1

    Advisory Council of the European Youth Centre and the European Youth Foundation (DJS/CC) - Abridged report of the 8th meeting (Strasbourg, 29-30 September 2002)
    (CM(2002)143)

    Decisions

    The Deputies

    1. took note of the opinions of the Advisory Council on Parliamentary Assembly Recommendations 1552 (2002) on the vocational training of young asylum seekers in host countries, 1556 (2002) on religion and change in Central and Eastern Europe, and 1559 (2002) on training of workers in new technologies as they appear in Appendices 2 to 4 to document CM(2002)143, and instructed their relevant Rapporteur Groups to bear them in mind when preparing draft replies to these recommendations;

    2. bearing in mind decision 1 above, took note of the abridged report of the 8th meeting of the Advisory Council (document CM(2002)143) as a whole.

    Item 8.2

    European Steering Committee for Youth (CDEJ) –
    Abridged report of the 29th meeting (Strasbourg, 30 September and 2 October 2002)
    (CM(2002)141)

    Decision

    The Deputies took note of the abridged report of the 29th meeting of the CDEJ as it appears in document CM(2002)141, as a whole.

    Item 8.3

    Joint Council on Youth Questions -
    Abridged report of the 7th meeting (Strasbourg, 1st October 2002)

    (CM(2002)142)

    Decisions

    The Deputies

    1. adopted the revised terms of reference of the statutory bodies of the youth sector, as they appear in Appendices 3 to 6 to the present volume of Decisions;

    2. having regard to the decision above, took note of the abridged report of the 7th meeting of the Joint Council on Youth Questions, as it appears in document CM(2002)142, as a whole.

    Item 8.4

    16th Informal meeting of European Ministers responsible for Sport -
    Abridged report of the Secretary General (Warsaw, 12-13 September 2002)

    (CM(2002)145)

    Decisions

    The Deputies

    1. took note of the Conclusions on improving physical education and sport for children and young people agreed upon by the 16th Informal meeting of European Ministers responsible for Sport as they appear in Appendix 2 of the Secretary General’s report (CM(2002)145) and instructed the Committee for the Development of Sport (CDDS) to prepare on this basis a draft recommendation of the Committee of Ministers to member states;

    2. noted that Mr Brian MIKKELSEN, Danish Minister for Culture, was appointed as the European representative on the Executive Committee of WADA, up until the end of 2002;

    3. noted that there was a need for further consultation at a pan European level on some of the questions relating to the future European representation on the WADA Foundation Board, and instructed the GR-C to follow this question and to prepare proposals before the end of 2002;

    4 took note of the report of the Secretary General on the 16th Informal meeting of European Ministers responsible for Sport, Warsaw, 12-13 September 2002, as it appears in document CM(2002)145, as a whole, subject to the views expressed at the present meeting.

    Item 10.1

    Committee of Legal Advisers on Public International Law (CAHDI) –
    Abridged report of the 24th meeting (Bratislava, 9-10 September 2002)
    (CM(2002)140)

    Decisions

    The Deputies

    1. adopted the specific terms of reference of the Committee of Legal Advisors on Public International Law (CAHDI) for the period 2003-2004 as they appear in Appendix 7 to the present volume of Decisions;

    2. took note of the CAHDI’s opinion concerning the possibility of partial denunciation of the 1963 Convention on the Reduction of Cases of Multiple Nationality and on Military Obligations in Cases of Multiple Nationality (ETS 43), as set out in Appendix II to CM(2002)140;

    3. took note of the abridged report of the CAHDI’s 24th meeting (CM(2002)140), as a whole.

    Item 10.2

    1998 Russian Federal Law on the Suppression of Terrorism –-
    Final Activity Report established in the framework of the Co-operation Programme
    to strengthen the Rule of Law

    (CM(2002)144 (Confidential))

    Decision

    The Deputies agreed to resume consideration of this item at their 820th meeting (5 December 2002).

