Ministers’ Deputies
Decisions

CM/Del/Dec(2007)991 3 April 2007
———————————————

991st meeting, 28 March 2007

Decisions adopted

———————————————

CONTENTS

Page

List of those present 6

1. General questions

1.1 Adoption of the agenda 9*

1.2 Preparation of forthcoming meetings +

1.3 Communication from the Secretary General and the Deputy Secretary General 9*

1.4 Report of the Bureau 10

1.5 117th Session of the Committee of Ministers (Strasbourg, 10-11 May 2007) – Preparation 10

1.6 Progress review report for 2006 and 2008 priorities – Preliminary exchange of views 11

1.7 Election of the Deputy Secretary General – Interview with the candidate 11*

1.8 Co-operation between the Council of Europe and the European Community – State of negotiations concerning the Agreement on the Fundamental Rights Agency of the European Union 12

2. Political questions

2.1 Current political questions
a. Activities for the development and consolidation of democratic stability 12
. Armenia
. Russian Federation
b. Other questions +
- Statement by the Representative of Georgia
- Statement by the Representative of Germany on behalf of the European Union

2.2 Situation in Cyprus+

3. Parliamentary Assembly

3.1 Written Questions by members of the Parliamentary Assembly to the Committee of Ministers

      a. Written Question No. 509 by Mr Lindblad: “Acceptable boundaries of Russian membership
      in the Council of Europe” 12
      b. Written Question No. 490 by Mrs Oskina: “Pressure exercised by states on the European
      Court of Human Rights applicants” 12

3.2 Written Questions by members of the Parliamentary Assembly to the Chair of the
Committee of Ministers

      a. Written Question No. 512 by Mr Cilevičs: “Asylum procedures in “the former
      Yugoslav Republic of Macedonia” and forced return of Roma to Serbia and Kosovo” (cf. item 1.1)

3.3 Standing Committee of the Parliamentary Assembly (Paris, 16 March 2007)
a. Communication by the Secretary General of the Parliamentary Assembly 13

      b. Texts adopted 13

3.4 Preparation of the Joint Committee (Strasbourg, 19 April 2007) 13

      Page

4. Human rights

4.1 Collective complaint No. 34/2006 by the World Organisation against Torture (OMCT)
against Portugal (cf. item 1.1)

4.2 Human rights of members of the armed forces –
Parliamentary Assembly Recommendation 1742 (2006) 13

4.3 Implementation of judgments of the European Court of Human Rights –
Parliamentary Assembly Recommendation 1764 (2006) 14

4.4 Framework Convention for the Protection of National Minorities –
Election of an expert to the list of experts eligible to serve on the Advisory Committee –
Candidates in respect of Italy 14

4.5 European Court of Human Rights – Election of judges – List of candidatures in respect of Cyprus 14

H46-1 Ilaşcu and others against Moldova and Russia –
Judgment of 08/07/2004 – Grand Chamber – Application of Article 46, paragraph 2, of the
European Convention on Human Rights as amended by Protocol No. 11 14

10. Legal questions

10.1 Centre of Expertise for Local Government Reform – 1st annual activity report 15

11. Administration and logistics

11.1 Staff Regulations – Draft amendments to Appendix I – Regulations on Staff Participation –
Proposals of the Staff Committee to provide for improved participation of retired staff 15

11.2 Management of Staff Under-performance – Draft resolution adding Article 22bis to the Staff
Regulations and amending Article 23 thereof (cf. item 1.1)

12. Congress of Local and Regional Authorities of the Council of Europe

12.1 United Nations Human Settlements Programme (UN-HABITAT)

      a. Message of the Committee of Ministers to the Governing Council of the United Nations Human Settlements Programme (UN-HABITAT) (Nairobi, 14-20 April 2007) 15
      b. The United Nations Human Settlements Programme (UN-HABITAT) draft guidelines on decentralisation and the strengthening of local authorities – Recommendation 200 (2006) of the Congress of Local and Regional Authorities of the Council of Europe 15

APPENDICES

APPENDIX 1 991st meeting of the Ministers' Deputies
(Item 1.1) (Strasbourg, 28 (10 a.m.) March 2007)
Agenda 17

APPENDIX 2 Reply to Parliamentary Assembly Recommendation 1742 (2006)
(Item 4.2) on the human rights of members of the armed forces 21

APPENDIX 3 Reply to Parliamentary Assembly Recommendation 1764 (2006)
(Item 4.3) on the implementation of judgments of the European Court of Human Rights 22

APPENDIX 4 Resolution Res(2007)4 amending Articles 2 and 3 of the
(Item 11.1) Regulations on Staff Participation (Appendix I to the Staff Regulations) 25

Page

APPENDIX 5 Message of the Committee of Ministers to the Governing Council of the United
(Item 12.1a) Nations Human Settlements Programme (UN-HABITAT)
(Nairobi, 14-20 April 2007) 26

APPENDIX 6 Reply to Recommendation 200 (2006) of the Congress of Local and Regional
(Item 12.1a) Authorities of the Council of Europe on the United Nations Human Settlements
Programme (UN-HABITAT) draft guidelines on decentralisation and the
strengthening of local authorities 27

The 991st meeting of the Ministers’ Deputies opened on 28 March 2007 at 10.00 a.m. under the chairmanship of Mr G. Bellatti Ceccoli, Deputy for the Minister for Foreign Affairs of San Marino.

