Ministers’ Deputies
Notes on the Agenda

CM/Notes/1088/4.3 11 June 20101
____________________

1088 Meeting, 16 June 2010
4 Human rights

4.3 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 to be prepared by the GR-H on 15 June 2010

Reference documents
CM(2010)79

____________________

Action

To elect an expert in respect of Italy to the list of experts eligible to serve on the Advisory Committee.

1. It is recalled that, pursuant to Article 26, paragraph 1 of the Framework Convention, the Committee of Ministers shall be assisted by an advisory committee, “the members of which shall have recognised expertise in the field of the protection of national minorities”. Furthermore, it is recalled that Rules 2, 5, 6, 8, 9, 10 and 15 of Resolution (97) 10 provide the following:

“Rule 2:

The number of ordinary members of the Advisory Committee shall be a minimum of twelve and a maximum of eighteen. (…)

Rule 5:

The members of the Advisory Committee shall have recognised expertise in the field of the protection of national minorities.

Rule 6:

The members of the Advisory Committee shall serve in their individual capacity, shall be independent and impartial, and shall be available to serve the Committee effectively.

Rule 8:

Each Party may submit to the Secretary General the names and the curricula vitae, in one of the official languages of the Council of Europe, of at least two experts who have the required qualifications and capacity to serve on the Advisory Committee. The Secretary General shall transmit these documents to the Committee of Ministers.

Rule 9:

The Committee of Ministers shall elect one of these experts to be entered on the List in respect of that Party.

Rule 10:

Elections shall be held in the chronological order in which the names and curricula vitae submitted by Parties have been received.

Rule 15:

Once the number of entries on the List exceeds eighteen, the Committee of Ministers shall in filling vacant seats in the Advisory Committee, give priority to appointing, in the following order, experts on the List from the Parties in respect of which no ordinary member has been appointed:

a. at two or more consecutive rounds of appointments immediately preceding the current one;
b. at the round of appointments immediately preceding the current one;

followed by experts on the List from other Parties in respect of which there is currently no ordinary member.

For each of these categories, the rule shall apply that if the number of experts entitled to appointment exceeds the number of vacant seats, ordinary members shall be selected by the Committee of Ministers through the drawing of lots.”

2. The Deputies are invited to elect an expert in respect of Italy to the list of experts eligible to serve on the Advisory Committee. Reference is made to Rules 2, 9 and 15 of Resolution (97) 10, quoted above. It is recalled that the Advisory Committee having its full complement of 18 members, the appointment, as an ordinary member of the Advisory Committee, of the expert elected will be considered at a later stage, in accordance with the rotation system provided in Rule 15 quoted above. It is also recalled that, in accordance with Rule 19 of Resolution (97) 10, during consideration of a state report from a Party in respect of which there is no ordinary member of the Advisory Committee, the expert who is on the list in respect of that Party shall be invited to sit as an additional member.

3. Italy presented its nominations by letter dated 1 June 2010. The names and curricula vitae of the candidates in respect of Italy appear in document CM(2010)79.

4. The Rapporteur Group on Human Rights (GR-H) will hold a preliminary exchange of views on this question on 15 June 2010. The Chair will report orally on the outcome of this exchange of views.

5. To be elected, it is necessary to obtain an absolute majority of the votes of the Deputies having the right to vote. All members of the Committee of Ministers are entitled to take part in the vote, which will be by secret ballot. Should none of the candidates on the list obtain the required majority, it would be necessary to hold a second round of voting.

Financing assured: YES

DRAFT DECISIONS

1088th meeting – 16 June 2010

Item 4.3

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(2010)79)

Decisions

The Deputies

1. having proceeded to election in conformity with Rules 8-9 of Resolution (97) 10, declared elected to the list of experts eligible to serve on the Advisory Committee:

¼ in respect of Italy;

2. consequently adopted Resolution CM/ResCMN(2010)…, as it appears at Appendix … to the present volume of Decisions. << see Appendix 1 to the present Notes >>

* * *

Appendix 1

Draft Resolution CM/ResCMN(2010)…
Framework Convention for the Protection of National Minorities –
Election of an expert to the list of experts eligible to serve on the Advisory Committee
in respect of Italy

(Adopted by the Committee of Ministers on … 2010
at the … meeting of the Ministers’ Deputies)

The Committee of Ministers,

By virtue of Article 26, paragraph 2 of the Framework Convention for the Protection of National Minorities and of Rule 9 of Resolution (97) 10 (Rules adopted by the Committee of Ministers on the monitoring arrangements under Articles 24 to 26 of the Framework Convention for the Protection of National Minorities),

Considering that the Government of Italy ratified the Framework Convention for the Protection of National Minorities on 3 November 1997, and that the Convention entered into force in respect of Italy on 1 March 1998;

Having regard to the nominations of candidates, in accordance with Rule 8 of Resolution (97) 10, by Italy by letter dated 1 June 2010;

Having proceeded to election by secret ballot;

Declare elected to the list of experts eligible to serve on the Advisory Committee on the Framework Convention for the Protection of National Minorities on [date election]:

¼ in respect of Italy.

* * *

Appendix 2

List of candidates – Italy

1. Mrs Roberta MEDDA-WINDISCHER
2. Mr Francesco PALERMO

Note 1 This document has been classified restricted at the date of issue; it will be declassified in accordance with Resolution Res(2001)6 on access to Council of Europe documents.


 Top

 

  Related Documents
 
   Meetings