    Appendix 1
    (item 1.1)

    816 Meeting of the Ministers’ Deputies
    Strasbourg, 13 (10am) November 2002


    Agenda

     

    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 – Follow-up to the 111th Session (Strasbourg, 6-7 November 2002)

    (CM(2002)PV2 prov. and CM/Inf(2002)43 )
    ( CM/Notes/816/1.5 of 12.11.2002)

     

    1.6

    Conferences of Specialised Ministers – State of preparation

    ( CM/Inf(2002)39)
    ( CM/Notes/816/1.6 of 29.10.2002)

     

    2. Political questions

     

    2.1

    Current political questions

    a. Activities for the development and consolidation of democratic stability
    . Bosnia and Herzegovina
    . Albania

    (Item prepared by the GR-EDS)


    b. Monitoring Group (GT-SUIVI.AGO) – Progress report by the Chair

    c. Honouring of commitments by Armenia and Azerbaijan regarding the resolution of the Nagomo-Karabakh conflict proposal by the Azerbaijan delegation


    ( CM/Del/Dec(2002)815/2.1a and GR-EDS(2002)CB14 )
    ( CM/Notes/816/2.1 of 12.11.2002)

     

    2.2

    Situation in Cyprus

     

    2.3

    Relations between the Council of Europe and the OSCE – 12th High-level « 2+2/3+3 » meeting (Strasbourg, 6 November 2002)

     

    (Item withdrawn)

       
     

    3. Parliamentary Assembly

     

    3.1

    Communication by the Secretary General of the Assembly on the preparation of the Standing Committee (Malta, 18 November 2002) and other Assembly activities

         
     

    4. Human Rights

     

    4.1

    Council of Europe Commissioner for Human Rights – Report on his visit to Romania
    (7 to 9 October 2002)


    (CommDH(2002)…)

     

    (Item postponed)

     

    4.2

    European Social Charter – European Committee of Social Rights – Increase in the number of members
    (Item prepared by the GR-H)


    (GR-H(2002)CB16 and
    GR-H(2002)19 )
    ( CM/Notes/816/4.2 of 12.11.2002)

     

    8. Youth and sport

     

    8.1

    Advisory Council of the European Youth Centre and the European Youth Foundation (DJS/CC) – Abridged report of the 8th meeting (Strasbourg, 29-30 September 2002)

    ( CM(2002)143 )
    ( CM/Notes/816/8.1 of 22.10.2002)

     

    8.2

    European Steering Committee on Youth (CDEJ) – Abridged report of the 29th meeting (Strasbourg, 30 September and 2 October 2002)

    ( CM(2002)141 )
    ( CM/Notes/816/8.2 of 15.10.2002)

     

    8.3

    Joint Council on Youth Questions (DJS/JC) – Abridged report of the 7th meeting (Strasbourg,
    1 October 2002)


    ( CM(2002)142 )
    ( CM/Notes/816/8.3 of 16.10.2002)

     

    8.4

    16th Informal Meeting of European Ministers responsible for Sport – Abridged report of the Secretary General (Warsaw, 11-13 September 2002)

    ( CM(2002)145 )
    ( CM/Notes/816/8.4 of 18.10.2002)

     

    10. Legal questions

     

    10.1

    Committee of Legal Advisers on Public International Law (CAHDI) – Abridged report of the 24th meeting (Bratislava, 9-10 September 2002)

    ( CM(2002)140 )
    ( CM/Notes/816/10.1 of 31.10.2002)

     

    10.2

    1998 Russian Federal Law on the Suppression of Terrorism – Final Activity Report established in the framework of the Co-operation Programme to strengthen the Rule of Law

      (CM(2002)144 of 18.10.2002) (Confidential)
      ( CM/Notes/815/10.1 of 18.10.2002)

     

    13. Any other business

    Appendix 2
    (item 1.5)

    Decision No. CM/851/13112002

    Ad hoc terms of reference

    1. Name of Committee:

    Steering Committee for Human Rights (CDDH)