PRESENT

ALBANIA
Mr S. Çaushi
Mr F. Peni
Mr M. Meminaj

ANDORRA
Ms G. Cano

ARMENIA
Mr C. Ter Stepanian
Mr L. Amirdjanian
Ms O. Davtian

AUSTRIA
Ms E. Ellison-Kramer

AZERBAIJAN
Mr A. Mammadov
Mr V. Ahmadov
Mr S. Sharifov
Mr Z. Akhmadov
Mr J. Musayev

BELGIUM
Mr J. Devadder
Mr F. Bontemps

BOSNIA AND HERZEGOVINA
Mr B. Marić
Ms M. Sidran-Kamisalic

BULGARIA
Mr I. Petkov
Mrs L. Draganova

CROATIA
Mr D. Bučan
Ms V. Batistić-Kos
Mr D. Sabljak
Mrs P. Leppee Fraize

CYPRUS
Mr M. Stavrinos
Ms H. Mina
Mr G. Ioannides

CZECH REPUBLIC
Mr O. Abrhám
Ms K. Markovová

DENMARK
Mr C. Oldenburg

ESTONIA
Mr S. Kannike
Mr I. Siil
Mrs N. Luts
Mr E. Harremoes

FINLAND
Ms A.M. Nyroos
Mr E. Lundberg
Mr P. Kotilainen

FRANCE
Mr B. Gain
Ms M.-A. Bourdin
Mr F. Rogge
Mr S. Muller

GEORGIA
Mr Z. Tchiaberashvili
Ms N. Avaliani

GERMANY
Mr E. Kölsch
Mr A. Klaßen
Ms A. Weerth

GREECE
Mr C. Yerocostopoulos
Mr N. Tsamados
Ms D. Koukoulopoulou

HUNGARY
Mr Z. Taubner
Ms E. Petőházi

ICELAND
Mr S.L. Stefansson
Ms P.M. Rúnarsdóttir

IRELAND
Mr J. Sharkey
Mr R. Gargan
Mr P. Memery
Mr N. Sheerin

ITALY
Mr P. Lonardo
Mr A. Verde
Mrs V. Biagiotti

LATVIA
Mrs I. Freimane-Deksne

LIECHTENSTEIN
-

LITHUANIA
Mr N. Germanas
Mr J. Rakitskis
Ms A. Venckevičienė

LUXEMBOURG
Mr R. Mayer

MALTA
Mr J. Licari
Mr C. Depasquale

MOLDOVA
Mr A. Neguta
Mr S. Mihov
Mrs M. Balitchi
Ms R. Postu

MONACO
Mrs C. Gastaud

NETHERLANDS
Mr J. van der Velden
Mr M. van der Kolk
Mr G. C. de Boer
Mr M. van den Bosch

NORWAY
Mr T. Frøysnes
Mr G.J. Hagen
Ms R. Fidjestøl

POLAND
Mr P. Świtalski
Mr J. Kasprzyk
Mr K. Piorkowski

PORTUGAL
Mr J. Duarte
Mr J. Patricio
Mr L. Sequeira

ROMANIA
Mr S. Stoian
Mr A. Pacuretu
Mr N. Nastase
Mr C.H. Rogoveanu
Ms O. Rogoveanu

RUSSIAN FEDERATION
Mr V. Pospelov
Mr V. Egorov
Mr S. Veselovskiy
Mr M. Nefedov
Ms M. Molodtsova

SAN MARINO
Mr G. Bellatti Ceccoli, Chairman
Mr D. Beleffi
Mr E. Gasperoni

REPUBLIC OF SERBIA
Ms S. Prica, Vice-Chair
Ms K. Lalic Smajevic
Ms I. Banovcanin Heuberger
Ms T. Rastovac Siamashvili
Mr I. Vucinic
Mr A. Tomic

SLOVAK REPUBLIC
Ms A. Lamperová
Mr J. Kubla
Ms E. Kimlikova
Ms M. Slováková

SLOVENIA
Mrs M. Bole
Mr J. Brenčič

SPAIN
Mr F. Mansito Caballero
Mr A. Navarro de Zuvillaga

SWEDEN
Mr P. Sjögren
Mr B. Häggmark
Mr M. Molander

SWITZERLAND
Mr J.C. Joseph
Mr C. Birrer
Ms S. Trautweiler Heizmann

“THE FORMER
YUGOSLAV REPUBLIC
OF MACEDONIA”
Ms E. Petrova-Mitevska
Ms B. Tasevska

TURKEY
Mr D. Batibay
Mr K. Esener
Ms N. Darama
Mrs B. Tuğ
Mr T. Oral
Mr T. Bilgiç
Mr B. Ulusoy
Mr U. Umar

UKRAINE
Mr Y. Perelygin
Mr S. Reva
Mr S. Romanenko

UNITED KINGDOM
Mr S. Howarth
Ms H. Mulvein
Ms F. Horine

*
* *

REPUBLIC OF MONTENEGRO
Mr Z. Janković
Mr I. Ivanišević

*

* *

EUROPEAN COMMISSION
-

*

* *

CANADA
-

HOLY SEE
Mgr V. Rallo

JAPAN
Mr D. Tsukahara

MEXICO
Ms A.R. Arizmendi

UNITED STATES OF AMERICA
Ms F.A. Reed

Item 1.1

Adoption of the agenda

Decisions

The Deputies

1. agreed to postpone the following items on the draft agenda of their 991st meeting:

 

3.2

Written Questions by members of the Parliamentary Assembly to the Chair of the Committee of Ministers
a. Written Question No. 512 by Mr Cilevičs: “Asylum procedures in “the former Yugoslav Republic of Macedonia” and forced return of Roma to Serbia and Kosovo”

to their 993rd meeting (11 April 2007);

 

4.1

Collective complaint No. 34/2006 by the World Organisation against Torture (OMCT) against Portugal

to their 994th meeting (2 May 2007);

 

11.2

Management of Staff Under-performance – Draft resolution adding Article 22bis to the Staff Regulations and amending Article 23 thereof

to one of their forthcoming meetings;

2. agreed to add the following sub-items to the agenda of their 991st meeting:

 

2.1

Current political questions
b. Other questions
- Statement by the Representative of Georgia
- Statement by the Representative of Germany on behalf of the European Union

3. taking into account decisions 1 and 2 above, adopted the agenda of their 991st meeting, as it appears at Appendix 1 to the present volume of Decisions.

