Ministers' Deputies
    Notes on the Agenda

    CM/Notes/888/4.1 4 June 2004
    ———————————————

    888 Meeting, 16 June 2004
    4 Human Rights


    4.1 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 Malta

    Reference documents
    CM(2004)81

    GR-H(2004)CB10

    Item prepared by the GR-H
    ———————————————

    Action

    To elect an expert in respect of Malta 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. It is recalled that the Advisory Committee having its full complement of 18 members, the Deputies are invited to elect an expert in respect of Malta 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 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. The names and curricula vitae of the candidates in respect of Malta appear in document CM(2004)81. The Rapporteur Group on Human Rights (GR-H) held a preliminary exchange of views on this question on 25 May 2004. The outcome of this exchange of views appears in the synopsis of the meeting (see doc. GR-H(2004)CB10).

    4. 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

    888th meeting – 16 June 2004

    Item 4.1

    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 Malta

    (CM(2004)81, GR-H(2004)CB10)

    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:

    in respect of Malta;

    2. consequently adopted Resolution ResCMN(2004)…, as it appears at Appendix … to the present volume of Decisions. <see Appendix to the present Notes>

    Appendix
    (item 4.1)

    Draft Resolution ResCMN(2004)…
    Election of an additional expert to the list of experts eligible to serve on the Advisory Committee
    in respect of Malta

    (Adopted by the Committee of Ministers on … 2004
    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 Malta ratified the Framework Convention for the Protection of National Minorities on 10 February 1998, and that this instrument entered into force on 1 June 1998 in respect of Malta;

    Having regard to the nominations of candidates, in accordance with Rule 8 of Resolution (97) 10, by Malta dated 24 March 2004;

    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] :

    in respect of Malta.



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