    2. Source:

    Committee of Ministers

    3. Completion date:

    17 April 2003.

    4. Terms of Reference:

    On the basis, in particular, of the priorities identified in its interim report “Guaranteeing the long-term effectiveness of the European Court of Human Rights”, to draw up a set of concrete and coherent proposals, together with an assessment of their potential implications for the Convention system, covering on the one hand measures that could be implemented without delay and on the other any possible amendments to the Convention. The following areas shall, inter alia, be taken into account:

    - preventing violations at national level and improving domestic remedies;

    - optimising the effectiveness of the filtering and subsequent processing of applications;

    - improving and accelerating execution of judgments of the Court.

    The CDDH shall take into account any relevant information provided by the European Court of Human Rights relating to up-to-date qualitative analyses of statistical data concerning its workload and an assessment of the full impact of measures it has already taken.

    5. Committee(s) informed of the terms of reference for information:
    -

    Appendix 3
    (Item 8.3)

    Specific terms of reference

    1. Name of the committee:

    European Steering Committee for Youth (CDEJ)

    2. Type of committee:

    Steering Committee

    3. Source of terms of reference:

    Committee of Ministers

    4. Terms of reference:

    Having regard to Resolution (98) 6 adopted by the Committee of Ministers on 16 April 1998, and to the Statute of the European Youth Centre and European Youth Foundation,

    the European Steering Committee for Youth (CDEJ) has the task of promoting intergovernmental co-operation in the youth field. It is the governmental partner in the co-managed structures of the youth sector. In this respect, the CDEJ shall:

    4.1. be responsible for carrying out the analysis of national youth policies in Europe, in particular on matters related to the situation of young people in society, which could be the object of joint action by governments;

    4.2. stimulate co-operation and exchange of information and experiences among member states, with the aim of providing competent national authorities with means of following developments in youth affairs in the states Parties to the Cultural Convention, taking account of the work of other intergovernmental organisations and institutions;

    4.3. prepare the Conferences of European Ministers responsible for Youth Affairs and ensure the follow-up thereto, having regard to the relevant decisions of the Committee of Ministers;

    4.4. contribute to the intersectoral activities of the Council of Europe which involves the youth sector;

    4.5. participate in the meetings of the Joint Council on Youth Questions;

    4.6. designate, from among the states represented on it, those who shall be invited to be represented in the Programming Committee;

    4.7. draw up proposals for its programme of activities, within the framework of the common position developed by the Joint Council for Youth and submit it to the Committee of Ministers for adoption;

    4.8. the CDEJ may address to the Committee of Ministers, via the Secretary General, opinions and proposals on youth policy matters and on the objectives, priorities and budget allocations for the whole youth sector.

    5. Membership:

    5.1 the governments of all states Parties to the European Cultural Convention are entitled to appoint members with the following desirable qualifications: Senior officials or other experts in charge of youth policies. The Council of Europe's budget bears travelling and subsistence expenses for one expert per State (two in the case of the state whose expert has been elected chairman);

    5.2. the Parliamentary Assembly may send, at its expense, one representative without the right to vote, to the meetings of the Committee;

    5.3. the Congress of Local and Regional Authorities of Europe (CLRAE) may send, at its expense, one representative without the right to vote, to the meetings of the Committee;

    5.4. the European Commission may send one representative to the meetings of the Committee, without the right to vote and without reimbursement of expenses;

    5.5. the following states, with observer status at the Council of Europe, may send one representative to the meetings of the Committee, without the right to vote and without reimbursement of expenses: Canada, Japan, Mexico, United States of America;

    5.6. the national research correspondents of the youth sector may send one representative to the meetings of the Committee, without the right to vote. The Council of Europe bears travelling and subsistence expenses for this representative.

    6. Working structures and methods:

    The CDEJ shall:

    6.1. elect a Bureau of eight members maximum;

    6.2. be assisted by groups of experts or ad hoc working groups. The CDEJ may invite the Advisory Council to be represented in these groups;

    6.3. hold its meetings at one of the two European Youth Centres of the Council of Europe, but the Committee of Ministers may authorize their holding elsewhere.