Item 1.3

Communication from the Secretary General and the Deputy Secretary General
(SG/Com(2007)991)

Decisions

The Deputies

1. took note of the communication by the Secretary General and the Deputy Secretary General, as it appears in document SG/Com(2007)991;

2. decided to resume consideration of the proposals made by the Secretary General on the restructuration of the Secretariat, if possible at their 993rd meeting (11 April 2007).

Item 1.4

Report of the Bureau
(CM/Bur/Del(2007)6)

Decisions

The Deputies

1. decided to entrust the function of the Chair of the Rapporteur Group on External Relations (GR-EXT) to Ambassador Daryal Batibay, Permanent Representative of Turkey;

2. agreed to resume consideration of the organisation of their 1000th meeting at their 993rd meeting (11 April 2007);

3. decided to convert their 1001st meeting (DH) (3-4 July 2007) into a regular meeting to be held on Thursday 5 July 2007 and to extend, by half a day each, their 1007th (DH) and 1013th (DH) meetings which will consequently be held on 15 to 17 October 2007 and 3 to 5 December 2007 respectively;

4. took note of the report of the meeting of the Bureau of 26 March 2007 (CM/Bur/Del(2007)6) and approved the other recommendations contained therein.

Item 1.5

117th Session of the Committee of Ministers (Strasbourg, 10-11 May 2007) –
Preparation

Decisions

The Deputies

1. took note of the chairmanship's proposals for the items to be included on the agenda of the 117th Session of the Committee of Ministers, in the light of the preliminary draft programme prepared by the chairmanship;

2. on the basis of these proposals, agreed to include the following items on the provisional draft agenda of the 117th Session:

    i. relations between the Council of Europe and the European Union:

        - Memorandum of Understanding between the Council of Europe and the European Union;
        - follow-up to the recommendations of the report by Jean-Claude Juncker, Prime Minister of the Grand Duchy of Luxembourg;
        - co-operation between the Council of Europe and the European Union Agency for Fundamental Rights;

    ii. consolidation of the Council of Europe system of human rights protection:

        - follow-up to the report of the Group of Wise Persons set up on 14 September 2005 to consider the long-term effectiveness of the ECHR control mechanism;
        - implementation of the Declaration on sustained action to ensure the effectiveness of the European Convention on Human Rights at national and at European levels;

    iii. follow-up given to other priorities resulting from the Warsaw Summit:

        - Council of Europe activities to develop intercultural dialogue;
        - implementation of Chapter V of the Action Plan of the Third Summit;

3. bearing in mind the foregoing, and the fact that the President of the Parliamentary Assembly, the President of the European Commission and the Secretary General of the OSCE were invited to attend all ministerial sessions, noted that the chair would also issue invitations to:

      - the President of the European Court of Human Rights;
      - the President of the Congress of Local and Regional Authorities of the Council of Europe;
      - the Council of Europe Commissioner for Human Rights;
      - the Chair of the Group of Wise Persons set up to consider the long-term effectiveness of the ECHR control mechanism;
      - the High Representative for the Common Foreign and Security Policy of the European Union;
      - the Ministers for Foreign Affairs of the five observer countries;

4. agreed to resume examination of the preparation of the 117th Session at their 993rd meeting (11 April 2007).

Item 1.6

Progress review report for 2006 and 2008 priorities –
Preliminary exchange of views
(CMInf(2007)15 rev and CMInf(2007)17)

Decision

The Deputies agreed to postpone examination of this question to their 993rd meeting (11 April 2007).

Item 1.7

Election of the Deputy Secretary General –
Interview with the candidate

(CM/Del/Dec(2007)981/1.5, CM/Del/Dec(2007)988/1.5, CM/Del/Dec(2007)990/1.5, CM(2007)9 and CM(2007)9 add)

Decisions

The Deputies, having interviewed the candidate for the post of Deputy Secretary General,

1. agreed to consult the Parliamentary Assembly through the Joint Committee, scheduled to meet on 19 April 2007;

2. agreed to resume consideration of this item at their 994th meeting (2 May 2007), with a view to adopting a resolution for the attention of the Assembly in accordance with Article 5 of the Procedure for appointments to the post of Deputy Secretary General.

Item 1.8

Co-operation between the Council of Europe and the European Community –
State of negotiations concerning the Agreement on the Fundamental Rights Agency of the European Union
(CM/Del/Dec(2007)989/1.3 and CM/Del/Dec(2007)990/1.8)

Decision

The Deputies agreed to resume consideration of this item at their 993rd meeting (11 April 2007).

Item 2.1a

Current political questions

a. Activities for the development and consolidation of democratic stability
. Armenia
. Russian Federation
(GR-DEM(2007)CB4, DGAP/Inf(2007)9, DGAP/Inf(2007)4)

Decision

The Deputies agreed to postpone this item to their 993rd meeting (11 April 2007).

Item 3.1a

Written Questions by members of the Parliamentary Assembly to the Committee of Ministers

a. Written Question No. 509 by Mr Lindblad: “Acceptable boundaries of Russian membership in the Council of Europe”
(CM/Del/Dec(2006)980/3.1a, CM(2006)190 and CM/AS(2007)Quest509 prov)

Decision

The Deputies agreed to postpone this item to their 993rd meeting (11 April 2007).

