1037th meeting – 14 March 2012

Item 2.1bis a

Current political questions

a. Activities for the development and consolidation of democratic stability

- Montenegro

- Serbia

(GR-DEM(2012)CB3, DPA/Inf(2011)36 rev and DPA/Inf(2011)30 rev)

Decisions

The Deputies

1. took note of the synopsis of the GR-DEM meeting held on 23 February 2012 (document GR-DEM(2012)CB3);

Concerning Montenegro

Referring to the report “Montenegro: stocktaking of co-operation and fulfilment of statutory obligations” (document DPA/Inf(2011)36 rev):

2. welcomed the substantial progress achieved by Montenegro in fulfilling its Council of Europe accession commitments and statutory obligations;

3. welcomed the adoption of a number of important laws in the field of human rights, rule of law and democracy and encouraged the authorities to give priority attention to their efficient implementation;

4. called on the authorities of Montenegro to implement the following recommendations:

- complete the specific accession commitments and statutory obligations by ensuring the independence of the judiciary and the imperative of avoiding any decisive role of political institutions in the procedure of appointment and dismissal of judges and prosecutors, by completing the reform of the Constitution, in accordance with the Venice Commission’s recommendations;

- strengthen the independence of the Ombudsman and ensure he/she becomes an effective mechanism to implement the anti-discrimination legislation by adopting the necessary constitutional amendments, in line with the Venice Commission and OSCE/ODIHR’s joint opinion;

- improve the legal framework related to the fight against corruption and organised crime, in particular as regards the setting-up of more efficient mechanisms for the implementation and monitoring of anti-corruption initiatives;

- strengthen the independence of media, notably by fostering the implementation of the Law on Electronic Media, the functioning of the self-regulatory body and by prosecuting all acts of violence against journalists;

- ensure an adequate enforcement of national minorities’ constitutional and legal rights;

- combat discrimination, in particular with regard to the LGBT community;

- ensure genuine independence and effectiveness of the independent oversight bodies by providing them with the necessary financial, human and logistic resources to fulfil their functions;

- encourage a political dialogue between the parliamentary majority and the opposition, which would lead to the swift adoption of laws requiring a qualified majority;

Concerning Serbia

Referring to the report “Serbia: stocktaking of co-operation and fulfilment of statutory obligations” (document DPA/Inf(2011)30 rev):

5. welcomed the significant progress and important reforms carried out by Serbia in fulfilling its Council of Europe accession commitments and statutory obligations;

6. welcomed Serbia’s messages and actions in fostering bilateral and multilateral relations, contributing to an improved political climate in the region and encouraged the authorities to maintain this positive dynamic;

7. welcomed the improved co-operation with the International Criminal Tribunal for the former Yugoslavia (ICTY) and the arrest and transfer of the two remaining fugitives to the ICTY;

8. called on the authorities of Serbia to implement the following recommendations:

- continue to work towards fulfilling Serbia’s remaining statutory commitments and obligations to the Council of Europe;

- complete the formal commitments and obligations taken upon accession to the Council of Europe by ratifying the Madrid Convention on Transfrontier Co-operation;

- secure the independence of the oversight bodies, to provide them with the sufficient means and resources to fulfil their mandates and promote better co-ordination between the relevant state institutions;

- continue the reform of the justice system, increasing its transparency, independence and efficiency, by making the best possible use of the Council of Europe expertise;

- address the issue of public intolerance and homophobia in parts of society, by encouraging wider societal debates on the values of diversity, providing support to the reform of education, encouraging related initiatives of civil society, and by ensuring that the standards set by the law on anti-discrimination are enforced and fully implemented;

- continue to improve the situation of persons belonging to national minorities in line with recommendations presented by the relevant monitoring mechanisms of the Council of Europe.



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