    7. Duration:

    The present terms of reference shall be reviewed before 31 December 2003.

    Appendix 4
    (item 8.3)

    Specific terms of reference

    1. Name of the committee:

    Advisory Council on Youth

    2. Type of committee:

    Consultative body of the non-governmental partners of the youth sector

    3. Source of terms of reference:

    Committee of Ministers

    4. Terms of reference:

    Having regard to Resolution (98) 6 adopted by the Committee of Ministers on 16 April 1998 and the Statutes of the European Youth Centre and European Youth Foundation respectively,

    the Advisory Council for Youth is the non-governmental partner in the co-managed bodies of the youth sector. It has the task of formulating opinions and proposals on any question concerning youth, dealt with within the Council of Europe. In this respect, the Advisory Council:

    4.1. may address to the Committee of Ministers and the CDEJ opinions and proposals on youth policy matters and on the objectives, priorities and budget allocations for the youth sector;

    4.2. may be invited by the Committee of Ministers to formulate opinions on general or specific questions concerning youth policy;

    4.3. may address to other bodies of the Council of Europe opinions and proposals on any questions concerning youth;

    4.4. designate every three years, from among the organisations, networks and bodies represented on it, those who shall be invited to be represented in the Programming Committee.

    5. Membership:

    The Advisory Council is composed of thirty members designated for a period of three years.

    In order to ensure the largest possible pluralism within the Advisory Council and reflect as much as possible the reality of youth and youth work in Europe, the members of this body shall be:

    - thirteen representatives of international non-governmental youth organisations (INGYOs) designated by the Committee of Ministers on the proposal of the European Youth Forum;

    - seven representatives of national youth committees properly constituted in the member states of the Council of Europe, and the other states which, by virtue of Articles 3 and 7 of the Statute of the Foundation and Articles IV and V of the Statute of the Centre, participate in the activities of the two bodies, designated by the Committee of Ministers on the proposal of the European Youth Forum;

    - five representatives of structures involved in various areas of youth work, relevant to the Council of Europe youth policy, designated by the Committee of Ministers on the proposal of the Secretary General;

    - five representatives of international non-governmental youth organisations or networks, not members of the European Youth Forum, designated by the Committee of Ministers on the proposal of the Secretary General.

    The Council of Europe bears travelling and subsistence expenses of the above thirty representatives.

    Furthermore, the following shall be invited without the right to vote:

    - one representative of the European Youth Forum. The Council of Europe bears travelling and subsistence expenses of this representative;

    - one representative of the Liaison Committee of NGOs of the Council of Europe without reimbursement of expenses.

    6. Working structures and methods:

    The Advisory Council:

    6.1. shall adopt its rules of procedure. Its meetings shall be held at one of the two European Youth Centres of the Council of Europe, but the Committee of Ministers may authorise the holding of meetings elsewhere;

    6.2. shall elect a Bureau of five members maximum;

    6.3. proposals and opinions of the Advisory Council shall be adopted by a majority of its members, each of them having one vote.

    7. Duration:

    The present terms of reference shall be reviewed before 31 December 2003.

    Appendix 5
    (item 8.3)

    Specific terms of reference

    1. Name of the Committee:

    Joint Council on Youth

    2. Type of committee:

    Co-decision body between the governmental and the non-governmental partners of the youth sector

    3. Source of terms of reference:

    Committee of Ministers

    4. Terms of reference:

    Having regard to Resolution (98) 6 adopted by the Committee of Ministers on 16 April 1998 and the Statutes of the European Youth Centre and the European Youth Foundation respectively,

    4.1. in a spirit of co-management, the Joint Council shall develop a common position on the priorities, annual/pluri-annual objectives, the main budget envelopes and the necessary budget specifications of the youth sector, within the political and budgetary framework established by the Committee of Ministers;

    4.2. the position adopted by the Joint Council shall be submitted to the Committee of Ministers for approval;

    4.3. should the Joint Council fail to reach an agreement on the common position, the Bureaux of the CDEJ and Advisory Council shall elaborate a common position and submit it to the Joint Council for approval. Should the Joint Council fail to reach an agreement on the proposal of the Bureaux, a report on the discussions of the Joint Council shall be addressed to the Committee of Ministers in a form to be determined by the Joint Council;

    4.4. the Joint Council shall draw up, once a year, a report to the Committee of Ministers on the activities of the youth sector.