Item 3.1b

Written Questions by members of the Parliamentary Assembly to the Committee of Ministers

b. Written Question No. 490 by Mrs Oskina: “Pressure exercised by states on the European Court of Human Rights applicants”
(CM/Del/Dec(2006)974/3.1c, CM/Del/Dec(2007)984/3.1a, CM/Del/Dec(2007)990/3.2b, CM/AS(2007)Quest490 prov)

Decision

The Deputies agreed to postpone this item to their 993rd meeting (11 April 2007).

Item 3.3a

Parliamentary Assembly –
Standing Committee (Paris, 16 March 2007)

a. Communication of the Secretary General of the Parliamentary Assembly
(SG-AS(2007)02)

Decision

The Deputies agreed to postpone this item to their 993rd meeting (11 April 2007).

Item 3.3b

Parliamentary Assembly –
Standing Committee (Paris, 16 March 2007)

b. Texts adopted
(2007 Session (Provisional compendium of texts adopted))

Decision

The Deputies agreed to postpone this item to their 993rd meeting (11 April 2007).

Item 3.4

Preparation of the Joint Committee (Strasbourg, 19 April 2007)

Decision

The Deputies agreed to postpone this item to their 993rd meeting (11 April 2007).

Item 4.2

Human rights of members of the armed forces –
Parliamentary Assembly Recommendation 1742 (2006)
(CM/Del/Dec(2006)962/3.1b, CM/Del/Dec(2006)974/4.3, Rec_1742 (2006), CM/AS(2007)Rec1742 prov)

Decision

The Deputies adopted the reply to Parliamentary Assembly Recommendation 1742 (2006) on the human rights of members of the armed forces, as it appears at Appendix 2 to the present volume of Decisions.3

Item 4.3

Implementation of judgments of the European Court of Human Rights –
Parliamentary Assembly Recommendation 1764 (2006)
(REC_1764 (2006), CM/AS(2007)Rec1764 prov3)

Decision

The Deputies adopted the reply to Parliamentary Assembly Recommendation 1764 (2006) on the implementation of judgments of the European Court of Human Rights, as it appears at Appendix 3 to the present volume of Decisions.4

Item 4.4

Framework Convention for the Protection of National Minorities –
Election of an expert to the list of experts eligible to serve on the Advisory Committee –
Candidates in respect of Italy
(CM(2007)25)

Decision

The Deputies agreed to postpone this item to their 993rd meeting (11 April 2007).

Item 4.5

European Court of Human Rights – Election of judges –
List of candidatures in respect of Cyprus
(CM(2007)34)

Decisions

The Deputies

1. took note of the list of candidates for the election of a judge of the European Court of Human Rights presented in respect of Cyprus;

2. agreed to transmit the list of candidates in respect of Cyprus to the Parliamentary Assembly.

Item H46-1

Ilaşcu and others against Moldova and the Russian Federation –
Judgment of 08/07/2004 – Grand Chamber – Application of Article 46, paragraph 2,
of the European Convention on Human Rights as amended by Protocol No. 11

(CM/Inf/DH(2006)17 rev27 and CM/Inf/DH(2006)52 rev)

Decision

The Deputies agreed to postpone this item to their 992nd meeting (DH) (3-4 April 2007).

Item 10.1

Centre of Expertise for Local Government Reform – 1st annual activity report
(CM(2007)31)

Decision

The Deputies agreed to postpone this item to their 993rd meeting (11 April 2007).

Item 11.1

Staff Regulations –
Draft amendments to Appendix I – Regulations on Staff Participation –
Proposals of the Staff Committee to provide for improved participation of retired staff
(CM(2007)16)

Decisions

The Deputies

1. adopted Resolution Res(2007)4 amending Articles 2 and 3 of the Regulations on Staff Participation (Appendix I to the Staff Regulations), as it appears at Appendix 4 to the present volume of Decisions;

2. decided that Resolution Res(2007)4 would enter into force on the day on which it was adopted and invited the Secretary General to inform Council of Europe staff of the relevant amendments to the Staff Regulations.

Item 12.1a,b

United Nations Human Settlements Programme (UN-HABITAT)

a. Message of the Committee of Ministers to the Governing Council of the United Nations Human Settlements Programme (UN-HABITAT) (Nairobi, 14-20 April 2007)

b. The United Nations Human Settlements Programme (UN-HABITAT) draft guidelines on decentralisation and the strengthening of local authorities – Recommendation 200 (2006) of the Congress of Local and Regional Authorities of the Council of Europe
(CM/Del/Dec(2007)989/12.2ab, Congress REC_200 (2006), CM/Cong(2007)Rec200 prov and CM(2007)33)

Decisions

The Deputies

1. adopted the message of the Committee of Ministers to the Governing Council of the United Nations Human Settlements Programme (UN-HABITAT) (Nairobi, 14-20 April 2007), as it appears at Appendix 5 to the present volume of Decisions, and instructed the Secretariat to forward it to the Governing Council;

2. adopted the reply to Recommendation 200 (2006) of the Congress of Local and Regional Authorities of the Council of Europe on the United Nations Human Settlements Programme (UN-HABITAT) draft guidelines on decentralisation and the strengthening of local authorities, as it appears at Appendix 6 to the present volume of Decisions;5

3. noted that the Council of Europe is at the disposal of the governments of member states to facilitate and contribute to any joint reflection and action they may wish to undertake in respect of this ongoing work in
UN-HABITAT.