    5. Membership:

    The Joint Council shall be composed of the members of the CDEJ and the members of the Advisory Council.

    In addition, the following may participate in the meetings of the Joint Council, without the right to vote:

    - a representative of the Parliamentary Assembly, at the expense of the Assembly;

    - a representative of the Congress of Local and Regional Authorities of Europe (CLRAE), at the expense of the Congress;

    - a representative of the national youth research correspondents. The Council of Europe bears travelling and subsistence expenses for this representative;

    - a representative of the European Commission, without reimbursement of expenses;

    - a representative of the Council of Europe Liaison Committee of non-governmental organisations, without reimbursement of expenses;

    - a representative of the European Youth Forum, with expenses borne by the Council of Europe.

    6. Working structures and methods:

    6.1. As a general rule, the Joint Council shall meet twice a year on the occasion of the meetings of the CDEJ and the Advisory Council. The meetings of the Joint Council shall be held at one of the two European Youth Centres of the Council of Europe, but the Committee of Ministers may authorise the holding of meetings elsewhere. The Council of Europe bears travelling and subsistence expenses of the members of the Joint Council;

    6.2. the meetings of the Joint Council shall be prepared jointly by the Bureau of the CDEJ and the Bureau of the Advisory Council;

    6.3. the Joint Council may establish working parties with representation from the CDEJ and the Advisory Committee. Travelling and subsistence expenses of the members of these working groups, if any should be borne within the framework of the budgetary provisions made for the youth sector;

    6.4. the Chair and the Vice-Chair of the Joint Council shall be the Chair of the CDEJ and the Chair of the Advisory Council. They shall be elected for a period of three years and shall exercise the function of Chair and Vice-Chair of the Joint Council, alternately during half of the triennial period.

    7. Duration:

    The present terms of reference shall be re-examined before 31 December 2003.

    Appendix 6
    (tem 8.3)

    Specific terms of reference

    1. Name of the Committee:

    Programming Committee on Youth

    2. Type of Committee:

    Co-decision body between the governmental and the non-governmental partners of the youth sector

    3. Source of terms of reference:

    Committee of Ministers

    4. Terms of reference:

    Having regard to Resolution (98) 6 adopted by the Committee of Ministers on 16 April 1998 and the Statute of the European Youth Centre and the European Youth Foundation respectively,

    4.1. the Programming Committee is a co-decision body;

    4.2. on the basis of the common position developed by the Joint Council for Youth on the priorities, objectives and budget envelopes of the youth sector, the Programming Committee shall establish the programmes of the European Youth Centres (Strasbourg and Budapest) and the European Youth Foundation.

    Furthermore, the Programming Committee:

    4.3. shall monitor the implementation and the evaluation of the Centre's and the Foundation’s programme;

    4.4. the Secretary General shall refer to the Committee of Ministers any decision of the Programming Committee concerning the Centre and the Foundation which he considers to be incompatible with the role and aims of the Centre and the Foundation, as defined in Article I of the Statute of the Centre and Article 1 of the Statute of the Foundation respectively. In such a case, the Secretary General may suspend execution of the decision until the Committee of Ministers has ruled thereon.

    5. Membership:

    The Programming Committee shall be composed of sixteen members, designated for a period of three years:

    - eight members of the CDEJ representing governments from the member states of the Council of Europe, designated by the CDEJ, seeing to a well-balanced geographical distribution.

    - eight members of the Advisory Council, designated by this body.

    The Council of Europe bears travelling and subsistence expenses of the above sixteen representatives.

    6. Working structures and methods:

    6.1. as a general rule, the Programming Committee shall meet twice a year;

    6.2. the Programming Committee shall draw up its own rules of procedure. The Programming Committee shall meet at one of the two European Youth Centres of the Council of Europe, but the Committee of Ministers may authorise the holding of meetings elsewhere;

    6.3. decisions of the Programming Committee shall be taken by a two-thirds majority of votes cast and by a majority of its members entitled to sit ;

    6.4. a member of the Programming Committee representing an organisation which has applied for funding through either the European Youth Centre or the European Youth Foundation shall not have the right to participate in the decisions by which the said organisation, he or she represents, stands to gain. The voting procedure specified in point 6.3. will be adjusted accordingly;

    6.5. the Programming Committee shall elect, for a period of three years, by an absolute majority of its members, its chair and vice-chair from among its members. The chair and the vice-chair shall not be elected simultaneously from among the governmental representatives or from among the non-governmental representatives. Each of these two functions shall be exercised alternately by a governmental representative and a non-governmental representative during half of the triennial period. If no candidate is elected in the first ballot, a second vote shall be taken in which the candidate obtaining a simple majority of votes cast is elected. No member may be re-elected as chair or vice-chair.

    7. Duration:

    The present terms of reference shall be re-examined before 31 December 2003.

    Appendix 7
    (item 10.1)

    Specific terms of reference

    1. Name of committee:

    Committee of legal advisers on public international law (CAHDI)

    2. Type of committee:

    Ad Hoc Committee of experts

    3. Source of terms of reference:

    Committee of Ministers

    4. Terms of reference:

    Under the authority of the Committee of Ministers, the Committee is instructed to examine questions of public international law, to exchange and, if appropriate, to co-ordinate the views of member states at the request of the Committee of Ministers, Steering Committees and Ad Hoc Committees and at its own initiative.

    5. Membership of the Committee:

    a. The Committee is composed of experts by member States, preferably chosen among the Legal Advisers to the Ministries of Foreign Affairs. Travel and subsistence expenses of one expert per member state (two for the State assuming the Chair of the Committee) are borne by the Council of Europe budget.

    b. The European Community may send representatives, without the right to vote or to a refund of expenses, to meetings of the Committee.

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

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

    d. The following observers with the Committee may send representatives to meetings of the Committee, without the right to vote or to a refund of expenses

    * Federal Republic of Yugoslavia 6
    Australia
    Israel 7
    New Zealand
    The Hague Conference on Private International Law
    NATO 8
    The Organisation for Economic Co-operation and Development
    The United Nations and its specialised agencies 9

    6. Structures and working methods:

    The CAHDI may set up working parties and have recourse to consultant experts.

    7. Duration:

Note ( There was no decision under this item.
Note 1 Deputy Minister for Foreign Affairs
Note 2 Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Turkey and the United Kingdom 
Note 3 The Committee can only have one member of a certain nationality.
Note 4 The Recommendation concerns the participation of women and men in an equitable proportion in committees and other bodies set up in the Council of Europe. The Committee currently comprises 10 men and 2 women.
Note 5 States that have ratified the Charter or Revised Charter are shown in bold type in the text.
Note 6
    Note * Subject to specific rules applicable to this state.
    Note See CM/Del/Dec(2000)735, item 2.1a, para. 4 and SG/Inf(2000)48, para. 34. and CM/Del/Dec(2001)742, item 10.1, Appendix 8.
Note 7 Admitted as observer "for the whole duration of the Committee" by the CAHDI, March 1998. The same is valid for subordinated committees. Decision confirmed by the Committee of Ministers (CM/Del/Dec(99)670, item 10.2 and CM(99)57, para. D15).
Note 8 See CM/Del/Dec/Act(93)488/29 and CM/Del/Concl(92)480/3.
Note 9 For specific items at the request of the Committee.


 Top

 

  Related Documents
 
   Meetings
 
   Other documents