Appendix 1
(Item 1.1)

991 Meeting of the Ministers’ Deputies
(Strasbourg, 28 (10 a.m.) March 2007)

Agenda

1.

General questions

1.1

Adoption of the agenda

1.2

Preparation of forthcoming meetings

1.3

Communication from the Secretary General and the Deputy Secretary General

1.4

Report of the Bureau

(CM/Bur/Del(2007)6)
(CM/Notes/991/1.4 of 27.3.2007)

1.5

117th Session of the Committee of Ministers (Strasbourg, 10-11 May 2007) – Preparation

(CM/Notes/991/1.5 of 23.3.2007)

1.6

Progress review report for 2006 and 2008 priorities – Preliminary exchange of views

(CM/Inf(2007)15 rev and CM/Inf(2007)17)
(CM/Notes/991/1.6 of 16.3.2007)

1.7

Election of the Deputy Secretary General – Interview with the candidate

(CM/Del/Dec(2006)981/1.5, CM/Del/Dec(2007)988/1.5 and CM/Del/Dec(2007)990/1.5, CM(2007)9
and CM(2007)9 add)
(CM/Notes/991/1.7 of 23.3.2007)

1.8

Co-operation between the Council of Europe and the European Community –
State of negotiations concerning the Agreement on the Fundamental Rights Agency of the European Union

(CM/Del/Dec(2007)989/1.3 and CM/Del/Dec(2007)990/1.8)
(CM/Notes/991/1.8 of 22.3.2007)

2.

Political questions

2.1

Current political questions

a. Activities for the development and consolidation of democratic stability
. Armenia
. Russian Federation

(Item prepared by GR-DEM on 13.3.2007)

(GR-DEM(2007)CB4, DGAP/Inf(2007)9, DGAP/Inf(2007)4)
(CM/Notes/991/2.1 of 16.3.2007)

b. Other questions

      - Statement by the Representative of Georgia
      - Statement by the Representative of Germany on behalf of the European Union

2.2

Situation in Cyprus

3.

Parliamentary Assembly

3.1

Written Questions by members of the Parliamentary Assembly to the Committee of Ministers

a. Written Question No. 509 by Mr Lindblad: “Acceptable boundaries of Russian membership in the Council of Europe”

(CM/Del/Dec(2006)980/3.1a, CM(2006)190 and CM/AS(2007)Quest509 prov)
(CM/Notes/991/3.1a of 6.3.2007)

b. Written Question No. 490 by Mrs Oskina: “Pressure exercised by states on the European Court of Human Rights applicants”

(CM/Del/Dec(2006)974/3.1c, CM/Del/Dec(2007)984/3.1a, CM/Del/Dec(2007)990/3.2b and CM/AS(2007)Quest490 prov)
(CM/Notes/991/3.1b of 26.3.2007)

3.2

Written Questions by members of the Parliamentary Assembly to the Chair of the Committee of Ministers

a. Written Question No. 512 by Mr Cilevičs: “Asylum procedures in “the former Yugoslav Republic of Macedonia” and forced return of Roma to Serbia and Kosovo”

(Item postponed)

3.3

Standing Committee of the Parliamentary Assembly (Paris, 16 March 2007)

a. Communication by the Secretary General of the Parliamentary Assembly

b. Texts adopted

(2007 Session (Provisional compendium of texts adopted) and SG/AS(2007)02)
(CM/Notes/991/3.3 of 22.3.2007)

3.4

Preparation of the Joint Committee (Strasbourg, 19 April 2007)

(CM/Notes/991/3.4 of 22.3.2007)

4.

Human rights

4.1

Collective complaint No. 34/2006 by the World Organisation against Torture (OMCT) against Portugal

(Item postponed)

4.2

Human rights of members of the armed forces –
Parliamentary Assembly Recommendation 1742 (2006)
(Item prepared by GR-H on 20.3.2007)

(CM/Del/Dec(2006)962/3.1b, CM/Del/Dec(2006)974/4.3, REC_1742 (2006) and CM/AS(2007)Rec1742 prov)
(CM/Notes/991/4.2 of 16.3.2007)

4.3

Implementation of judgments of the European Court of Human Rights –
Parliamentary Assembly Recommendation 1764 (2006)
(Item prepared by GR-H on 20.3.2007)

(REC_1764 (2006) and CM/AS(2007)Rec1764 prov3)
(CM/Notes/991/4.3 of 23.3.2007)

4.4

Framework Convention for the Protection of National Minorities –
Election of an expert to the list of experts eligible to serve on the Advisory Committee –
Candidates in respect of Italy

(Item prepared by GR-H on 20.3.2007)

(CM(2007)25 of 1.3.2007)
(CM/Notes/991/4.4 of 16.3.2007)

4.5

European Court of Human Rights –
Election of judges – List of candidatures in respect of Cyprus
(Item prepared by GR-H on 20.3.2007)

(CM(2007)34 of 7.3.2007)
(CM/Notes/991/4.5 of 16.3.2007)

H46-1

Ilaşcu and others against Moldova and the Russian Federation –
Judgment of 08/07/2004 – Grand Chamber – Application of Article 46, paragraph 2, of the European Convention on Human Rights as amended by Protocol No. 11

(CM/Inf/DH(2006)17 rev27 and CM/Inf/DH(2006)52 rev)
(CM/Notes/991/H46-1 of 26.3.2007)

10.

Legal questions

10.1

Centre of Expertise for Local Government Reform – 1st annual activity report

(CM(2007)31)
(CM/Notes/991/10.1 of 15.3.2007)

11.

Administration and logistics

11.1

Staff Regulations –
Draft amendments to Appendix I – Regulations on Staff Participation –
Proposals of the Staff Committee to provide for improved participation of retired staff
(Item prepared by GR-AB on 15.3.2007)

(CM(2007)16)
(CM/Notes/991/11.1 of 21.3.2007)

11.2

Management of staff under-performance –
Draft resolution adding Article 22bis to the Staff Regulations and amending Article 23 thereof
(Item to be prepared by GR-AB)

(Item postponed)

12.

Congress of Local and Regional Authorities of the Council of Europe

12.1

United Nations Human Settlements Programme (UN-HABITAT)

a. Message of the Committee of Ministers to the Governing Council of the United Nations Human Settlements Programme (UN-HABITAT) (Nairobi, 14-20 April 2007)

b. The United Nations Human Settlements Programme (UN-HABITAT) draft guidelines on decentralisation and the strengthening of local authorities – Recommendation 200 (2006) of the Congress of Local and Regional Authorities of the Council of Europe

(Items prepared by TC-LARC)

(CM/Del/Dec(2007)989/12.2ab, Congress REC_200 (2006), CM/Cong(2007)Rec200 prov and CM(2007)33)
(CM/Notes/991/12.1 of 23.3.2007)

13.

Any other business

Appendix 2
(Item 4.2)

Reply to Parliamentary Assembly Recommendation 1742 (2006)
on the human rights of members of the armed forces

(Adopted by the Committee of Ministers on 28 March 2007
at the 991st meeting of the Ministers' Deputies)

1. The Committee of Ministers recalls that in its initial reply to Recommendation 1742 (2006) of the Parliamentary Assembly on the human rights of members of the armed forces, it informed the Parliamentary Assembly that it would assign terms of reference to the Steering Committee for Human Rights (CDDH) to express an opinion concerning the feasibility of preparing a text along the lines of that proposed by the Assembly in paragraph 10 of the recommendation.

2. The CDDH examined the recommendation at its meeting in October 2006 and expressed the opinion that it was feasible to prepare a recommendation along the lines proposed by the Assembly in the light of the whole recommendation, as well as the work under way within other bodies. The CDDH was of the opinion that this issue was important and, while being conscious of the complexity of the task, it indicated its availability to fulfil it.

3. The Committee of Ministers would like to inform the Parliamentary Assembly that, at its 984th meeting (17 January 2007), it took note of the CDDH’s opinion on Parliamentary Assembly Recommendation 1742 (2006) and gave the CDDH ad hoc terms of reference to prepare a recommendation along the lines proposed in paragraph 10 of the recommendation while also taking into account the recommendation as a whole. In so doing, the CDDH will take due account of the work carried out on this topic in other international fora, and notably the United Nations and the OSCE.

Appendix 3
(Item 4.3)

Reply to Parliamentary Assembly Recommendation 1764 (2006)
on the implementation of judgments of the European Court of Human Rights

(Adopted by the Committee of Ministers on 28 March 2007
at the 991st meeting of the Ministers' Deputies)

Introduction

1. The Committee of Ministers acknowledges that the implementation of the judgments of the European Court of Human Rights has greatly benefited in the past and continues to benefit from the Parliamentary Assembly’s and national parliaments’ greater involvement. Parliaments bear a two-fold responsibility in this respect: they should establish appropriate procedures to ensure rapid adoption of legislative changes required by judgments and exercise parliamentary oversight of the implementation process conducted by other national authorities. In this context, the Committee welcomes the Assembly’s call to national parliaments to introduce, where necessary, specific mechanisms and procedures for effective parliamentary oversight of the implementation of the Court’s judgments and encourages it to take further measures to that effect. That said, the Committee recalls that the supervision of the execution of the Court’s judgments is the Committee’s responsibility under Article 46 of the European Convention on Human Rights. This constitutes an integral part of the Convention’s unique mechanism and guarantees its effectiveness.

2. The Committee shares the Assembly’s satisfaction about the decisive progress achieved in the implementation of certain judgments, not least resulting from appropriate action by national parliaments (e.g. Doğan v. Turkey and Broniowski v. Poland). It also fully supports the recent laws adopted by parliaments in order to improve the national capacity to implement the Court’s judgments (e.g. Italy and Ukraine). It recalls at the same time that some major issues remain unresolved due to the lack of appropriate legislation (e.g. the impossibility of reopening of domestic criminal proceedings in certain countries). The Committee trusts that the Assembly will further exploit its privileged contacts with national parliaments concerned to overcome this kind of problems.

Point 1.1 – Priority to important implementation problems

3. As regards its own responsibilities under Article 46 of the Convention, the Committee assures the Assembly that it gives the necessary priority to the implementation of the judgments revealing the most important structural problems, including those identified in the Assembly’s resolution. The Committee’s action is not limited to conveying political messages to the national authorities concerned. It also includes comprehensive legal and technical assistance in the process of reforms required by the judgments. In so doing, the Committee puts the 50 years of experience accumulated by the Convention mechanism at the service of member states facing specific implementation problems.

4. There is a growing understanding among the members of the Committee of Ministers that complex structural problems revealed by judgments may be more effectively resolved on the basis of this experience and through more intensive and direct contacts between the competent bodies of the Council of Europe and national decision-makers. The Committee strongly promotes various initiatives to that effect. Thus, two round tables were organised in 2005 and 2006 involving high officials of the Russian Federation and of the competent bodies of the Council of Europe to address two major shortcomings in judicial organisation and administration (supervisory review procedure and non-enforcement of domestic judicial decisions against the state). The Committee has also strongly advocated new national strategies for resolving certain long-lasting problems raised by the Court’s judgments. Thus, in a recent interim resolution, the Committee encouraged the efforts of the Italian authorities to draw up a new, effective strategy to combat the structural problem of excessive length of judicial proceedings (Interim Resolution ResDH(2007)2). The Committee will further encourage such initiatives in respect of states which are required under the Court’s judgments to resolve structural problems. The progress achieved will be regularly reported as appropriate in the Committee’s decisions, resolutions and other documents. The Committee plans to issue, in addition, a yearly report on the execution of judgments, the first of which will cover the year 2007.

Point 1.2 – Co-operation between the Council of Europe bodies and with the European Union

5. The Committee also fully shares the Assembly’s view that better synergies should be developed between various Council of Europe bodies and institutions with a view to more effective implementation of judgments. From this perspective, the Assembly’s enhanced involvement in this area is most welcome. The Committee encourages other bodies of the Council of Europe to mainstream in their respective activities the Convention’s requirements, as set out in the Court’s judgments. An important role should in particular be played in this area by the Council of Europe Commissioner for Human Rights, the Venice Commission and the European Commission for the Efficiency of Justice (CEPEJ). The tripartite meetings between the Committee of Ministers, the Assembly, and the Commissioner for Human Rights may be an appropriate format to address the most important issues arising in the implementation of judgments.

6. The existing assistance and co-operation programmes of the Council of Europe have also to be oriented so as to support the implementation of these requirements. The Committee will strongly encourage these developments. A new Special Execution Assistance Programme has already been established for 2007 and may be extended subsequently if it proves successful. The idea of using the Council of Europe Development Bank (CEB) in order to facilitate, through its own means of action, the implementation of the Court’s judgments revealing important systemic problems also deserves careful consideration.

7. Better co-ordination with the European Union as well as with international organisations is another important task. The European Union’s organs have so far considered the proper implementation of the Court’s judgments as a part of the political criteria to be fulfilled prior to accession. However, the European Union’s potential in promoting and supporting the implementation of the Court’s judgments remains to be further exploited. Important implementation issues may in particular be raised in the context of the regular meetings between the Assembly and European Parliament. The latter may also wish to pay closer attention to such issues in the context of its annual reports concerning the respect for fundamental rights in the EU member states. The role of the new EU Fundamental Rights Agency could also be usefully explored in this context.

Point 1.3 – Better communication policy and transparency

8. The Committee’s communication policy and transparency as regards the implementation of the Court’s judgments is a matter of current concern. Unlike a few years ago, virtually all information about the implementation of judgments today is public. However, special efforts are now being taken in order to make this information more easily accessible to all concerned. In addition, means to ensure better dissemination of this information to national authorities and the public are being sought.

Point 1.4 – Setting up domestic mechanisms to secure timely and effective implementation of the Court's judgments

9. By a declaration adopted at its 116th Session, the Committee of Ministers launched the preparation of a special recommendation to member states to improve their domestic capacity to implement the Court’s judgments. This work is presently in progress within the Steering Committee on Human Rights (CDDH) and the results are expected to be presented to the Committee in the first half of 2008. In accordance with the CDDH’s existing terms of reference, the Assembly is being associated with this work. This recommendation will usefully complement the existing package of five recommendations adopted in order to guarantee the long-term effectiveness of the Convention system. It should be emphasised that this package is subject to regular follow-up by the Committee with the assistance of the CDDH and also in the context of its supervision of the execution of judgments in individual cases.

Point 1.5 – Firmer measures in case of continuous non-compliance

10. The Committee trusts that these efforts will already contribute to preventing undue delays in compliance with the Court’s judgments. The Committee continues however to consider other possible responses to cases of continuous failure to comply with the Court’s judgments both in individual cases and as a general issue. It has also asked the CDDH to provide additional input on this point. In particular, the Committee has instructed the CDDH to develop further practical proposals for the supervision of the execution of judgments in situations of slow or negligent execution. The Committee reiterates its firm commitment to using all means available to the Organisation to overcome situations of reluctance, negligence or incapacity to execute the Court’s judgments. In this respect, the Committee has decided to place the general item entitled ‘Measures to improve the execution of the judgments of the European Court of Human Rights on the agenda of each of its future Human Rights meetings (DH).

Appendix 4
(Item 11.1)

Resolution Res(2007)4
amending Articles 2 and 3 of the Regulations on Staff Participation
(Appendix I to the Staff Regulations)

(Adopted by the Committee of Ministers on 28 March 2007
at the 991st meeting of the Ministers' Deputies)

Appendix I – Regulations on Staff Participation

PART I: General Meeting of staff

Article 2 –

1. The General Meeting of staff shall be the organ in which all staff members may express their opinions on their conditions of employment and work. It shall also be the organ in which all retired staff members may express their opinions on the conditions that concern them. It shall meet at least once a year in ordinary session, and must be convened in extraordinary session if fifty active and/or retired staff members so request in writing, stating their reasons.
2. The General Meeting shall elect its own Chair and adopt its own Rules of Procedure.

PART II: Staff Committee

Article 3 – Membership, elections, Rules of Procedure

1. The Staff Committee shall comprise members whose term of office shall be two years.These members shall be elected within two electoral colleges, the first representing active staff members, the second representing retired staff members. Those members elected within the second college shall not constitute more than 10% of the total number of members of the Staff Committee.
2. All members of the staff of the Council of Europe shall be entitled to vote. They constitute the first electoral college. All members of the staff in post for at least six months shall be entitled to stand for election.
3. All retired staff members of the Council of Europe shall be entitled to vote and to stand for election. They constitute the second electoral college.
4. The Staff Committee shall be elected by secret ballot. Elections within each electoral college shall be valid only if a majority of the staff entitled to vote within each college takes part.
5. Other conditions for election to the Staff Committee and its composition shall be laid down by the General Meeting of staff.
6. The Staff Committee shall adopt its own Rules of Procedure.

Appendix 5
(Item 12.1a)

Message of the Committee of Ministers to the Governing Council of the United Nations Human Settlements Programme (UN-HABITAT) (Nairobi, 14-20 April 2007)

(Adopted by the Committee of Ministers on 28 March 2007
at the 991st meeting of the Ministers’ Deputies)

The Committee of Ministers welcomes the work being undertaken by UN-HABITAT to develop at global level Guidelines on decentralisation and the strengthening of local authorities. These are crucial issues which the Council of Europe has worked on over the last five decades and continues to address as part of the Action Plan adopted by the Heads of State and Government of Council of Europe member states in Warsaw in 2005. The Committee of Ministers notes with satisfaction that the draft guidelines appear in several respects to correspond to, and possibly even derive inspiration from, the European Charter of Local Self-Government, which has been ratified by 42 of the Council of Europe’s 46 member states.

The Committee of Ministers for these reasons cannot but encourage UN-HABITAT and the states taking part in it to take this work forward and to bring it to a successful conclusion.

As the Committee of Ministers is not associated with the work of UN-HABITAT, it considers it is for individual member states to take a position on the actual content and eventual adoption of the guidelines, whilst noting that the following aspects may deserve particular attention:

    · the elected nature of local councils, except where direct democracy applies, and the democratic accountability of those holding public offices at local level;

    · the crucial importance of citizens' participation and involvement in local public life through an appropriate combination of representative and participative democracy;

    · respect for public ethics by elected representatives and civil servants alike;

    · good governance at all levels of government;

    · sustainable development and the role and responsibilities of local government;

    · co-operation and partnerships between local authorities both within the state (intermunicipal) and across the borders (transfrontier and interterritorial).

The Committee of Ministers further takes this occasion to inform UN-HABITAT that in light of the experience accumulated in the Council of Europe on issues of decentralisation and strengthening of local authorities, such as assisting countries with implementation, it is at the disposal of UN-HABITAT to explore together whether and if so how co-operation could be developed.

Appendix 6
(Item 12.1b)

Reply to Recommendation 200 (2006)
of the Congress of Local and Regional Authorities of the Council of Europe
on the United Nations Human Settlements Programme (UN-HABITAT) draft guidelines on
decentralisation and the strengthening of local authorities

(Adopted by the Committee of Ministers on 28 March 2007
at the 991st meeting of the Ministers' Deputies)

1. The Committee of Ministers has paid particular attention to Congress Recommendation 200 (2006) on the United Nations Human Settlements Programme (UN-HABITAT) draft guidelines on decentralisation and the strengthening of local authorities. It has drawn it to the attention of governments of member states, and forwarded it to the Steering Committee on Local and Regional Democracy (CDLR).

2. The Committee of Ministers welcomes the work being undertaken by UN-HABITAT to develop at global level guidelines on decentralisation and the strengthening of local authorities and encourages UN-HABITAT and the states taking part in it to take this work forward and to bring it to a successful conclusion. In this spirit, the Committee of Ministers has accordingly adopted a message to the Governing Council of the United Nations Human Settlements Programme (UN-HABITAT) (Nairobi, 14-20 April 2007). The message appears in the Appendix to this reply.

3. The Committee of Ministers also notes that the Council of Europe is at the disposal of the governments of member states to facilitate and contribute to any joint reflection and action they may wish to undertake in respect of this ongoing work in UN-HABITAT.

Appendix to the reply

Message of the Committee of Ministers to the Governing Council of the United Nations Human Settlements Programme (UN-HABITAT) (Nairobi, 14-20 April 2007)

“The Committee of Ministers welcomes the work being undertaken by UN-HABITAT to develop at global level Guidelines on decentralisation and the strengthening of local authorities. These are crucial issues which the Council of Europe has worked on over the last five decades and continues to address as part of the Action Plan adopted by the Heads of State and Government of Council of Europe member states in Warsaw in 2005. The Committee of Ministers notes with satisfaction that the draft guidelines appear in several respects to correspond to, and possibly even derive inspiration from, the European Charter of Local Self-Government, which has been ratified by 42 of the Council of Europe’s 46 member states.

The Committee of Ministers for these reasons cannot but encourage UN-HABITAT and the states taking part in it to take this work forward and to bring it to a successful conclusion.

As the Committee of Ministers is not associated with the work of UN-HABITAT, it considers it is for individual member states to take a position on the actual content and eventual adoption of the guidelines, whilst noting that the following aspects may deserve particular attention:

    · the elected nature of local councils, except where direct democracy applies, and the democratic accountability of those holding public offices at local level;

    · the crucial importance of citizens' participation and involvement in local public life through an appropriate combination of representative and participative democracy;

    · respect for public ethics by elected representatives and civil servants alike;

    · good governance at all levels of government;

    · sustainable development and the role and responsibilities of local government;

    · co-operation and partnerships between local authorities both within the state (intermunicipal) and across the borders (transfrontier and interterritorial).

The Committee of Ministers further takes this occasion to inform UN-HABITAT that in light of the experience accumulated in the Council of Europe on issues of decentralisation and strengthening of local authorities, such as assisting countries with implementation, it is at the disposal of UN-HABITAT to explore together whether and if so how co-operation could be developed. “

Note * The Chairman’s summing-ups under these items appear in document CM/Del/Act(2007)991.
Note + There were no decisions under this item.
Note 3 See also document CM/AS(2007)Rec1742 final.
Note 4 See also document CM/AS(2007)Rec1764 final.
Note 5 See also document CM/Cong(2007)Rec200 final.


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